Karpal Singh has warned Prime Minister Abdullah Ahmad Badawi and his ministers not to volunteer unsolicited comments that may compromise police investigations into PKR
de facto leader Anwar Ibrahim’s alleged sodomy offence.
The DAP chairperson said in a statement today that he was shocked by Pak Lah’s challenge to Anwar to prove his innocence in this controversial allegation by giving his DNA sample.
“It is elementary that under our system of law, it is not the PM who considers the result of an investigation but the police who are required to put up investigation papers to the Attorney-General.
“It is wrong for the PM to publicly challenge Anwar to disprove the allegation of sodomy against him.
“The PM should hold his piece and not publicly direct and influence police investigation,” he said.
Pak Lah’s remarks unwarranted
Anwar was arrested on Wednesday over sodomy allegations levelled against him by his ex-aide Saiful Bukhari Azlan.
The former deputy prime minister had refused to give a DNA sample on grounds that the sample could be tampered with.
He will not consent to giving a DNA sample even if the police obtain a court order unless stringent conditions are met.
This includes having all medical samples and examinations or tests conducted in relation to the sodomy allegation must be proven to have been carried out professionally and without interference.
However, Abdullah yesterday said a DNA sample was necessary because the sample extracted 10 years ago is too old.
“If he is not guilty, why worry about giving a new DNA sample. If he is indeed innocent, there is nothing for him to fear.
“If he has not done anything, then provide a sample. Do it. I want to see it. Let’s see the result which could prove that he did not do it,” he was quoted as saying.
Karpal who is also Bukit Gelugor MP also criticised Home Minister Syed Hamid Albar for making statement challenging Anwar to give his DNA sample.
Cannot be forced to give DNA
“Hamid Albar should be prepared to face the consequences for defaming Anwar for these statements and innuendos,” he said.
Karpal also noted that there is no legal provision in the Criminal Procedure Code to compel a person arrested in the course of investigations to undergo DNA tests.
He pointed out that former judge KC Vohrah in 2000 ruled that a person is perfectly entitled to refuse DNA testing.
Vohrah added that whoever carries out such testing without the person’s consent would violate Section 232 of the Penal Code for voluntary causing hurt to a person.
On that grounds, Karpal had urged the executive to leave the investigation to the police.
“Anwar is entitled to an investigation which is not procedurally flawed and contaminated by outbursts from politicians in high places.” he said.
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