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Lab staff stood down after damning inquiry findings

Senior staff members at Queensland’s state-run DNA testing laboratory have been stood down as fallout continues after damning interim findings from a report into its practices.

Murder, rape trials could be reheard after 'suspect practices' at forensics lab

Two senior employees in the forensic unit of the Queensland Government-run DNA testing laboratory have been stood down immediately, pending the outcome of an inquiry into its testing practises.

Premier Annastacia Palaszczuk said “immediate” steps had been taken to rectify disturbing findings from an inquiry into the operation of Queensland Health’s Scientific Service.

An urgent meeting will be held today with the Police Commissioner and Department of Justice and Health representatives.

Premier Annastacia Palaszczuk said swift action was being taken in relation to a DNA testing bungle at a state-run forensics laboratory. Picture: Jerad Williams
Premier Annastacia Palaszczuk said swift action was being taken in relation to a DNA testing bungle at a state-run forensics laboratory. Picture: Jerad Williams

“This is one of the most concerning reports our state has seen,” Ms Palaszczuk said.

Staff members were stood down this morning by the Queensland Health Director-General.

Health Minister Yvette D’Ath on Tuesday revealed damning interim findings of a report into Queensland Health’s Forensice and Scientific Services.

Thousands of cases will now be re-examined in Queensland after the report found the state-run forensics lab did not test for DNA below a certain threshold, between 2018 and June of this year.

Statements issued by Queensland Health’s Forensic and Scientific Services which stated the “DNA insufficient for further processing” and samples which included “no DNA detected” will now be reviewed.

Queensland’s high threshold for testing DNA samples, double the number of cells as required in NSW, has led to potentially valuable evidence being dismissed in potentially thousands of cases, including alleged rapes and murders.

Ms Palaszczuk said “my understanding” was ministers were not involved in discussions leading to the decision to change the threshold for testing.

But the inquiry will thoroughly investigate the cause of the low threshold being enacted into procedure at the state-run lab.

Walter Sofronoff will continue hearing evidence next week. File picture
Walter Sofronoff will continue hearing evidence next week. File picture

“I have been given no advice or no evidence that any ministerial involvement was involved in this, however I will say this, Walter Sofronoff’s inquiry starts on Monday,” the Premier said.

Ms Palaszczuk would not comment on why her government initially resisted an inquiry.

“I’m not going to go over old history,” she said.

“We want to get to the bottom of this, we want to know who was responsible, we want justice for victims - that is paramount here.”

She said she wanted answers, but stressed the commission of inquiry into the DNA testing was ongoing with hearings to take place next week.

“Walter Sofronoff has a very big job here. There will be witnesses that will be coming forward, they need to be given the opportunity to give evidence to him.

“He needs the opportunity to be able to listen to all that evidence and make his findings.”

Ms Palaszczuk said there would be an urgent meeting on Wednesday involving the Police Commissioner, the head of the Justice Department and the Health Department boss in relation to the findings.

Health Minister Yvette D’Ath reveals the findings. Picture: NCA NewsWire / Dan Peled
Health Minister Yvette D’Ath reveals the findings. Picture: NCA NewsWire / Dan Peled

She said the meeting would focus on adequate resourcing being mobilised to ensure errors in the testing bungle were dealt with “swiftly and quickly”.

Opposition leader David Crisafulli has today demanded the Premier apologise to Queenslanders, saying “criminals are walking the street”.

Mr Crisafulli said on Wednesday the report was “deeply disturbing”, and the impact would stretch for “many years to come”.

“I don’t think we as a state can comprehend just how big this report is and the ramifications of it,” he said.

“The state government today owes every whistleblower, every victim, every Queenslander an apology. Nothing short of that is sufficient.

“I have no doubt as a result of these failings victims were denied justice and criminals are walking the street, and every Queensland is owed an apology for the failings that the state government has overseen.”

Health Minister Yvette D’Ath described the interim report, led by retired judge Walter Sofronoff, as “extremely serious” and admitted the incorrect statements “can lead to the potential miscarriage of justice”.

She said the government had set up a task force to identify how many DNA samples would need to undergo testing.

LNP Attorney-General spokesman Tim Nicholls said the ramifications for the justice system “are enormous”.

“This opens the door for all sorts of claims to be made in relation to how accurate the DNA testing was, whether more DNA testing would have led to a conviction, or it might have led to a finding of innocence as well,” he said.

“I would expect that lawyers acting on both sides of the argument will be pouring over this information.

Opposition Leader David Crisafulli has called for an apology from Premier Annastacia Palaszczuk. Picture: NCA NewsWire / Dan Peled
Opposition Leader David Crisafulli has called for an apology from Premier Annastacia Palaszczuk. Picture: NCA NewsWire / Dan Peled

“What we’ve thought were once secure convictions may well be reopened. It is a Pandora’s box of trouble for the justice system in this state.”

Whitsundays MP Amanda Camm said she had been contacted by victims of serious crimes, including one rape victim who had “not received a phone call from the police” over whether DNA had been detected, 10 months on.

Ms Camm said the women wrote to her “I haven’t had any form of communication from the lab or the Queensland Police Service, it’s causing me health issues, anger, immense stress, unnecessary anxiety, unworthiness, self-blame, negative self-talk, and now suicidal thoughts”.

“I wait for these results. I wait to find out if these men have even been tested, if they will find any DNA. Everyone says they will do what they can. But still I have no answers,” the woman wrote.

“I received that from a victim yesterday in southeast Queensland, another woman who has been failed by the forensic lab so the state government,” Ms Camm said.

“The Minister for Health, the Attorney-General, the Premier need to hang their heads in shame.”

On Tuesday night, Ms D’Ath said the mammoth task of implementing the interim recommendations would be overseen by respected molecular biologist Professor Frank Gannon.

The Professor will be in charge of reissuing statements of identified cases and further test samples.

Ms D’Ath said the government would now undertake a full audit of all DNA samples relating to major crime between 2018 and June this year which led to witness statements declaring “DNA insufficient for further processing” or “No DNA detected”.

Where DNA is found between results that initially weren’t progressed, results will be handed over to police.

“The government has already reverted to FSS’s previous practice of testing all samples, including those with low levels of DNA, as it did prior to February 2018,” Ms D’Ath said.

“A task force has also been established to implement the recommendations and to support work coming out of the ongoing Commission of Inquiry.

“As we implement Commissioner Sofronoff’s recommendations, we’re putting additional systems in place which includes creating a hotline for anyone who believes they were involved in a police or court matter that may have been impacted by the failure to further test for DNA.

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

Concerned victims or persons seeking information about the disturbing findings in the interim report are being encouraged to contact the Queensland Police Service or the dedicated hotline on 1300 993 191.

The Commission will hand down its final report to the state government in December.

Originally published as Lab staff stood down after damning inquiry findings

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Original URL: https://www.thechronicle.com.au/news/queensland/lab-staff-stood-down-after-damning-inquiry-findings/news-story/375224c5f65b241f83c6c6b1119e00ed