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The Guardian - AU
The Guardian - AU
National
Eden Gillespie

Science, justice and revelations from Queensland’s inquiry into forensic DNA testing

Inspector David Neville outside the commission of inquiry into forensic DNA testing in Queensland
Insp David Neville of the police DNA unit told the inquiry his communication with a forensic lab staff member ‘became quite aggressive or terse’. Photograph: Jono Searle/AAP

Fewer than 10 cells can produce a DNA profile that can change the course of someone’s life.

The human body has billions of them and, for victims of a crime, their correct identification can signal the difference between a sense of justice and a lifetime of lingering questions.

For those accused of a crime, the stakes are also high, with the potential to vindicate the innocent and prevent criminals from getting away with murder.

In Queensland, there were few questions about the science until media reports, led by The Australian, highlighted potential failings in the state’s forensics lab that could affect thousands of criminal cases.

Damning interim findings from a commission of inquiry revealed last month that the government-run lab routinely failed to test samples under a certain threshold since 2018, labelling DNA as “insufficient” or saying none could be detected.

Immediate action was taken after the explosive findings were handed down, with the Queensland government announcing thousands of DNA samples would be retested.

But on Friday the retesting was paused, after concerns emerged about new procedures being hurried through the lab, the inquiry heard during public hearings that began at the start of the week.

The testing halt could last months, with advocates fearing victims of serious crimes have been left in the dark.

Angela Lynch, who heads the Queensland Sexual Assault Network, says victims of sexual assault are feeling a heightened sense of vulnerability while the inquiry is ongoing.

“We’ve got a [Queensland police] taskforce, we have a health taskforce. Where is the victim strategy or victims’ response to this DNA inquiry?” Lynch says.

“This is their life we are talking about and we haven’t seen a formal response or strategy about how they’ll be responding or keeping them front and centre with all the decision-making that takes place.”

Lynch says it remains unclear how police or the government will go about informing victims who don’t contact them first.

“Are police just going to be cold calling these victims out of the blue and saying that they’ve got DNA?” she says.

“I’m not sure that victims of sexual violence are being prioritised in this entire process.”

Lynch says the terms of reference of the inquiry are narrow and scientific, but stresses the government still has an “obligation” to victims.

“The government [should say], ‘this is what we’re going to do, we’re going to increase funding for sexual violence services, we’re going to set up a victims’ commissioner that people can go to if they feel aggrieved’,” she said.

The chief executive of Queensland Homicide Victims’ Support Group, Brett Thompson, says victims are facing complete uncertainty amid concerns about a backlog of criminal cases.

“What will we say to people? What information do we have? We’re really uncertain of where this is going to lead,” he says.

“Are there going to be investigations reopened? Are there going to be trials re-undertaken in the case of acquittals or if the person was found guilty?”

A Queensland police service spokesperson says they have established a taskforce with the Queensland Health Forensic and Scientific Services “to continue identifying and reviewing evidentiary samples for additional DNA testing”.

They acknowledged that “given the volume of the files”, the process “could take a considerable amount of time”.

“As cases are examined, police will contact affected parties including victims to provide updates and as much information as possible,” the spokesperson says.

A spokesperson for the Department of Justice and Attorney General says the government “funds state-wide services that are available for those who may need support”.

They say the government is “working closely with the sector” and is “committed to providing trauma-informed responses to victims that support their health and wellbeing”.

The inquiry is months out from handing down its final report, but it’s already sent shock waves through the state’s forensic lab, with two staff members stood down pending its full results.

This week’s public hearings have heard disturbing allegations, including a claim that the lab failed to identify DNA from nine semen samples in a rape case.

There have also been unsettling allegations about hostile relationships between the forensic lab and Queensland police.

It comes after Guardian Australia reported that the state government was aware of problems at the forensic lab, such as bullying complaints and “vendettas” against managers.

Insp David Neville, the manager of the Queensland police service’s DNA unit, told the inquiry on Tuesday that his communication with a staff member at the lab “became quite aggressive or terse” in some instances.

He alleged a staff member told him: “You can either be my friend or my foe, but once you’re my foe there is no coming back.”

Thompson says he was shocked by the evidence at the hearings and has been contacted by victims of crime who have expressed mistrust with the justice system.

“I can understand that a defence lawyer and police officer wouldn’t necessarily want to sit down and have a beer together … but you’d hope that rocky relationships don’t get in the way of what the job actually is,” Thompson says.

“It’s like hang on, let’s put some personality or whatever aside and stick to what we need to do, which is to uncover what the truth is.”

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