DNA testing inquiry to zero in on ‘failings’

The state government has released its Terms of Reference for the Commission of Inquiry into the state’s besieged DNA testing services.

A Commission of Inquiry into DNA testing at the state’s forensic lab will be able to zero in on cases of concern as it examines whether testing and analysis has been reliable and the reasons for any “failings”.

The Terms of Reference for the Commission of Inquiry into Queensland’s Forensic and Scientific Services were released on Friday, with Premier Annastacia Palaszczuk saying she looked forward to the results.

Premier Annastacia Palaszczuk. Picture: Tara Croser.

The Commission will examine whether the methods, systems and processes by police and the lab for DNA collection, testing and analysis are and have been reliable, followed best practice, and have resulted in accurate reporting of the presence of DNA and accurate matching of DNA.

If not, it will examine the reasons for any such failings.

The landmark inquiry was announced Monday after Cabinet agreed the launch of a police review of all sexual assault cases in which “insufficient DNA for further processing” was found had increased the seriousness of concerns raised with the state-run lab.

The Commissioner, Retired Court of Appeal president Walter Sofronoff, will determine which cases he chooses to examine as part of his probe, the Premier said.

But she singled out the case of 23-year-old Shandee Blackburn, who was murdered in Mackay in 2013.

A man was charged but acquitted. No conclusive DNA evidence was found at the scene, raising question marks about the conduct of the lab.

Ms Palaszczuk said Queenslanders must have confidence in the reliability of the lab.

“Nothing short of a full, open and rigorous Commission of Inquiry can restore confidence in DNA testing in this state,” she said.

“Justice Walter Sofronoff is a retired judge and well respected member of our legal system.

“He will leave no stone unturned.

“I look forward to the results of his inquiry.”

A study in the Australian Journal of Forensic Sciences last year found full profile recovery from trace DNA samples in 2018 to 2019 was “slightly lower” in Queensland than other jurisdictions and profiling success for items was also “poorer” than that reported elsewhere.

“Additional research is required to determine whether differences between Queensland and other published data stems from consumables used, collection technique, environmental effects (e.g. increased degradation), or some other factor,” it said.

A report is due by December 13 and any interim report is at the discretion of the Commissioner.