Qld forensic scientists provided misleading information: report

Respected molecular biologist Professor Frank Gannon has been selected to oversee the implementation of interim recommendations arising from an inquiry into forensic DNA testing in Queensland, after a report found there was potential for the miscarriage of justice.

State Minister for Health and Ambulance Services Yvette D’Ath said Gannon would provide independent oversight of the implementation of the interim recommendations from the ongoing Commission of Inquiry into Forensic DNA Testing in Queensland. The Commission of Inquiry was sparked by concerns about the DNA testing thresholds used by Queensland Health Forensic and Scientific Services between February 2018 and June 2022.

“Commissioner Walter Sofronoff KC’s interim findings and recommendations, which the government will implement, relate to the issue of how some DNA testing results were reported by Forensic and Scientific Services (FSS),” D’Ath said.

“The Commissioner found that between February 2018 and June 2022, FSS scientists provided untrue or misleading information regarding the detection of DNA in some sworn witness statements relating to samples with very small amounts of DNA.

“He has recommended that the relevant statements be withdrawn and corrective statements issued.”

While Sofronoff did not find that previous DNA testing was inaccurate, he did find that, due to the possibility that additional processing of DNA samples could lead to partial or full DNA being detected in some cases, statements issued stating “DNA insufficient for further processing” or “no DNA detected” were not factually correct.

To rectify this potential injustice, Sofronoff has recommended:

• that all witness statements issued by FSS since 2018 that stated “DNA insufficient for further processing” or “No DNA detected” have new statements issued stating that the original statement was incorrect; and
• that the government appropriately fund any bodies required to investigate, consider and resolve these issues.
   

Although no recommendation was made regarding further analysis of samples the subject of the incorrect statements, the government will now undertake a full audit of all samples relating to major crime taken between 2018 and June 2022 that resulted in witness statements stating “DNA insufficient for further processing” or “No DNA detected” that did not progress to further testing due to DNA results falling between 0.001 ng/μL and 0.0088 ng/μL. This will help identify whether any partial or full DNA can be detected; where DNA is found, such results will be provided to the Queensland Police Service for further consideration.

“The government has already reverted to FSS’s previous practice of testing all samples, including those with low levels of DNA, as it did prior to February 2018,” D’Ath said. Furthermore, in addition to Gannon’s role overseeing the work to reissue the statements and further test identified samples, a taskforce has been established to implement the recommendations and to support work coming out of the ongoing Commission of Inquiry.

“As we implement Commissioner Sofronoff’s recommendations, we’re putting additional systems in place which includes creating a hotline [1300 993 191] for anyone who believes they were involved in a police or court matter that may have been impacted by the failure to further test for DNA,” D’Ath said.

“Where cases are re-examined, police will contact interested parties including victims of crime and their families.”

Image credit: iStock.com/D-Keine

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