Qld DNA review: World renowned expert’s scathing review of testing policy

A DNA expert who worked for the FBI for nearly 30 years has appeared via videolink at a Commission of Inquiry into Queensland DNA testing.

An internationally renowned DNA expert who worked for the FBI for nearly 30 years has told a Commission of Inquiry that Queensland’s state-run laboratory did not give police enough information when they persuaded investigators to adopt a new testing regime.

The Commission of Inquiry into Forensic DNA Testing in Queensland is examining a decision made in 2018 by Queensland Health Forensic Scientific Services to adopt an unusually high testing threshold, leading to thousands of pieces of evidence in murder and rape cases being dismissed.

DNA expert Bruce Budowle.

DNA expert Dr Bruce Budowle appeared on videolink from the United States, where he worked for decades for the FBI before directing the Texas-based Centre for Human Identification.

Dr Budowle was asked whether he would have implemented “option one” or “option two” - the options given to police when the laboratory wanted to increase its testing threshold.

Members of the Queensland Police Service have previously told the inquiry they were convinced to take “option two” after they were told there was a very limited chance of obtaining a result below the recommended new threshold.

“I would have said go back and do it again,” Dr Budowle told the inquiry.

“You haven’t given me sufficient information and detailed information to affect a decision.”

Michael Lok told the inquiry he was the general manager of community and scientific services for Queensland Health from October 2017 to June 2021.

He said that included having oversight of the management and operations of the various laboratories.

Mr Lok said he was aware there was a backlog in forensic testing but he was told staff were doing overtime and prioritising cases that were before the courts.

He said Queensland Police Service paid the lab $3 million per year “for as many samples as they could have processed”.

He said that budget related to “volume crime”, like break and enters.

Mr Lok said he was not told about a document called the “options paper” which was presented to police to convince them to increase the testing threshold - resulting in less work for the laboratory.

Asked if he expected a document like that would be brought to his attention, Mr Lok said: “Yes I would.”

He said had he known that some staff in the lab had expressed concerns about the new threshold, it would have “required us to take a step back and reassess … before we took it any further.”

Mr Lok said given he was briefed on testing backlogs, “to then not have a conversation about the solution of that problem, I find it unusual”.

Michael Walsh, who was the director general of Queensland Health from July 2015 to September 2019, told the inquiry he also had not been made aware of the existence of the options paper.

He said he would not expect to have been made aware of the situation but that the general manager should have been informed.