Qld DNA testing inquiry: Scientist Justin Howes’ damning admission

A team leader of Queensland’s embattled DNA lab has conceded he ‘completely failed’ in his duty when he ignored warnings about how their testing system was misleading courts.

A team leader of Queensland’s embattled DNA lab has conceded he ‘completely failed’ in his duty when he ignored warnings from staff that their testing system was misleading courts and failing the community.

Queensland Health Forensic and Scientific Services scientist Justin Howes also acknowledged he did nothing when a colleague “misled” police in an effort to “discourage” them from changing the controversial system.

Mr Howes made the admissions before the Commission of Inquiry into Forensic DNA Testing in Queensland which is probing the state lab’s failure to test thousands of samples below a certain threshold.

There are fears thousands of criminal investigations may have been impacted by the testing failure, with scientists wrongly reporting “insufficient DNA” or “no DNA detected”.

The commission heard Mr Howes was included in an email from scientist Alicia Quartermain in March 2019 in which she warned that many of the excluded samples under the system had been shown to produce usable DNA profiles.

Scientist Justin Howes arrives at Brisbane Magistrates Court on Wednesday. Picture: Zak Simmonds

She urged management to reconsider the testing threshold, saying: “Our customers are not just QPS (police), but the courts, the complainants, the defendants and the general community.”

Ms Quartermain said she feared reporting “DNA insufficient” was misleading the courts.

“We aren’t serving the community or doing our best work if we don’t make a change or at least have a team discussion here,” she wrote.

Counsel assisting Michael Hodge KC probed Mr Howes about what he did about Ms Quartermain’s concerns.

“I don’t think that any of us did any data mining or anything with this,” Mr Howes said.

“Isn’t the answer to my question ‘no I did nothing about it’?,” Mr Hodge asked.

“I think in simple terms, yes,” Mr Howes said.

Asked whether he thought his lack of action was a failure in his duty, Mr Howes said: “I think with everything that’s happened since then and the interim report from the commissioner yeah I certainly would take my part in that, yeah, it’s regrettable.”

“No I need you to answer my question. Do you agree with me that it is a complete failure of your duty and responsibility in the position you held?,” Mr Hodge asked.

“I think at this stage with the benefit of hindsight and the information that I’ve been privy to I’d agree with you,” Mr Howes said.

Scientist Alicia Quartermain. Picture: NCA NewsWire / John Gass

The inquiry before commissioner Walter Sofronoff KC heard evidence Mr Howes was also included in emails between lab boss Cathie Allen and police who were raising concerns about the testing regime.

Mr Hodge put to Mr Howes that in the email exchanges, Ms Allen had misled police about safeguards being in place and tried to discourage them from seeking to change the system by claiming it would mean samples would be exhausted and unable to be retested.

Asked about whether he thought Ms Allen was “consistently truthful” with people, Mr Howes said: “I think that she is”.

“Well can you explain how it could be that something like this which you know is untrue could be sent to police?,” Mr Hodge asked.

“Look, in reading that I think she just got the details wrong.”

Mr Howes reiterated that he thought Ms Allen must have simply “misunderstood the process”.

“Well you understood the process so did you tell her well no Ms Allen that’s just wrong?,” Mr Hodge asked.

“I can’t remember if I did.”

Mr Howes said he couldn’t explain why the misleading statements Ms Allen made to police were never corrected.

“When you reflect on your own conduct do you regard it as acceptable that you took no steps to mitigate the risk and stood by as Ms Allen misled police about the existence of risk mitigation steps?,” Mr Hodge asked.

“I think in terms of my conduct here I think I could have raised the enhancement to be able to bring this to the attention through our system so that we would mitigate that risk. I take responsibility as part of the process,” Mr Howes said.

“And what about standing by as Ms Allen misled the police,” Mr Hodge asked.

“So I guess in that situation I should have read the emails a little bit more carefully,” Mr Howes responded.

The inquiry continues.