DNA lab saga: Rockhampton rape, arson, murder and other cases delayed

A man accused of rapes and indecent treatment of children claims he is hampered to clear his name due to the Queensland DNA laboratory backlog causing delays across state.

Forensic Facility in Canberra. Picture: NCA NewsWire / Martin Ollman

A man accused of rapes and indecent treatment of children is hampered in his ability to clear his name due to the Queensland DNA laboratory backlog causing delays across state.

The man’s matters were mentioned in Rockhampton District Court on June 19.

His charges include six counts of rape, one of supplying illegal drugs to a minor, three counts of indecent treatment of a child under 16 and three counts of indecent treatment of a child under 12.

Crown prosecutor Cameron Keast informed the court a prerecord of evidence from three witnesses was scheduled for July 24 but the parties were hesitant to list the matter for trial due to an outstanding addendum DNA statement.

“I have not received an estimated time (of arrival or ETA) on when that should arrive,” he said.

“I understand the new system is to work towards trial listing dates.”

The court previously heard the defendant has log books showing his movements around the dates of the alleged offences, indicating he was not near the victims at the time.

Judge Clarke pushed the prerecord out to July 27 to give more time for the addendum statement to be provided.

Meanwhile, in the Rockhampton magistrates jurisdiction, a number of cases are waiting on DNA work to complete Briefs of Evidence before the matters are considered by a magistrate who orders such matters to be committed to stand trial in the higher courts.

Scott William Weeding has many charges in the magistrates jurisdiction.

Legal Aid lawyer Lauren Townsend said her client’s charges were outlined in three briefs of evidence, with the last brief provided to her on May 31, with statements outstanding.

She said there was DNA evidence outstanding from one of the briefs, and statements in another.

Police prosecutor Sergeant David Longhurst asked the court on May 31 for a three week adjournment and he “would see what (he) can organise” regarding the missing material, but the DNA would take longer.

Mr Weeding has the following charges currently: one count of choke – domestic violence, one of assault occasioning bodily harm – DV, two of common assault – DV, one of wilful damage DV, one of arson, four of breaching bail conditions, four enter premises and commit, one evasion, four of stealing, one unlawful use of motor vehicle, two wilful damage, one possess explosives illegally, one drive uninsured, one disqualified driving and one drive an unregistered vehicle.

The DNA backlog saga has impacted another case where a man accused, with a co-accused, of possessing a “significant amount of drugs” and supplying a drug to a minor who they then allegedly sexually abused and photographed.

The men cannot be identified for legal reasons, but the allegations against them were heard in Rockhampton Magistrates Court on March 22, 2022, during a bail application for one of the men.

During an update on the case provided to the court on June 28, lawyer Jess King said she had received a doctor’s statement, but the DNA was still outstanding at that time.

Police prosecutor Senior Constable Sarah Rowe said there was no ETA available at that time and the brief of evidence was ordered in October 2022.

That matter was adjourned to July 26 to get an ETA and the defendant was remanded in custody.

Defence lawyer Brian McGowran has a client who had two rape charges mentioned in the magistrates court on June 28.

Rockhampton defence lawyer Brian McGowran

“We’ve got the brief except for “critical DNA evidence”,” he said.

Police prosecutor senior constable Sarah Rowe said Rockhampton police prosecution had been advised in May there was “a possible” six month wait in relation to that DNA.

It was adjourned until August 13 to check on the status of that evidence.

One of Pierre Lammersdorf’s clients, charged with rape and various assault type offences, was, as of June 28, waiting to complete a

brief.

The court heard the outstanding DNA evidence in this case had an ETA of December 21, 2023.

Magistrate Cameron Press said he wasn’t sure if a registry committal could take place without the DNA.

Mr Lammersdorf said he would consider the partial brief and see what other evidence is there.

This matter was adjourned until July 26.

The court has previously heard of DNA delays in the alleged murder of Allenstown grandmother Sue Duffy.

Her estranged son-in-law, Portmoresbey Cecil, has been charged with murder in relation to her death.

Originally published as DNA lab saga: Rockhampton rape, arson, murder and other cases delayed