Palaszczuk government accepts every recommendation from inquiry into Queensland DNA lab

Rapists and other sex ­offenders set free due to catastrophic failings at Queensland’s DNA lab could be brought to justice under ­proposed changes to double jeopardy laws. 

Rapists and other sex ­offenders set free due to catastrophic failings at Queensland’s DNA lab could be brought to justice under ­proposed changes to double jeopardy laws announced as part of major reforms to restore confidence in the state’s justice system.

But a leading law expert has slammed the move as a “smoke and mirrors” distraction, saying broadening the scope of laws that allow people cleared of crimes to be retried if there was new and compelling evidence risked causing “grave injustices”.

Premier Annastacia Palaszczuk, two days after ­receiving the damning findings of an inquiry into the state-run lab, confirmed that the government had accepted all 123 recommendations.

The scathing report by retired Supreme Court justice Walter Sofronoff KC, borne from a $6m commission of ­inquiry, found serious problems had existed within the laboratory for many years, some of them amounting to “grave maladministration involving dishonesty”.

He called for a pipeline of immediate changes and long-term reform, with the state government on Thursday ­announcing $95m in initial funding to back in its full support for the blueprint.

This includes the establishment of Forensic Science Queensland (FSQ), helmed by interim chief executive and leading DNA expert Professor Linzi Wilson-Wilde and an ­independent board from January 2023.

Annastacia Palaszczuk and Yvette D’Ath addressing the media over the DNA inquiry. Picture: NCA NewsWire/Josh Woning

Attorney-General Shannon Fentiman also announced, beyond recommen­dations of the inquiry, that Queensland’s double jeopardy exceptions would be widened, so that people acquitted for other serious offences beyond murder could be retried if new and compelling evidence is found. Early consultation has begun with legal peak bodies, with hopes of introducing legislation before the end of 2023.

Double jeopardy legislation prevents people who have already been acquitted or sentenced and punished from being charged again with the same offence.

Since the introduction of changes to double jeopardy legislation in Queensland in 2007, there has been only one attempt to prosecute a person who had earlier been acquitted of murder – and it failed on the first hurdle.

“We would extend it to ­serious indictable offences … we will consult with legal stakeholders about those offences and look at other jurisdictions,” Ms Fentiman said.

“But certainly sexual assault and rape.”

Leading criminal lawyer Bill Potts was sceptical of the announcement, labelling it a “smoke and mirrors” distraction and said that “pros­ecution or the government can’t benefit simply because of incompetence or bureaucratic failure”.

“I’m not advocating this to say these people should be let loose, I’m simply saying the bedrock principle of our system is justice for all and justice is to be delivered equally and fairly,” Mr Potts said.

“And when you simply give the prosecution a carte blanche to keep going back over and over again that way lies quite frankly a grave form of injustice in itself.”

Mr Sofronoff’s recommendations included sweeping changes to bring DNA procedures into line with best practices and a new organisational structure that involves ultimately housing the forensic science institute under the responsibility of the Attorney-General rather than Health.

Professor Wilson-Wilde, currently the head of forensic services in South Australia, will helm Forensic Science Queensland from January 16. She will be supported by 41 ongoing and about 20 temporary staff.

DNA lab managing scientist Cathie Allen during the commission of inquiry.

A new independent management board will be established too, reporting directly to the health minister and the Attorney-General. It will work alongside a Forensic DNA Science Advisory Sub-Committee, which provides “independent, expert oversight and ensure scientific integrity”.

Other recommendations included reviewing all major crime cases since 2018 where the lab had reported “DNA ­insufficient for further ­processing, or since 2012 if it fell outside QPS-defined “hot jobs, within 12 months to ­determine which cases or samples need to be further tested.

A review of 1800 false witness statements in at least 1260 court cases made since February 2018, when the DNA lab introduced an unprecedented testing threshold, had been completed, Health Minister Ms D’Ath said.

The cases had been split into four priority levels, with half of the 200 statements in the priority stack ­already corrected with the need to go through 6656 DNA samples.

“Of course, this is just the start, there are many thousands of samples once we go through these recommendations that need to be identified,” Ms D’Ath said.

Ms D’Ath confirmed three scientists at the lab had been sent show cause notices on why they should keep their jobs, while two others had been issued please explains.

Lab boss Cathie Allen and team manager Justin Howes had been suspended on full pay since September, while it is understood colleague Paula Brisotto had been stood down this week.

The state government has promised to provide an update on the implementation of Mr Sofronoff’s recommendations in early 2023.

Originally published as Palaszczuk government accepts every recommendation from inquiry into Queensland DNA lab