Justice Graeme Crow slams State Government over DNA lab backlog

A fed-up Supreme Court judge has asked why defendants should sit behind bars “until the government gets its act together” amid another DNA lab hold up.

Delays in a large drug possession case due to Queensland’s scandal-plagued forensics laboratory have led to a Supreme Court judge blasting the State Government actions to address the ballooning backlog.

Rockhampton’s Supreme Court Justice Graeme Crow’s reaction came after Department of Public Prosecutions’ officer Tessa Wormsley told the court what she had been told by Queensland’s Forensic and Scientific Services (FSS) regarding DNA testing of a bag of drugs.

“There was essentially a priority list for the work to be completed until the end of the year and that list contains matters that have already had trials and hearings adjourned,” Ms Wormsley said

“So that, unfortunately, doesn’t seem that will be completed this year.”

Police allege Tony Leonard Rice, who is charged with one count of possessing more than two grams of a schedule one drug, left his DNA on the bag of drugs. He is yet to enter a plea.

Justice Graeme Crow: ‘Does Mr Rice sit in prison forever until the government gets its act together?’ Pic Annette Dew

FSS has been under fire since allegations were made in a podcast looking into Mackay’s Shandee Blackburn’s murder case.

Dr Kirsty Wright worked with NewsCorp investigative journalist Hedley Thomas in examining the investigation into Ms Blackburn’s murder which revealed major errors and problems at the lab and led to the high profile inquiry, led by Walter Sofronoff KC.

The inquiry’s final report, handed down in December, exposed flawed forensic testing procedures that had a devastating impact on the criminal justice system.

Nearly 30 scientists have since been recruited to rebuild the state-run facility as the government commits almost another $100 million to deliver critical reforms.

However, it was recently revealed the number of cases needing review had soared to 37,000.

Justice Crow, during Mr Rice’s mention in Rockhampton on October 12, said it was creating difficulties if no one knew when forensics were completed.

“What’s the solution? Does Mr Rice sit in prison forever until the government gets its act together?” he said.

Defence lawyer Crawford said in discussions with DPP prior to the court mention, the parties agreed that if the matter was listed for hearing, the required DNA testing in this case may “jump the queue”.

He said his client was not at risk of serving too much time in prison at this stage and he has an outstanding drug trafficking charge still in the magistrates court.

Justice Crow listed Mr Rice’s drug possession charge for trial starting January 30, with a pre-trial mention on December 18.

“It might place the Crown under some pressure, but then (DPP) can place the government’s forensic services under some pressure and perhaps we’ll get something done,” he said.