Attorney-General Deb Frecklington orders independent review of Forensic Science Queensland

A magistrate is “shocked” by new police revelations about the backlog in DNA testing and its impacts on the Queensland justice system.

Attorney-General Deb Frecklington says the backlog in DNA testing is unacceptable, announcing that she has “initiated an independent review into Forensic Science Queensland”. Picture: File Photo

A North Queensland Magistrate says she is “shocked” by police revelations that the government DNA testing process is now so backlogged that it can’t even provide an estimated time for when results will be ready.

“Shocking, it’s shocking isn’t it,” Magistrate Cathy McLennan said in the Ingham Magistrates Court on Thursday during mention of an alleged sexual assault case from mid-2023.

Magistrate McLennan was addressing defence lawyer Michael Spearman of Townsville-based Resolute Legal who was appearing by telephone on behalf of an Ingham client.

“I’m told when we were trying to call you before, the prosecutor indicated that these allegations of sexual assault are from July 6, 2023 (and) the brief (of evidence) was ordered in September 2023,” she said.

“It’s not back now and we don’t know when it’s going to be back apparently.”

Mr Spearman, the law firm’s principal lawyer, said the situation had left him near speechless.

“I find it extraordinary, I don’t know what to say.”

A 21-year-old Ingham man outside the Ingham Magistrates Court. The man is still facing two counts of alleged sexual assault in relation to an incident on July 6, 2023. Despite defence lawyer Michael Spearman of Townsville-based Resolute Legal requesting the brief of evidence in September last year, the DNA testing still remains outstanding. Picture: Cameron Bates

Police prosecutor Senior Constable Michael Wilkie had said in court previously that forensics had been offering an estimated time of when DNA test results would be available but that was now no longer the case.

“From my understanding, forensics would offer an estimated time (but) that was clogging up and months and months later and it got to the point where they are not offering an estimated time anymore,” he said.

“It is my understanding that they are now offering some kind of preliminary certificate as opposed to an estimated time … I believe it is just being rolled out just to try and give some guidance to investigators in relation to the delays.

“Investigators trying to get DNA are being knocked back ... it’s so backlogged that they can’t get an estimated time.”

Attorney-General Deb Frecklington in Parliament on Thursday. The Crisafulli Government has appointed forensic biologist Dr Kirsty Wright to undertake a review of Queensland’s DNA testing operations. Picture: Supplied

Responsibility for DNA testing falls with Forensic Science Queensland, which is now under the banner of the Department of Justice.

A spokesperson for Attorney-General Deb Frecklington, the minister for justice and minister for integrity, said she had discussed the issues with judges and magistrates when she visited Townsville the week after she was sworn in.

“The delays and backlogs to DNA testing caused by Labor’s DNA debacle are unacceptable, which is why the Attorney-General initiated an independent review into Forensic Science Queensland in her very first week,” the spokesperson said.

“The Attorney-General continues to monitor the situation and is committed to delivering faster justice for Queensland victims of crime.”

Queensland Police Service were also contacted for comment.

Originally published as Attorney-General Deb Frecklington orders independent review of Forensic Science Queensland