I refer to the Malaysiakini report DNA: One known, other still a mystery .

I read with shock and disbelief that the DNA sample detected on Teoh Beng Hock's clothes contained contamination from a deceased male by the name of Gopala Muniam who underwent a post-mortem earlier on the same day. This result was revealed on Oct 2 by forensics expert Dr Seah Lay Hong during the inquest on Teoh Beng Hock’s death.

This revelation exposed the shoddiness of the post-mortem on Teoh Beng Hock as well as the way DNA samples are obtained. There was no proper precaution by those involved in preventing contamination. You may imagine the potential disastrous and misleading conclusions being drawn if the contamination were to come from another living individual.

In fact, this incidence further exposes the fact that the credibility of DNA testing is as good as and is no better than the credibility of the sample as well as credibility of those individuals involved in the test.

Any breach of duty of those involve will render the result of the DNA testing useless. These individuals include:

1. the investigating officers who collects the sample,

2. the officers involved in sealing and transporting the specimen to the DNA laboratory,

3. those involved in performing the DNA testing, and

4. The police officer who heads the DNA databank.

Hence, the Deoxyribonucleic Acid (DNA) Identification Act 2008 which was passed in Parliament recently despite objection by all Pakatan Rakyat MPs now has obvious flaws.

The Clause 9 of the DNA Identification Act 2008 empowers the head of the DNA databank to rectify the particulars in the DNA profiles and any other information if a clerical error has occurred.

Clause 24 states that the information contained in the DNA databank shall be conclusive proof of the DNA identification in any proceedings in any court. The result, therefore, cannot be challenged in court.

This is unchecked power given to the head of the DNA databank, who is a police officer appointed by the minister and who determines the result of DNA testing with the results being unchallengeable in court.

Obviously, the fallibility of the DNA technology due to the human factor in the real world has not taken into account.

Being also a practicing medical specialist, I demand that:

1. The health minister take the necessary action with regards to implementing proper procedures in carrying out a post-mortem as well as have proper ways for collecting samples for DNA testing to prevent a similar mistake from repeating; and that

2. The home affairs minister repeal Clause 24 of the DNA Identification Act 2008 during the Oct-Dec 2009 Parliament session so that the result of any DNA test can be subjected to scrutiny in court.

The writer is PKR vice-president and member of Parliament for Gopeng.