Retest DNA ‘only if victims say so’

DNA samples from Queensland’s scandal-ridden forensics lab should only be retested with the consent of individual victims of rape and sexual assault, the state’s leading women’s legal service says.

Walter Sofronoff KC. Picture: Jack Tran

DNA samples from Queensland’s scandal-ridden forensics lab should be retested only with the consent of individual victims of rape and sexual assault, the state’s leading women’s legal service says.

Thousands of cases could be reopened and DNA samples from murders and rapes retested after a public inquiry found scientists at Queensland’s state-owned forensics laboratory had been making “untrue” statements to courts, prosecutors and victims since 2018.

Inquiry commissioner Walter Sofronoff KC, the recently retired Court of Appeal president, ­ordered lab staff to immediately start compiling a list of samples tested since February 2018 that had originally been deemed as having insufficient DNA or non-existent DNA. The list will be sent to police within a fortnight, and a police taskforce will determine which should be retested first.

The lab has also been ordered to correct the “untrue” statements as soon as possible.

Women’s Legal Service Queensland’s Julie Sarkozi said retesting should occur only with the express consent of a victim-survivor. She said while some of the service’s clients would be feeling vindicated at Mr Sofronoff’s interim findings, others would be feeling traumatised and fearful.

“It could be distressing, damaging and retraumatising if (their case) was re-entered into the criminal justice system without the consent of the victim, or against their consent,” she said.

“There is an emotional cost and a psychological toll that should only be embarked upon by people who say ‘yes, we’re strong enough to go through that’.”

Ms Sarkozi said the lab debacle needed to be dealt with as a failure of a system that was weighted against victims in many ways, sparking the need for an independent victims’ commissioner to review and respond to inadequacies in real time.

She said South Australia and the ACT already had victims’ commissioners.

A Queensland police spokeswoman said issues about the retesting of DNA samples were still being worked through.

Health Minister Yvette D’Ath said the government would ­arrange for “further analysis of all relevant samples to ensure confidence in the administration of justice in Queensland” to help identify whether any partial or full DNA could be detected.

The results of the audit will be sent to police, who have set up a hotline for victims.

“Where cases are re-examined, police will contact interested parties including victims of crime and their families,” Ms D’Ath said.

Angela Lynch, head of the Queensland Sexual Assault Network, said the sector was bracing to be inundated with inquiries and calls for support from survivors.

She said the sector was already overwhelmed and underfunded, and called for an immediate increase in resources so victims could be properly supported. “We have to hold them and help them through this. The victims are victims not only of a violent crime but of a complete and utter systemic failure,” Ms Lynch said.

Queensland Sexual Assault Network head Angela Lynch. Picture: Steve Pohlner

LNP spokeswoman for the prevention of domestic, family and sexual violence Amanda Camm said the rights of victims had to be weighed against the public interest of apprehending perpetrators still walking free. “The interim inquiry has looked through the criminal justice lens but it hasn’t considered a trauma-informed approach about how best to achieve justice,” she said.

“It’s one thing to go through retesting … but the human side to that, are those victims wanting that to happen? It’s unclear then what that process will be, will that case be reopened?”

A Department of Justice and Attorney-General spokeswoman said it anticipated there would be an increased call on victim support and sexual assault services.