‘Inferior’ rape kit replacement in Queensland still months away

Queensland will continue to use ‘significantly inferior’ equipment to other states when collecting vital DNA evidence from rape victims until the middle of the year.

Queensland will continue to use “significantly inferior” equipment to other states when collecting vital DNA evidence from rape victims until the middle of the year.

Giving an update to parliament on the state‘s troubled DNA laboratory on Wednesday, Health Minister Yvette D’Ath said new rape kits had been trialled but would not be rolled out for another three months.

In Queensland, rape kits used in invasive and often retraumatising medical examinations have wooden stems that could break inside victims, risk DNA contamination and contain about half the number of swabs required.

In June 2022, a women’s safety task force headed by retired judge Margaret McMurdo recommended Queensland cease using “inferior kits” and procure those used in NSW and Victoria “as a matter of urgency”. “Not adhering to the highest standards with respect to DNA contamination risks inferior testing results or even miscarriages of justice,” the report found.

Retired Court of Appeal president Walter Sofronoff, who oversaw a royal ­commission-style inquiry into the DNA lab, made similar recommendations in December. Ms D’Ath said Forensic Services Queensland was undertaking procurement to source the kits after their trial in January. “It is anticipated the new kits will be implemented mid-year,” she said.

During his inquiry, Mr Sofronoff found scientists at the lab had made “untrue” statements to courts, prosecutors and victims of crime since early 2018.

In 1260 statements, scientists had advised courts there was insufficient or no DNA present to test forensic samples when there was.

Ms D’Ath said 564 false statements had been corrected so far and the government had committed $29.5m for further testing and analysis of samples. “Regarding the testing of samples, the Australian Federal Police and Institute of Environmental Science and Research in New Zealand are currently performing testing for FSU in relation to bone analysis and Y-STR testing, and we continue to explore further arrangements with external providers,” she said.

Queensland has no Y-STR testing capability even though the method has been available for more than a decade and used in every other Australian lab for at least the past five years. The method has been “revolutionary” in sexual ­assault investigations. Three senior lab managers – Cathie Allen, Justin Howes and Paula Brisotto – all suspended in the wake of the inquiry remain stood down while their lawyers fight show cause notices issued by Queensland Health last year.

Meanwhile, a Gold Coast man convicted of murdering his estranged wife in a brutal hammer attack in 2017 plans to use the catastrophic failings of the DNA lab to form part of his case for appeal.

Andrew John Cobby claims new forensic testing on the hammer had provided exculpatory evidence which should see his conviction quashed. His case is due to appear in the Court of Appeal on Thursday morning.