Review of forensic DNA testing ‘falls short’ for Queensland victims, critics say

https://www.theguardian.com/australia-news/2022/may/11/review-of-forensic-dna-testing-falls-short-for-queensland-victims-critics-say

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Specific cases may be examined to inform scope of review, no re-analysis of DNA samples will be done

Queensland’s opposition has criticised the Palaszczuk government and accused it of failing victims of crime over its review into the state-run forensic laboratory.

The government announced a review into the Forensic Scientific Services six weeks ago, after delays and reported failings in the analysis of DNA evidence.

On Tuesday, the government tabled the terms of reference for the review in Queensland parliament.

The opposition leader, David Crisafulli, said questions remained over who will lead the inquiry and when it will take place.

“I will call it as it is, this [review] does not go far enough. It falls well short,” Crisafulli told parliament on Tuesday.

“There have been many [previous] reviews … but the government has not acted.”

Crisafulli told parliament victims of crime would be disappointed by the review as it will not look into “previous failings” by the lab.

The review’s terms of reference state that while specific cases may be examined to inform the scope of the review, it will exclude re-analysis of DNA samples, issues in specific cases and information about identifiable cases.

According to the terms of reference, this was because the review “is focused on systems and processes and so as not to prejudice any ongoing or future criminal matters”.

Crisafulli said there were “potentially thousands of victims being denied justice”.

The health minister, Yvette D’Ath, told parliament that the terms of reference were prepared in consultation with the Queensland Police service and the Crime and Corruption Commission.

D’Ath said the “highly specialised set of skills required” for the review meant “there is a limited national pool of potential reviewers.”

“We are going through the process of appointing a reviewer, including undertaking normal due diligence,” she said.

The Greens South Brisbane MP, Amy MacMahon, said the party would support an independent review as Queensland’s forensic labs “urgently need more resources.”

“There’s a damning audit report that revealed huge delays, and not enough lab staff to do the work,” MacMahon said.

The state’s premier, Annastacia Palaszczuk, said the review will take place shortly and confirmed the final report will be publicly tabled.

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The announcement of the review came after revelations uncovered in the Australian’s podcast series Shandee’s Story, which examined the alleged handling of DNA evidence in a murder case.

Shandee Blackburn, 23, died after being stabbed more than 20 times when she was walking home in Mackay in 2013.

Forensic biologist Dr Kirsty Wright, who was interviewed on the podcast, described the handling of the murder case as a “trainwreck”.

Dr Wright alleged the state-run forensics laboratory was failing to detect DNA in samples taken in rape and sexual assault cases.

“This lab and the flawed results and the inaccurate results, it’s compromising our criminal justice system and it’s compromising public safety,” Dr Wright told the podcast.

The state coroner re-opened an inquiry into Blackburn’s death last year after a request by the state attorney general, Shannon Fentiman.

Shandee’s mother, Vicki Blackburn, previously told the Australian the family would not be satisfied by anything less than an independent review of the state’s forensic labs.

“We do not have any faith in any internal review,” Blackburn said.

The Queensland Council for Civil Liberties has also raised concerns over the state’s forensic labs.

QCCL’s president, Michael Cope, said the appointment of an independent expert to conduct an inquiry would “ensure that public confidence in the administration of justice in the state is maintained.”

“The QCCL has been watching the developments in the case of Shandee Blackburn with increasing concern,” he said in a statement last year.

“In our view, given the very small forensic science community in this country, that expert should be sourced from overseas.”