Introduction

Malaysia, a rapidly developing nation, is not immune to criminal activities that threaten the safety and security of its citizens. The government’s social responsibility is to establish an effective and efficient criminal justice system that ensures offenders are apprehended, prosecuted, and appropriately punished. While the criminal law in Malaysia is divided into the Penal Code and the Criminal Procedure Code, some cases remain unsolved due to various factors, including the lack of evidence or appropriate leads. To address this issue and reduce crime rates, the integration of forensic science into the criminal justice system has become crucial.

The Role of Forensic Science in the Criminal Justice System

Forensic science acts as a crucial link between scientific knowledge and the law, playing a pivotal role in aiding law enforcement authorities during criminal investigations and resolving crimes. Although not explicitly specified in the Criminal Procedure Code (CPC) of Malaysia, forensic science techniques are extensively integrated into the practices of law enforcement agencies and the judiciary.

The Malaysian legal system acknowledges the paramount importance of scientific evidence in criminal proceedings. As a result, forensic science laboratories in Malaysia, including specialized units like the Chemistry Department’s DNA Section, actively collaborate with law enforcement agencies to provide indispensable scientific support during investigations and court proceedings. This collaboration serves to strengthen the criminal justice system and ensure that justice is upheld based on objective and reliable scientific evidence. The significance of forensic science in the Malaysian criminal justice system can be observed through various aspects:

1. Evidence Collection and Handling: The CPC outlines specific procedures for the collection, preservation, and handling of evidence in criminal investigations. Forensic science techniques, including fingerprint analysis, DNA profiling, and ballistic analysis, are employed by law enforcement agencies to collect and preserve evidence gathered from crime scenes and related sources.

2. Expert Testimony: The CPC permits the involvement of expert witnesses, such as forensic scientists, to provide testimony in court. These experts are called upon to explain intricate scientific findings and analyses pertinent to the case. The judge relies on their expertise to comprehend the significance of the presented evidence.

3. Chain of Custody: Emphasizing the importance of maintaining the chain of custody for evidence, the CPC ensures the integrity and admissibility of evidence in court. Thorough documentation of evidence handling is imperative to prevent contamination and tampering, thereby guaranteeing the reliability of forensic findings.

4. Scientific Reports: Forensic scientists in Malaysia are frequently required to produce comprehensive scientific reports based on their analyses. These reports play a pivotal role in assisting investigators and prosecutors in constructing a robust case against the accused.

Case Examples:

1. Altantuya Shaariibuu

   Altantuya Shaariibuu murder case involved significant use of DNA evidence during the investigation and trial. Altantuya Shaariibuu, a Mongolian woman, was murdered in 2006, and the case gained widespread media attention due to its complexity and alleged involvement of prominent individuals.

   DNA evidence played a crucial role in linking the suspects to the crime scene and the victim. During the investigation, DNA samples were collected from various sources, including the crime scene, the victim’s belongings, and the suspects.

2. Canny Ong

   Malaysians may never forget the brutal murder of Canny Ong that received media attention across the board. The case is one of thousands of criminal cases were resolved by the investigator and the prosecutor, based on scientific evidence.

   Forensic Section of Chemistry Department has successfully linked the accused to the victim using biological evidence (DNA). In this case sperm @semen stain of the offender was obtained from clothing worn by the victim. In addition, victims’ blood stain was also found on jeans belonging to the offender. The presence of both of this evidence has linked the offender to the victim without any reasonable doubt.

Conclusion

Forensic science has become an indispensable component of Malaysia’s legal system, contributing to the successful resolution of criminal cases through advancements in science and technology. The commitment of all relevant parties to continuously develop and improve forensic science is crucial to ensure that criminals are brought to justice and punished appropriately beyond reasonable doubt. By leveraging the power of forensic science, Malaysia can strengthen its criminal justice system and foster a safer environment for its citizens.

References

1. Penal Code (Act 547)
2. Criminal Procedure Code (Act 593)