DNA lab report released
The Queensland Government says it has accepted all the findings of an inquiry into its forensic DNA lab.
The government has handed down its response to the Commission of Inquiry into Forensic DNA Testing, accepting all 123 recommendations.
The inquiry was launched following revelations that changes at the lab had thrown the validity of legal cases into question.
Thousands of serious criminal cases in Queensland will need to be reviewed after the inquiry found a state-run forensic lab failed to properly test DNA samples for years due to “grave maladministration involving dishonesty”.
Former judge Walter Sofronoff recommended that the state’s Forensic and Scientific Services (FSS) be restructured in his report, which finds that lab managers focused on speed rather than accuracy in DNA testing and “that scourge has invaded” the validation of process and equipment used, time management and resources.
“I have found that serious problems have existed within the laboratory for many years, some of them amounting to grave maladministration involving dishonesty,” he said in the report.
“In most cases that will have reduced the prospects of conviction by a failure to obtain evidence which could support a complaint,” the report says.
“It is possible, but unlikely that the failures could have resulted in a wrong conviction.”
The report lays a lot of blame for the failures on FSS manager Cathie Allen, who has been in her role since 2008 without adequate oversight.
The review found that she had distorted the aims of the lab over time and placed obstacles in the way of scientists trying to do their work.
She was accused of trying to cover up mounting problems with superiors, lab staff and police using a “deliberately crafted series of lies and misleading dodges”.
“It is apparent from the number and breadth of scientific issues identified as below best practice or inadequate in this report, and the extent of retrospective review that is required to prevent miscarriages of justice, that Allen has not been able to fulfil the responsibilities of her role,” the report says.
“This state of affairs has been caused by both the structure of her role within FSS and her personal performance of it.
“As a result, the department leadership was not equipped to grapple with the real problem: a malignancy in the scientific management of FSS.”
The Queensland Government says it will provide an initial investment of more than $95 million to establish a new framework to drive significant reforms to DNA and forensic services as part of its response to the recommendations.
Premier Annastacia Palaszczuk said it is imperative Queenslander’s faith in the state’s forensic and scientific services was restored.
“I promised Queenslanders we would get to the bottom of issues surrounding DNA testing in Queensland when I announced the Commission of Inquiry in June,” the Premier said.
“This inquiry has now done that, and the Commissioner’s recommendations will be our roadmap to deliver the necessary improvements.
“We accept all recommendations.
“The government will implement several interim measures immediately, including establishing Forensic Science Queensland with an independent Board of Management and a Forensic DNA Science Advisory Sub-Committee to provide independent, expert oversight and ensure scientific integrity. It will be established in January.
“The Board will report jointly and directly to the Health Minister and the Attorney-General, so as to make it clear this service is a fundamental part of our justice system.
“In the longer-term, we will look to establish a Queensland forensic agency under the Justice and Attorney-General portfolio, in line with its fundamental role contributing to the integrity of the justice system.”