DNA Identification Bill 2008 Public Forum

Malaysiakini had being reporting about this bill and the bar council reaction to it and many are still unaware about the consequences that we are facing for MalaysiaKini.


We must not make the same mistake again, allowing the ruling government to introduce all kind of acts that do not place the interest and rights or concerns of the rakyat. Just like the ISA act which goes through Parliament without much outcry or debate, it was used indiscriminately and well over 10,000 people had gone through hell without any recourse. The home minister is holding such great power that he can simply order the detention of anyone under the ISA.

This DNA Identification Bill 2008 Public Forum is an opportunity for everyone to understand the implication and consequences if this bill is pass as it is.

Please read this statement from the Bar Council.

The DNA Identification Bill 2008 was tabled in Parliament in August and hailed as a beneficial and necessary tool to fight crime more effectively. The Bill contains provisions to compel DNA testing, establish a national DNA databank and regulate the use of DNA profiles. Home Minister Datuk Seri Syed Hamid Albar reportedly told Parliament that DNA profiling is “completely transparent and scientific”, can only “tell the truth” and will thus not result in any wrongful convictions.

However, the Bill has drawn vocal criticism, including concerns that it does not contain adequate legal safeguards, would place excessive powers in the hands of the police and the relevant Minister, generally assumes that DNA profiling is a precise and infallible science, and has not undergone a process of consultation with relevant stakeholders.

One aspect of the Bill that has come under particular attack is the conclusive evidence clause, which provides that DNA evidence would be conclusive proof. As a result, the accused cannot challenge the veracity and authenticity of DNA samples by presenting other forms of evidence.

Critics also say that the Bill is problematic because it permits DNA samples to be taken from too wide a range of persons, and would punish those who refuse to provide DNA samples. Coupled with the lack of a Data Protection Act in Malaysia, there are grave concerns that the Bill would result in infringements on privacy rights.

The Bar Council is of the view that we have to consider whether such a Bill is needed at this time, taking into consideration the high cost of maintaining a DNA databank. The limited use of DNA in solving and prosecuting crimes may not justify the high cost of maintaining the databank.

The government should provide the public with facts and figures, based on comprehensive studies, to justify the need for a DNA databank and to indicate what level of additional crimes will be solved as a result of this Bill.

We urge the government to use the monies that would be allocated for the DNA databank to focus instead on crime prevention. Concrete measures that could be taken include increasing police personnel for street patrols, setting up more police beats, improving training facilities, upgrading the equipment and support systems at all police stations, and improving the salary structure for police personnel.


Now the DAP MPs is having this public forum to hear your views so that they can take it to Parliament for the DNA Identification Bill 2008 debate.

Please attend this forum to understand this Bill and voice your concern. We need to help and support the MPs and Bar Council in order for them to help us.