At long last: another shot at justice for Shandee Blackburn family
Queensland government bows to pressure and moves to reopen the inquest into Shandee Blackburn’s murder.
Vicki Blackburn has another shot at justice for her daughter, Shandee, after the Queensland government bowed to pressure and moved to reopen the inquest into her savage 2013 murder.
The decision paves the way for a new laboratory to retest forensic evidence that could identify Shandee’s killer.
“Oh my God, finally. Oh, wow,” Vicki told The Australian’s Hedley Thomas on hearing the news.
“This is huge. Thank you – and thank Kirsty. This is awesome.”
She added that a full and separate inquiry was still needed into the state’s forensics laboratory to ensure justice was served in other cases.
Thomas and one of Australia’s most respected forensic scientists, Kirsty Wright, laid out the serious errors and problems in the government-run laboratory’s handling of forensic evidence in the case in ongoing investigative podcast series Shandee’s Story.
Concern has since been spiralling among scientific and legal experts and victims of crime that systemic failures in the Queensland Health Forensic and Scientific Services lab could be affecting many hundreds of other cases.
After two weeks of stonewalling from the department and virtual silence from the state’s political leaders, the Palaszczuk government had a change of heart on Thursday.
Health Minister Yvette D’Ath in parliament said she had written to state Attorney-General Shannon Fentiman on Thursday morning asking for the case to be reopened. “In relation to the Shandee Blackburn case, based on the claims made regarding forensic evidence and whether such evidence could lead to new findings, I believe there is sufficient public interest and questions to be addressed to warrant me writing to the Attorney-General to consider requesting the coroner to reopen the matter.”
By the afternoon, Ms Fentiman had confirmed she would write to Central Coroner David O’Connell to ask him to consider reopening the inquest.
While welcoming the move, Blackburn’s family joined legal and scientific experts in calling for a full and separate inquiry into the lab’s operations.
“It’s good to see common sense has finally prevailed,” Vicki Blackburn said. “This is the first step. The next step is the public inquiry. This is helpful to us for Shandee, but it’s not going to address the long-term issues.
“We don’t want Shandee’s case to be sorted out and then just let the lab continue to do what it wants. I’m happy to keep on fighting.”
Dr Wright said she was happy to assist the coroner in any way she could. “All samples should be retested for the case, and the testing strategy should be informed by independent experts,” she said.
Blackburn family lawyer Kristy Bell said the coroner had the power to order the retesting of evidence – a key priority of Blackburn’s mother and sister, Shannah.
The coroner could also request through police that scientists provide witness statements, or call them to give evidence if he wished.
A reopened inquest would not look at additional cases, and would likely have a limited ability to deal with systemic issues, Ms Bell said. “If the inquest is reopened, I don’t know what the implications will be until the testing comes back – that is going to be the big question,” she said.
“If there is evidence to suggest that the results of DNA analysis in other matters may have been affected, I would have thought the coroner could make recommendations about the consequences of that.”
The Coroners Act 2003 states: “The coroner may make, or arrange for, any examination, inspection, report or test that the coroner considers is necessary for the investigation.”
Former Queensland Law Society president Bill Potts said: “It’s excellent news that the government has listened to the serious criticisms that have been expressed by legal experts and scientific experts (but) reopening an inquest is but one step.”
Only “a root and branch review” of the lab’s operations and resources could ensure there was faith in forensic evidence, he said.
“I’m not in any way impugning the individual scientists,” Mr Potts said. “They do a very difficult job under extremely difficult circumstances, and are often overwhelmed by the sheer volume of requests made to them.”
Opposition police spokesman Dale Last, who has been calling for a public inquiry since last week, said the state government must go further. “The Premier has been dragged kicking and screaming in the face of damning evidence from forensic experts, and calls from the opposition, to reopen this case,” he said.
“How many other cases are out there because of the failings of this state-run forensics lab?
“The state government must launch an independent investigation into the forensics lab to give Queenslanders the confidence they need in the criminal justice system.”
Forensic scientist Angela van Daal this week called for an inquiry involving international experts, raising her concerns about the lab’s handling of cases dating back almost two decades.
Blackburn was stabbed to death walking home from work in Mackay. Mr O’Connell, the Mackay-based coroner, last year delivered findings that the 23-year-old was killed by her former boyfriend, John Peros, but he did not find the fresh and compelling evidence required to charge Mr Peros with murder under the state’s double jeopardy laws. A jury had acquitted Mr Peros of the murder in 2017.
He denies any involvement.
Ms Fentiman said: “The Health Minister has been very clear that these are specific allegations from back in 2013 on this particular case. Now this evidence has come to light, we can ask the coroner to consider reopening. I am advised there are a lot of checks and balances in the forensic system, including everything that goes to court is peer-reviewed, there is quality assurance, there are many checks and balances.”
It came a day after Bruce Morcombe, the father of murdered schoolboy Daniel Morcombe, appealed to the government to order a review of the forensic evidence, saying “only good things can come from it”.
The Queensland Homicide Victims’ Support Group has also called for an inquiry.
Episode 10 of Shandee’s Story is now available to subscribers. Anyone with information about the murder of Shandee Blackburn can contact Hedley Thomas confidentially at shandee@theaustralian.com.au
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