Qld DNA lab debacle: 1800 false statements in 1260 court cases

Two-and-a-half months after the DNA inquiry ordered every misleading witness statement be tracked down, the numbers are in.

More than 1800 false witness statements in at least 1260 court cases were made by the troubled Queensland Health Forensic and Scientific Services on whether DNA had been detected.

The damning figure was revealed by Health Minister Yvette D’Ath on Thursday, two-and-a-half months after an interim report from the commission of inquiry into forensic DNA testing urged every misleading witness statement to be immediately tracked down.

In September Commissioner Walter Sofronoff KC revealed the first public hearings had uncovered a major flaw in how DNA samples were being tested by the FSS over a number of years.

A change in procedure in 2018 meant samples within a certain level of DNA were passed over for testing, and led to samples below that range being reported as having “insufficient DNA for analysis” or “words to similar effect”.

“In fact, the possibility of obtaining a profile from these samples cannot be excluded because, although it might be that the samples contained insufficient DNA to develop a DNA profile, it might also be that the samples contained (DNA),” he said.

Samples with even lower levels were reported as having “no DNA detected”.

“In fact, such a quantitation result signifies that technical equipment did not have the capacity to determine either the presence or absence of DNA with reliability,” Mr Sofronoff said.

Minister Yvette D'Ath in Question Time on Thursday. Picture: Liam Kidston

“As a consequence, the description ‘no DNA detected’ as used in witness statements is misleading.”

As a result Mr Sofronoff recommended every witness statement issued by FSS since February 2018 where a sample had been stated to have “DNA insufficient for further processing” or “no DNA detected” be identified by FSS “without delay”.

On Thursday Ms D’Ath said 1840 such statements had been identified.

“We have been working with stakeholders about the format in which those new statements should be issued,” she said.

“Statements will start being replaced or issued quite shortly.

“We have committed to seeing this commission of inquiry through, getting the report and acting on these recommendations to ensure the public does have trust and confidence in our FSS going forward.”

The LNP has called for a reconstituted commission of inquiry to examine individual cases, with shadow attorney-general Tim Nicholls saying it would have a ripple effect across the justice system.

“This is one of the most catastrophic failings of an institution in Queensland’s history,” he said.

“The Opposition fears unless an independent commission is established victims will be forgotten by the Palaszczuk government.

“The commission should receive and investigate complaints by victims of crime who believe their matter may have been affected by the failings of the lab.”

Mr Sofronoff’s final report is due by December 13.