Judge orders Toowoomba rape trial to go ahead without DNA evidence, blood, semen

A man accused of raping a Darling Downs woman is set to contest the charge before police finish compiling their evidence. Here’s why.

DNA delay, Judge Lynch KC

A man accused of raping a Darling Downs woman is set to stand trial in 2024 despite police seeking a delay due to outstanding DNA evidence.

An enormous backlog at Queensland’s main forensic lab following a commission of inquiry into DNA testing continues to effect state’s criminal justice system.

At the Toowoomba District Court in October, crown prosecutor Grace O’Donnell tendered an application to adjourn a rape trial until outstanding DNA evidence was produced which included blood and semen samples from the alleged incident location.

DNA samples were also taken from the alleged victim’s body.

The Toowoomba courthouse.

Ms O’Donnell said the results would not be available until March 2025, noting the matter was listed for trial in February before the Director of Police Prosecution was given a time frame for the results.

She said in February her office did not have instructions on whether or not the DNA results were required, or that a trial listing was required, as the alleged offender’s lawyers were in negotiations about the charges.

“It was noted if DNA was required… it would need to adjourn… to 2025 however we hadn’t had a finalised estimate at that point,” she said.

“On the 19th of February, it was listed for trial.

“Although it does not seem on our instructions exactly why it was listed on that day.”

Barrister Jessica Goldie opposed the application to delay the rape trial and said the Director of Police Prosecution (DPP) had carriage of the matter for about 20 months.

“They’ve been aware it’s a trial for over 12 months,” she said.

“It’s sufficient time for them to have obtained the DNA evidence and they haven’t.”

Mrs Goldie noted multiple requests were made to the DPP to disclose “particulars” which weren’t handed over until the morning of the adjournment application.

She said given the alleged rape occurred at a home where multiple occupants lived, she would be objecting to the DNA evidence taken from the alleged incident being admitted as evidence during the trial.

Judge Dennis Lynch QC. Picture: File

Judge Dennis Lynch QC said he couldn’t see how blood or semen taken from the alleged crime scene would be of any “particular consequence” given the defendant alleged the sexual acts occurred and were consensual.

Crown prosecutor O’Donnell said if the DNA results were tendered as evidence during the trial it would go towards the credibility of the alleged victim who said she sustained injuries causing her to bleed.

Judge Lynch KC refused to grant the application for a few reasons, one of which being that in his view the “issue of the trial” would be whether or not the woman gave consent.

“Because of the unavailability of the DNA evidence it’s not known at this point as to precisely what significance or what result will be available,” he said.

“The application to adjourn the trial at this late stage would leave the (defendant) hanging until at least the middle of next year.”

Judge Lynch KC said the trial listings for the year’s first half were already organised and said the court had expended more resources than usual to prepare for the trial to be heard in 2024.

“In the circumstances where it seems the real issue is one of consent and it’s not clear to me that the result of any DNA testing would have any significance… I’m not satisfied it’s appropriate to adjourn the trial,” he said.