100 recommendations delivered following an inquiry into Qld DNA lab
Catastrophic failings at Queensland’s state-run DNA lab occurred under the leadership of boss Cathie Allen who lied to police, executives and staff, a commission of inquiry has found.
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Catastrophic failings at the state-run DNA lab occurred under the leadership of lab boss Cathie Allen who lied to police, executives and staff, a commission of inquiry has found.
Commissioner Walter Sofronoff KC has made more than 100 recommendations in his 500-page report which he warned made for “horrible reading” and detailed failings that were “as big as it gets”.
“I have found that serious problems have existed within the laboratory for many years, some of them amounting to grave maladministration involving dishonesty,” Mr Sofronoff wrote in his report
Asked whether he thought there was a criminal case against any lab staff, Mr Sofronoff said he did not know but warned there would be “consequences for somebody”.
Mr Sofronoff said courageous whistleblowers were made out to be disgruntled employees and the complicated subject matter meant it was “impossible” for senior figures including ministers to realise they were being lied to.
Fears had been raised that double jeopardy laws could impede the prosecution of cases that have already been tried if fresh DNA was discovered upon retesting of impacted cases.
But during a press conference, Mr Sofronoff said while that was a matter for the courts, there could be a case to argue that new evidence was obtained that could not reasonably have been obtained at the time, meaning double jeopardy did not apply.
Discussing his recommendations, Mr Sofronoff said there needed to be greater government funding of the lab and a change of leadership.
“There must be an independent and quality-minded scientist at its head, who keeps the scientific integrity of the laboratory and its purpose to serve the criminal justice system squarely in mind,” he said.
“Throughout the organisation, there must be new-found focus on scientific excellence, effective quality management and research and development.
“To achieve those ends will require substantial fresh funding from the government.”
Mr Sofronoff said a “great deal” needed to change within the laboratory and said Queensland Health had committed to ensuring that happened.
“We found some very, very disturbing and troubling things that were happening in the DNA laboratory…,” he said.
Mr Sofronoff said he was heartened that many scientists and people within the lab had “very high talent, skill and great devotion and dedication to the to their work”
He said structural and personnel changes were needed, specifically in leadership.
“In order to make these changes the government’s going to have to find and recruit a scientist of the highest caliber and I know that they’re working towards doing that imminently,” he said.
He warned the report was not easy to read. “The report makes some horrible reading because of the kinds of errors that have been made for reasons I’ve explained in the report,” he said.
“I have found that serious problems have existed within the laboratory for many years, some of them amounting to grave maladministration involving dishonesty. These findings are described in this report,” Mr Sofronoff wrote in his report.
Asked whether he thought there was a criminal case against any staff in the lab, Mr Sofronoff said he did not know but warned there would be “consequences for somebody”.
Mr Sofronoff agreed Cathie Allen’s leadership was the “single biggest problem” within the laboratory and said he made findings in his report that she lied to him and others during her evidence.
Asked how one person could have such a detrimental impact on the lab, he said it was incomprehensible that a public servant in Australia with the rank of managing scientist was lying.
He said the complicated nature of the science meant that people such as the director general or ministers had no way of being able to decipher what was happening.
“People don’t know the difference between DNA, a chromosome, a gene, and you go into other words that you’ve never even heard of,” he said.
“So when scientists at the lab raised an issue that went to the heart of the ethical conduct of the work, it looked like an arcane scientific problem or dispute.
“And there was no way in the world that the executive director or the Director General, or the minister would be able to recognise that what was being presented was not a dispute about scientific method … but a dispute that went to the heart of what they were doing…”.
“It’s impossible, because there’s nobody who’s in a position to think I’ve got to spend a couple of days getting on top of his DNA stuff, I better get a briefing from somebody outside the lab.
“And moreover, you don’t expect in Australia, that a public servant of the rank of the managing scientist is actually going to lie to you.”
“I don’t know what the motive was, I didn’t ask, I didn’t care,” he said.
“But it seemed to be speed of returning results to police was everything. The faster you get results back to police the better you look and everything was sacrificed for that.”
The premier thanked the “courageous” public servants who came forward, saying they should be commended.
Asked about findings that senior scientists had lied to the government, she said the findings were “very serious”.
“I won’t cop that from anyone,” she said.
In his report, the commissioner said it was important to note that the problems in the lab would never have been uncovered “but for the persistence of certain determined individuals”.
“Some of these people showed real courage in maintaining their demands for scientific integrity at personal risk to their health and careers,” he said.
“First, there were certain scientists who were prepared to speak truth to authority.
“When this Commission was established, they took the great risk of coming forward to me to tell me about what had been happening at the laboratory. Their stories were supported by a wealth of detail and, later, by contemporaneous documents that I obtained.”
He said those people went out on a limb, not knowing whether he would “honestly investigate their concerns or sideline them as malcontents who would then suffer retribution in their poisonous workplace for having gone behind the backs of their bosses”.
“They are Ms Kylie Rika, Ms Emma Caunt, Dr Ingrid Moeller, Ms Angelina Keller, Ms Alicia Quartermain and Mr Rhys Parry. A former employee, Ms Amanda Reeves, also provided information to the Commission,” he said.
“Ms Reeves, in particular, was treated cruelly. There are others who prefer to remain anonymous. Their evidence and information was fundamental to my ability to perform and finish my work within the short time-frame that I was given. I am deeply grateful for their help.”
Mr Sofronoff said the report would be forwarded to the Crime and Corruption Commission which could consider the viability of criminal charges.
An interim report released prior to the public hearings was scathing of the lab’s processes, with Mr Sofronoff warning an “extraordinary amount” of investigations into serious crimes in Queensland had been compromised.
The $6 million commission of inquiry led by the retired Court of Appeal President Mr Sofronoff heard evidence of catastrophic failings within the lab.
Issues included a controversial decision in 2018 to stop testing DNA samples below a certain threshold and instead incorrectly report them to the police and courts as being DNA insufficient, or DIFP.
Among the witnesses to come under the microscope was lab boss Cathie Allen who was accused of misleading police into making the controversial decision.
During her evidence, Ms Allen claimed the decision was the result of “human error”.
She refuted assertions she presided over a “toxic” workplace in which she attempted to “crush” scientists who dared to speak out about the poor practices.
In his report, the commissioner said it was important to note that the problems in the lab would never have been uncovered “but for the persistence of certain determined individuals”.
“Some of these people showed real courage in maintaining their demands for scientific integrity at personal risk to their health and careers,” he said.
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