Acquitted rapists face retrial under new Qld laws

DNA samples affected by failures at the forensics laboratory could be considered ‘fresh’ if new evidence is found during retesting.

Shandee Blackburn. Picture: Michaela Harlow / Daily Mercury

Acquitted rapists and pedophiles will be able to be retried if evidence is found during the retesting of thousands of forensic samples that were ignored or bungled by the Queensland government-run DNA laboratory.

Laws extending Queensland’s double jeopardy exemptions were passed by state parliament on Wednesday, stipulating that DNA samples affected by failures at the forensics laboratory could be considered “fresh” if new evidence is found during retesting.

The law changes would also allow the former boyfriend of murder victim Shandee Blackburn, John Peros, to face a retrial if he were implicated in retesting of DNA samples in her case.

Under previous double jeopardy laws, only people acquitted of murder could be retried, and only if there was “fresh and compelling” evidence.

More than 100,000 forensic samples from 37,000 criminal cases, dating back to 2007, are being considered for retesting after catastrophic problems at the lab were uncovered by The Australian’s podcast series Shandee’s Story, and confirmed by a major public inquiry.

The law changes were part of a suite of domestic and sexual violence reforms passed on Wednesday, which also criminalise coercive control and overhaul consent laws.

The brutal murders of Brisbane mother Hannah Clarke and her three children – Aaliyah, Laianah and Trey – triggered a national push to outlaw coercive control, with similar laws in NSW due to come into effect in July.

Sue and Lloyd Clarke, parents of murdered woman Hannah Clarke. Picture: Dan Peled / NCA NewsWire

Coercive control is a pattern of domestic violence identified as a “red flag for murder” that can include controlling a victim’s money, appearance, movement and contact with family.

Clarke’s parents, Lloyd and Sue, urged other Australian jurisdictions to follow the lead of Queensland and NSW and introduce legislation, saying women should have the same protections in all states. “We also know Tasmania is on the move and I think South Australia is not far away, but really need Victoria to get on board,” Mr Clarke said.

“They think they don’t need to have stand-alone laws … but we need the whole of Australia to get on board.”

The Clarkes watched on from Queensland parliament’s gallery as laws were passed on Wednesday, alongside the family of domestic violence murder victim Allison Baden-Clay.

Vanessa Fowler, the sister of Baden-Clay and co-chair of the state’s DV prevention council, agreed that consistent laws were needed across states.

“It’s important the community is aware that violence is not always visible, you don’t have to hit to hurt,” she said.

Queensland’s consent laws now require partners to give ­proactive consent – a “yes”, a nod or the reciprocal removal of clothes – before having sex.

Affirmative consent laws aim to shift the onus from victims on to a person accused of sexual assault to prove they obtained consent, but legal groups in Queensland have raised concerns that the legislation could criminalise married couples having spontaneous sex and be misused in messy ­divorce cases.

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