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Queensland forensics lab boss didn't tell health minister when she first became aware of DNA testing problems, inquiry hears

The head of forensic sciences in Queensland met with Health Minister Yvette D'Ath in June to discuss urgent problems with DNA testing of crime scene samples but failed to mention police had been briefing her about the issues for almost six months, an inquiry has heard.

Lara Keller, the acting executive director of Queensland Health's Forensic and Scientific Services (FSS), told the inquiry into forensic DNA testing she met with Ms D'Ath and the department's Acting Director-General Shaun Drummond on June 2.

She said she was asked to attend the meeting after the Queensland Police Service's submission to the Women's Safety and Justice Taskforce was published with concerning data relating to forensic DNA testing in the state.

The data suggested that since January 2021, police had requested 393 samples to continue with testing despite them having initially been labelled as having insufficient DNA for further processing, with 33 per cent returning a usable profile.

In samples relating to alleged sex offences, the success rate was 66 per cent.

The inquiry before Walter Sofronoff KC has been told Ms Keller first became aware of issues relating to DNA testing thresholds of crime scene samples in December last year, about two months after taking on the role.

'It's easy to say that now'

Under grilling by counsel assisting the inquiry Michael Hodge KC she said she had not told Ms D'Ath she had known about the issue for almost six months when she met with her and Mr Drummond on June 2.

Mr Hodge: "Why not?"

Ms Keller: "I didn't."

Mr Hodge: "It was obviously relevant, wasn't it?"

Ms Keller: "It's easy to say that now."

Mr Hodge: "Did you think if you raised it with the minister, you would get into trouble?"

Ms Keller: "No, I don't operate like that."

Police have given evidence that in 2018 they were misled by Queensland Health into believing less than 2 per cent of samples below a certain DNA threshold would produce a usable profile.

A later Queensland Police Service (QPS) review had found that to be more likely 30 per cent, or higher.

Three days before her meeting with Ms D'Ath and Mr Drummond, Ms Keller received an email from Police Inspector David Neville outlining data contained in the QPS review.

"The success rate observed for samples relating to sex offences is disturbingly high and raises the risk that we may be missing evidence that could identify an offender," Inspector Neville wrote.

"The QPS needs to take steps to mitigate this risk."

Ms Keller failed to inform the minister the data contained in the Women's Safety and Justice Taskforce submission had been provided to her by police two days before it was made public or that she had been briefed about problems with DNA testing thresholds since mid-December 2021.

She told the inquiry she spoke to managing scientist Cathie Allen on the day Inspector Neville sent the May 30 email and was told she thought the data had been "cherry picked" based on "known sex offences which had an outcome".

The inquiry continues.

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