Blind faith in rape evidence slammed

SERIOUS failings within Victorian police, prosecutors and forensic services in viewing DNA evidence as having almost "mystical infallibility" led to the wrongful conviction and jailing of a 22-year-old man for a rape that did not occur.

SERIOUS failings within Victorian police, prosecutors and forensic services in viewing DNA evidence as having almost "mystical infallibility" led to the wrongful conviction and jailing of a 22-year-old man for a rape that did not occur.

In a scathing independent review of the "disastrous" case of Farah Jama, former Supreme Court judge Frank Vincent found a miscarriage of justice had occurred when the DNA evidence that prosecutors used solely to convict the Sudanese man was contaminated and forensic procedures did not adhere to national standards.

He also found that "warning bells" about the lack of evidence in the case were overlooked by police investigators and prosecutors because they were so blinded by the DNA evidence.

"In this present case, the obviously unreserved acceptance of the reliability of DNA evidence appears to have so confined thought that it enabled all involved to leap over a veritable mountain of improbabilities and unexplained aspects that . . . could be seen to block the path to conviction," Mr Vincent wrote.

Mr Jama spent 15 months in jail after a sample of his DNA contaminated one taken from a 48-year-old woman believed to have been raped at an over-28s nightclub in Melbourne's southeastern suburbs.

The 22-year-old was not seen by any witnesses in the nightclub or in the area, the alleged rape victim had no memory of the sexual assault and Mr Jama had an alibi for the night of the incident. Despite this, police went ahead with the prosecution and a jury found Mr Jama guilty.

"It is almost incredible that, in consequence of a minute particle . . . by some mechanism settling on a swab, slide or trolley surface, a chain of events could be started that culminated in the conviction of an individual for a crime that had never been committed by him or anyone else," Mr Vincent wrote.

Mr Vincent recommended that police and prosecutors be trained on the limitations of DNA evidence, that procedures at the Victorian Institute of Forensic Medicine be improved, and that sealed sexual examination kits be used.

The Victorian government has adopted all the recommendations in the report.