DNA testing delays leaving serial offenders out on the street, experts say

A major delay in the testing of DNA crime samples could allow criminals to keep on offending, a former detective turned academic claims.

A major delay in the testing of DNA crime samples could allow criminals to keep on offending, a former detective turned academic claims.

Revelations that there is a 10,000-case backlog in testing at the state’s DNA lab could have compounding effects on the state’s criminal justice system.

Bond University’s Associate Professor Dr Terry Goldsworthy said it could also extend to those outside the system.

“If you’ve got a DNA testing backlog and you’ve got a serial offender, then that means they may well continue to offend when they could have been identified at a much earlier stage,” Dr Goldsworthy said.

“You’ve got the matters that are live in court and then you’ve got the other side of the fence where you’ve got samples that are relevant to matters where no one’s been charged.”

Dr Goldsworthy said there was a whole range of flow on effects, both for people accused of crimes and victims.

“Justice delayed is justice denied. You’ve got people incarcerated waiting for DNA processes to be done and you’ve got victims of crime who are also waiting,” he said.

“The courts are loath to have these things held up because of DNA problems.”

Criminologist Dr Terry Goldsworth. Picture: NIGEL HALLETT

To fix the issue will be problematic, he said.

“It comes down to a resource issue, where are they going to resource the extra capacity to move through these because crime is still occurring. It doesn’t stop just because they’ve got a backlog so it’s going to be really problematic for them.”

Potts Lawyers director and former Law Society president Bill Potts said the DNA scientists were working hard to shorten the backlog but there was still significant concerns within the justice system.

“It means sometimes people who are in custody who are presumed to be innocent of the offences having to wait in custody whilst the testing is done,” he said.

“It also means the trials are delayed altogether. It’s a significant problem for the justice system.”

Queensland Law Society vice president Rebecca Fogerty said the delay would have a “compounding” effect.

The major backlog was revealed by Deputy Chief Magistrate Anthony Gett on Monday during a mention of a case involving an alleged violent brawl of up to 40 people at the Brisbane Sikh Temple.

“The delays in testing forensic evidence could also have a compounding impact in that it will make the way in which matters proceed through the criminal justice system more complex, because of the longer amount of time it takes to get evidence, review evidence and to interrogate that evidence,” she said.

“Delay is one of those things that can have a big impact on evidence in a number of respects.

“It could mean that witnesses don’t remember, more witnesses don’t want to be involved in the system anymore. It can impact the experience of the victim. And it also means that there is a loss potentially of the ability to test or interrogate evidence both from the defence perspective, and the prosecution perspective.”