Double jeopardy jettisoned in DNA lab overhaul

People acquitted of rape will face retrial if new DNA evidence is uncovered during the testing of thousands of crime samples shelved during the lab disaster.

Attorney-General Shannon Fentiman says consultation has begun to extend double jeopardy exceptions to serious ­offences such as rape and assault. Picture: Josh Woning

People acquitted of rape in Queensland will face retrial if new DNA evidence is uncovered during the testing of thousands of crime scene samples shelved during the state’s forensics lab disaster.

An overhaul of double jeopardy laws was unveiled on Thursday as part of the state’s $95m response to damning findings from a public inquiry into failures and cover-ups at the ­forensics lab, first exposed by The Australian.

Former judge Walter Sofronoff delivered his scathing final ­report this week. It found dodgy lab practices had compromised cases, opening the door for new charges, appeals and retrials. Under current Queensland law only people acquitted of murder can be retried if “fresh and compelling” evidence is found.

Attorney-General Shannon Fentiman on Thursday ­announced consultation had begun to extend double jeopardy exceptions to other serious ­offences such as rape and assault.

“Queensland has some of the narrowest double jeopardy ­exception laws,” she said. “Next year I will be bringing forward a proposal to bring Queensland into line with other jurisdictions

“I have already begun consultation and I hope to have a bill before the parliament next year.”

A testing threshold, introduced by the Health Department’s lab in 2018, meant crime scene samples with low levels of DNA were mothballed even though they could help identify offenders.

Mr Sofronoff said there were many samples that had not been tested but ought to be. “For ­victims of crime who may have been told that there’s not enough DNA, or that the DNA didn’t come up for proof, there’ll be ­decisions made about testing samples in some of those cases,” he said.

Appalling failings of the lab were exposed by The Australian’s podcast Shandee’s Story and investigated during six weeks of public hearings at a $6m royal commission-style inquiry.

“Then, in due course, upon those samples having been ­tested, contact will be made and the thing will be taken further. It will be a long process.”

More than 6600 shelved samples have already been identified as “high priority” for testing, but Health Minister Yvette D’Ath said “this is just the start”.

“There are many thousands of samples, once we go through these recommendations, that will need to be identified,” she said.

Premier Annastacia Palaszczuk pledged $95m to implement all of Mr Sofronoff’s 123 recommendations after she convened an urgent meeting of the cabinet budget review committee on Thursday morning.

“We want to ensure transparency and restore confidence in forensic DNA testing in this state,” she said. “Our immediate action includes establishing a new independent interim body, Forensic Science Queensland.”

The body will provide “independent, expert oversight and ­ensure scientific integrity”.

Internationally renowned DNA scientist Linzi Wilson-Wilde, an expert witness during the inquiry, has been appointed as its CEO and will start work in January.

“The board will report jointly and directly to the Health Minister and Attorney-General, so as to make it clear this service is a fundamental part of our justice system,” Ms Palaszczuk said

Professor Wilson-Wilde, who is currently head of forensic services in South Australia, will be supported by 40 staff to help restore confidence in DNA testing.

Suspended lab manager ­Cathie Allen, along with her deputies, Justin Howes and Paula Brisotto, have been issued show-cause notices by Queensland Health. They will have three weeks to “show cause” as to why they should not be sacked after they were found by Mr Sofronoff to be behind the disastrous DNA testing threshold.

Ms D’Ath said two other staff, understood to be in executive roles, had been issued less serious “please explain letters”.

“What this report shows … is that there are cultural issues across Queensland Health,” Ms D’Ath said. “It is very concerning that, not only are staff not willing to speak up, but staff are scared to speak up in some areas of Queensland Health.

“This culture has to change and there has to be mechanisms where if middle or senior leadership are not (listening) or are sweeping issues under the carpet that they can be escalated.”

At least seven scientists in the lab, including Ingrid Moeller, Kylie Rika and Alicia Quartermain, tried to sound the alarm on disturbing testing practices but were dismissed by superiors.

Some also had public interest disclosure applications knocked back.

Amanda Reeves, a long-serving and respected scientist in the lab, was pushed out of her job after raising fears that something was going catastrophically wrong with sperm testing.

A separate review of the state’s whistleblower laws is expected to be completed in April.