Handling of Shandee Blackburn DNA evidence to be examined

An independent inquiry into forensic DNA testing in Queensland will examine the handling of DNA evidence in the horrific murder of Shandee Blackburn.

An independent Commission of Inquiry into Forensic DNA Testing in Queensland has been asked to examine the handling of DNA evidence in relation to the murder investigation of Shandee Blackburn.

Shandee suffered more than 20 stab and slash wounds as she walked home from her shift in Mackay on February 9, 2013.

Her former boyfriend, John Peros, was charged with her murder but was acquitted at trial in 2017. There was no DNA evidence that linked Peros, who maintains his innocence, to Shandee’s death.

John Peros with Shandee Blackburn. Peros was acquitted of Shandees murder in 2017. He maintains his innocence.

Counsel Assisting the Commission, Michael Hodge QC, said on Friday work by investigating journalist Hedley Thomas, from The Australian, with the assistance of forensic scientist Dr Kirsty Wright, had raised questions about the lab results in relation to the murder investigation.

“Now, those questions may or may not give rise to a reason to doubt the accuracy of the results from DNA testing in that case or the adequacy of the process and processes that were in place in 2013 but we identified this as a topic we are investigating,” Mr Hodge said at this morning’s directions hearing.

“It may regrettably be the case that given the passage of time, it is no longer possible to either confirm or dispel all of the suspicions that had been raised about the DNA testing in 2013.”

Hedley’s podcast Shandee’s Story earlier this year prompted the coroner to reopen the coronial investigation into her death.

Mr Hodge said the DNA inquiry would have to be mindful not to overlap.

The inquiry, headed by the former President of the Court of Appeal, retired judge Walter Sofronoff, was announced by Premier Annastacia Palaszczuk in June.

The inquiry will also examine whether the systems and processes in place for DNA testing conducted by Forensic and Scientific Services are reliable and whether testing adheres to contemporary best practice.

In Queensland DNA testing for criminal investigations is carried out by the forensic and scientific service exploratory which is part of Queensland Health.

Ms Palaszczuk called the inquiry after Queensland police raised issues over the thresholds of DNA testing.

The threshold was adopted in 2018 and it meant that DNA samples with low levels of DNA were not further tested by the lab unless specifically requested by police or a forensic scientist at the lab.

Shandee Blackburn.

Mr Hodge said these DNA samples were not routinely retested even in cases involving homicide and sexual assault.

However police later reported that the overall success rate of obtaining a usable profile when they requested retesting of the low level DNA samples was 66 per cent in sexual assault cases.

“Unsurprisingly, this led to public concern about the thresholds used at the laboratory,” Mr Hodge said.

Ms Palaszczuk announced in June that the threshold would be scrapped.

However Mr Hodge said the lab did not return to its pre-2018 process until last week.

Public hearings are expected to begin on September 26.