DNA inquiry: Senior police officer Troy O’Malley was partner of forensic scientist Cathie Allen

A senior police officer whose advice contributed to a disastrous new DNA testing threshold in Queensland has been the long-term partner of the managing scientist who proposed it.

Then acting inspector Troy O’Malley was one of only three police officers that the state’s top forensic scientist, Cathie Allen, emailed with a now-infamous options paper. Picture: LinkedIn

A senior police officer whose advice contributed to the introduction of a disastrous new DNA testing threshold in Queensland has been the long-term partner of the managing scientist who proposed it.

Then acting inspector Troy O’Malley was one of only three police officers that the state’s top forensic scientist, Cathie Allen, emailed with a now-infamous options paper that resulted in thousands of samples from major crimes going untested over more than four years.

A $6m inquiry into the lab, launched as a result of The Australian’s podcast Shandee’s Story, has been told Mr O’Malley’s advice was pivotal in the threshold being approved.

Mr O’Malley, who now works in the private sector, did not respond to questions from The Australian last week about whether his relationship with Ms Allen created a conflict of interest when he provided advice on the threshold.

Cathie Allen.

Ms Allen emailed the options paper to Superintendent Dale Frieberg, Acting Inspector Ewen Taylor, Mr O’Malley and Health Department executive Paul Csoban on January 30, 2018, the inquiry has been told.

“I‘d like to discuss this on Friday with you,” the email stated.

Mr O’Malley then attended a meeting with Ms Allen, Superintendent Frieberg, Inspector Taylor and Mr Csoban in which the options paper was discussed on February 2, 2018.

Superintendent Frieberg gave the green light that day for the lab to stop processing samples estimated to have low levels of DNA.

In an email, the superintendent thanked Mr O’Malley and Inspector Taylor for their assistance, expertise and advice.

Superintendent Frieberg told inquiry Commissioner Walter Sofronoff KC that she did not have a scientific background and did not understand the document.

Mr Sofronoff: “So the position is that something was being proposed by Ms Allen and you were relying upon the independence and impartiality of Troy O‘Malley and Ewen Taylor in giving you advice about the wisdom or unwisdom of what was proposed. Is that right?”

Superintendent Frieberg: “That is correct, Commissioner. And I guess as part of my role as a superintendent and, you know, in any government department, it‘s about relationships and it’s about trust. We pay $3m a year to Queensland Health to provide us with expert advice. So the options paper has come from people who are experts, and I trusted that advice.”

Mr Sofronoff: “And you trusted the advice that you got from – was it Inspector O‘Malley?”

Superintendent Frieberg: “Yes, I did.”

Mr Sofronoff: “And Inspector Taylor?”

Superintendent Frieberg: “Yes, I did.”

Ms Allen and team manager Justin Howes are now accused of deliberately misleading police about the impact of the change in a bid to cut the lab’s workload. Both were stood down following a damning interim report by Mr Sofronoff that found the lab misled judges, prosecutors, defence lawyers and victims for more than four years with “untrue” witness statements claiming samples had “DNA insufficient for further processing” or “No DNA detected”.

Scientists have told The Australian they believe Ms Allen’s relationship with Mr O’Malley may also have shielded her from being adequately challenged by senior police about problems in the lab.

Mr O’Malley designed and developed the Forensic Register, a powerful and sophisticated piece of software that has become essential to the management of DNA in the lab and other labs around the country.

He is now a managing director at BDNA, the firm that purchased the Forensic Register from Queensland police last year.

BDNA chief executive Ryan Sheppard said last week all questions for Mr O’Malley had to go through him. “The questions relate to Mr O‘Malley while he was employed by the QPS. We suggest that you refer these to the QPS,” the firm later replied.