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ABC News
ABC News
National
state political reporter Rachel Riga

Queensland government accepts recommendations from the DNA lab inquiry, foreshadows changes to double jeopardy laws

A proposal to amend double jeopardy laws in Queensland will be brought forward following the fallout from the inquiry into the state's failed DNA testing lab.

Attorney-General Shannon Fentiman said the state had some of the narrowest laws, which only applied to murder.

"I want Queensland to join with most other jurisdictions and expand the exception to other serious offences," she said.

"We want to look at broadening that fresh and compelling objection to double jeopardy."

Ms Fentiman said that would likely include offences like sexual assault and rape, with consultation underway with legal stakeholders including the Bar Association and Queensland Law Society.

In Queensland, a person can be retried for murder if the prosecution is able to show "fresh and compelling" evidence that was not available at the time of the original trial.

She said she hoped to have a bill before parliament next year.

Health Minister Yvette D'Ath said forensic services in Queensland needed to be "rebuilt from the ground up" which the state government would do.

"The recommendations went to technical, operational, managerial and culture flaws over many, many years," she said.

Allen and Howes given show cause letters

Ms D'Ath said show cause letters had been issued to three staff members from Queensland Forensic and Scientific Services.

"Two of those are already on suspension," she said.

"They are being issued show cause letters today.

"In addition, another two are being given what we call 'please explain letters' in relation to matters that have arisen in the report and being asked to respond to that."

Managing scientist Cathie Allen and team leader Justin Howes were both suspended on full pay from their roles after an interim report from the inquiry was released in September. They will have three weeks to respond to the notices.

In a statement, Ms D'Ath also acknowledged "the inquiry findings against some Queensland Health staff members and matters have been referred to the Crime and Corruption Commission".

Ms D'Ath said there were "cultural issues across Queensland Health" which had been revealed in this report and others including investigations at Mackay and Caboolture hospitals.

"It is very concerning that not only are staff not willing to speak up but staff are scared to speak up in some areas Queensland health," she said.

"We've already started work to address these issues … this culture has to change."

The Queensland government today handed down its response to the Commission of Inquiry into Forensic DNA Testing, accepting all 123 recommendations.

Premier Annastacia Palaszczuk said it was a "serious consequence" for the staff in charge of the lab that the report would be referred to the Crime and Corruption Commission (CCC).

"The people who ran the lab should absolutely be apologising [to Queenslanders]," she said.

Ms D'Ath said the staff were owed procedural fairness to respond to the letters.

New oversight body to be established

Ms Palaszczuk said a new independent oversight body would be established and $95 million would be spent to implement immediate reforms.

Several interim measures will be implemented including the set up of Forensic Science Queensland – a temporary, independent, expert body – which will include a board and a new Forensic DNA Science Advisory subcommittee.

The body's interim CEO will be Professor Linzi Wilson-Wilde – a renowned forensic scientist and the director Forensic Science South Australia – who will be supported by 41 full-time staff and 20 temporary staff.

The board will be set up by January next year and it will report to the health minister and attorney-general.

In the long-term a new Forensic Service agency – under the Department of Justice and Attorney-General – would be established in the next year.

Ms Palaszczuk said long-term measures would also be implemented to restore public confidence in DNA forensic services.

"We want to ensure transparency and restore confidence in forensic DNA testing in this state," she said.

"We want to ensure confidence in the criminal justice system for victims and survivors."

Former judge Walter Sofronoff's report was the result of a six-month Commission of Inquiry into the troubled Queensland Forensic and Scientific Services (QFSS) lab.

It revealed major problems persisted for years and were caused by a number of factors including mismanagement, cultural issues and the fact that the lab falls under the Department of Health.

Mr Sofronoff found the issues led to a significant cut in the number of crime scene samples being tested for DNA and a risk of "miscarriages of justice".

His 506-page report recommended a retrospective review of thousands of crimes, including murder and sexual assault cases, dating back to January 2008.

He was also damning of the lab's managing scientist Cathie Allen, accusing her of lying and of significant failures in scientific oversight spanning years.

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