Queensland DNA Lab: Wife killer Andrew Cobby gets fresh forensic testing on hammer

Andrew John Cobby intends to use the catastrophic failings of Queensland’s DNA laboratory to form part of his case for appeal.

New DNA testing is under way on a hammer used to kill Gold Coast mother Kym Cobby as part of her husband’s appeal against his murder conviction.

Andrew John Cobby was convicted in 2021 of murdering his wife, who was repeatedly struck on the head with a hammer then strangled outside her home in the Gold Coast hinterland in 2017.

Cobby admitted to visiting his wife’s home on the night of the murder but claimed they were both set upon by another, ­unknown male attacker.

He now intends to use the catastrophic failings of Queensland’s DNA laboratory to form part of his case for appeal.

Doubt has been cast over thousands of criminal cases in Queensland after a royal commission-style inquiry uncovered flawed practices in the health ­department’s forensics lab dating back a decade.

Former Court of Appeal president Walter Sofronoff, who oversaw the public inquiry, found testing problems would have more likely resulted in cases never making it to trial rather than wrongful ­convictions.

Cobby, who is representing himself, appeared before Court of Appeal president Debra ­Mullins on Thursday morning via video link from Wolston ­Correctional Centre.

Police photos from the Cobby crime scene, including the hammer Andrew Cobby used to attack Kym Cobby.

Justice Mullins granted the crown’s application to have the hammer returned for further DNA testing and the prosecutor, Philip McCarthy, said Queensland’s forensics lab was prioritising retesting, with a report due to be finalised in the first week of May.

“What has transpired as a ­result of the (DNA) inquiry is that there’s been a purchase of equipment, more sensitive equipment, particularly in the software,” Mr McCarthy said.

He said new software would be helpful in complex mixed-person profiles and would “assist the DNA expert having a more refined position”.

The court heard Cobby’s ­initial appeal application had been altered and he would no longer pursue one of the original grounds about misdirection of the jury.

Justice Mullins said Cobby’s appeal was now framed around “fresh evidence pertained to forensic evidence provided by (a) Queensland Health Forensic Services” report on December 14 last year.

“It just strikes me that now the hammer is going to undergo further forensic testing, there will be another forensic report prepared that may affect how Mr Cobby wants to proceed,” Justice Mullins said.

“The long and short of it, it’s probably good that (you’ve) given the respondent notice to where you’re heading with amendment grounds, but I’m letting you know that I expect you may expect to wish to amend them further once you’ve got further information.”

Cobby’s appeal is expected to be heard in the second half of the year.