Huge number of Qld criminal cases in question over DNA bungle

An ‘extraordinary’ number of investigations into Queensland crimes, including rape, murder and armed robbery, are in question after DNA testing incorrectly dismissed evidence.

An “extraordinary amount” of investigations into serious and major crimes in Queensland have now been questioned after an interim report revealed DNA testing incorrectly dismissed evidence into crimes including sexual assault crimes.

The report found forensics at a state-run laboratory incorrectly ignored all DNA samples under a certain threshold, meaning existing evidence in disturbing crimes were dismissed.

Forensic investigators could have tested well below the threshold it applied and had potential to discover a partial match or a full profile in crimes.

Health Minister Yvette D’Ath said some statements that were handed to the court relating to suspected major crimes which stated the samples were insufficient for further testing or that there was no DNA present “were incorrect”.

Health Minister Yvette D’Ath. Picture: Lachie Millard

“They are not accurate statements,” she said. “Because those findings are only as a consequence of not further processing those samples.

“If those samples had gone on to further concentration, as was happening before 2018, and as has been happening since June 2022, there is a likelihood that some will find either partial or full DNA.

“It’s extremely serious and can lead to the potential of miscarriage of justice.”

Every witness statement issued by Queensland Health’s Forensic and Scientific Services since February 2018 which reported the “DNA insufficient for further processing” and samples which included “no DNA detected” will now be re-examined “without delay”, according to the recommendations of the interim findings.

Ms D’Ath said the Queensland government had created a taskforce to identify how many DNA samples would need to undergo testing.

The interim findings from former President of the Court of Appeal, retired judge Walter Sofronoff, said there were four kinds of cases in which the DNA samples may have had a “material effect” on an outcome.

“First, the absence of DNA evidence when it was actually available might have resulted in a line of investigation by police being unnecessarily weakened or abandoned,” the report said.

“Second, a prosecutor might have decided not to commence criminal proceedings or might have decided to discontinue proceedings because of the absence of such evidence when it might have been obtained.

“Also, a prosecutor might be inclined to accept a plea of guilty to a lesser offence because of the absence of such evidence which, if it had been obtained, would have sustained a conviction for a more serious offence.”

Retired judge Walter Sofronoff. File picture

The interim report also revealed the evidence, which was routinely dismissed, “might have weakened the prosecution case significantly”.

“In cases in which ignorance of the truth led to an actual acquittal, the laws of double jeopardy would, in most cases, preclude useful re-examination of the evidence,” according to the report.

“The chance of conviction is forever lost.”

Acting Assistant Commissioner Marcus Hill said the crimes related to the DNA samples included homicide, rape and armed robbery, declaring authorities were unsure how many cases could be implicated.

“It could be 1000, it could be 9000,” he said.

Queensland Police Service on Monday announced it had established a taskforce to identify and review evidentiary samples for additional DNA testing with Queensland Health Forensic and Scientific Services.

Originally published as Huge number of Qld criminal cases in question over DNA bungle