Noh Omar: Review DNA Act for compulsory samples

At present, suspects must voluntarily consent to have their DNA samples taken.

KUALA LUMPUR: A backbencher has suggested that the Deoxyribonucleic Acid (DNA) Identification Act 2009 be reviewed to make it compulsory for accused in criminal cases, including sexual crimes, to submit a sample of their DNA to the authorities.

Noh Omar (BN-Tanjong Karang) in making the suggestion, said the move would enable such cases to be resolved quickly and proven accurately.

“At present, the accused cannot be forced to submit their DNA … I propose that in sexual cases, it should be compulsory to provide the DNA samples,” he said when debating on the motion of thanks for the royal address in the Dewan Rakyat yesterday.

The DNA Act facilitates the setting up of the Malaysian Forensic Data Bank for DNA to be taken and stored, an analysis of the DNA sample to be done and for it to be used for humanitarian purposes. However, under the Act, the authorities must get consent from a suspect for a DNA sample, and the consent must be voluntary.

Using the sodomy case of PKR Advisor Anwar Ibrahim as an example, Noh said the proposal if accepted, would stop the negative perceptions of some parties towards the country’s judiciary.

He said the proposal was necessary based on the increase in sexual crime cases with figures from the Attorney-General’s Chambers showing 171 charges made under Section 337B of the Penal Code (unnatural voluntary sex) in five years, while 160 people had been charged under Section 337C of the Penal Code (unnatural sex without consent).

In his debate, Noh also suggested that Members of Parliament wear the ceremonial clothes during the opening with Dewan Rakyat to honour the Yang di-Pertuan Agong.

– BERNAMA