DNA evidence to be reviewed in Kayla Maxfield and Dylan Tuckwell-Cvek Kirwan attempted murder trial

DNA evidence to be used in a North Queensland attempted murder trial must be reviewed as part of the inquiry into the testing bungle, a court has heard.

Police examining a vehicle after an alleged drive-by shooting in Kirwan. Picture: Evan Morgan

DNA evidence to be used in an upcoming North Queensland attempted murder trial will need to be reviewed as part of the inquiry into the testing bungle, a court has heard.

Townsville District Court on Wednesday heard that DNA samples to be used in the trial of Kayla Maxfield and Dylan Tuckwell-Cvek must be reviewed as part of the commission of inquiry into DNA testing at the Queensland Health Forensic and Scientific Services (QHFSS) lab.

The issue was raised by Crown Prosecutor Andrew Walklate during a trial review for the matter.

Mr Walklate told Justice Peter Callaghan – who appeared via videolink from Brisbane – that the review would be expedited.

“ … That commission does affect some of the DNA evidence in this case, and the DNA scientist has indicated to me that he will need to review some of the results,” Mr Walklate said.

The alleged drive-by shooting took place on Gould Street, Kirwan. Picture: Evan Morgan

Despite the review, Mr Walklate reassured Justice Callaghan of the scientist’s progress.

“He’s (DNA scientist) been given instruction by the Queensland Police Service who own the samples to do that,” he said.

“We don’t anticipate it will make any difference, but that (review) is being expedited, and I don’t expect it will affect the trial.”

Both Maxfield and Tuckwell-Cvek in October 2021 pleaded not guilty to charges including attempt to murder, arson, dangerous conduct with a weapon, among others.

A police officer examines bullet holes on a garage door at the property: Shae Beplate.

The charges stem over allegations the pair were involved in two drive-by shootings in Kirwan on August 10, 2019.

Maxfield and Tuckwell-Cvek were charged with attempting to murder Shane Robert Alexander after the pair allegedly sprayed bullets at his vehicle on Gould St.

A third man, Leslie Gordon Sharp, is facing a charge of arson – motor vehicle, train, aircraft or vessel over acts which allegedly link him to the offending.

It is alleged Sharp set a Mercedes-Benz alight on the same date as the alleged attempted murder.

Mr Walklate told the court the Crown had a list of conferences with each witness on Thursday and Friday of this week, where he will get the “bulk of submissions” done before the matter's mention next week.

The trial is expected to run for two weeks.

Originally published as DNA evidence to be reviewed in Kayla Maxfield and Dylan Tuckwell-Cvek Kirwan attempted murder trial