DNA debacle slows down Townsville courts by four months

Convicted criminals are demanding a retesting of DNA samples used against them, with one lawyer stating it was ‘only a matter of time’ before a person is revealed to be innocent.

Commissioner Walter Sofronoff (right) during a press conference at the handing down of the DNA Inquiry report in Brisbane. Picture: NCA NewsWire/Tertius Pickard

The DNA debacle that is causing the retesting of thousands of DNA samples statewide is delaying important cases in Townsville by at least four months.

Most of the delays involve sexual assault cases and in two cases that appeared briefly in the District Court this month, they were adjourned until June and July at the earliest.

In one case a crown prosecutor told the court that she had been told a letter would be sent to her explaining the current DNA situation and plans, but it had not appeared when promised.

Judge Gregory Lynham said there was no point of being critical of the situation because the circumstances were well known.

“It is what it is,’’ he said.

A prosecutor told the District Court that the DNA results would define how the case proceeded in a major rape case that has been delayed for four months.

A scathing report into Queensland Health‘s forensic DNA laboratory was made public in December last year and has triggered the review of thousands of criminal cases dating back more than 14 years.

Walter Sofronoff KC said DNA samples are being sent interstate and to New Zealand while thousands of cases are re-examined. Picture: NCA NewsWire/Tertius Pickard

Former judge Walter Sofronoff‘s report uncovered major issues and failings at the Forensic and Scientific Services (FSS) lab, which led to a significant cut in the number of crime scene samples being tested for DNA and a risk of ‘miscarriages of justice’.

Mr Sofronoff made 123 recommendations in his 506-page, six-month commission of inquiry and described the size of the failures involved as ‘about as big as it gets’.

The retired Queensland Court of Appeal president and solicitor-general recommended a retrospective review of ‘thousands’ of Queensland crimes, including murder and sexual assault cases, dating back to January 2008.

Mr Sofronoff told The Bulletin that DNA samples were already being retested interstate and in New Zealand as per one of his recommendations.

Lawyers in Townsville said that they are now starting to see significant delays from the retesting arrangements.

One prosecutor told the District Court that the DNA results would define how the trial would proceed in a major rape case that has been delayed for four months.

“Under the circumstances we know it is unavoidable, but our court dates are already bulging under the weight of cases and this will just cause more problems we could have done without,’’ said a prominent barrister who did not want to be named.

Another barrister said it was ‘only a matter of time’ before an innocent person convicted and in prison was found to be innocent because of a flawed DNA result.

“The law of averages is stacked high that will happen and we also will have guilty criminals roaming free because of DNA mistakes,’’ she said.

Another lawyer said he had received notification about retesting for one of his clients, who had already served the jail sentence for the crime involved.

“Can’t help him now if it turns out he was innocent,’’ he said.

Shadow Minister for Police & Corrective Services Dale Last said the failures in DNA testing that occurred under Labor’s watch are continuing to cause damage to Queenslanders.

Originally published as DNA debacle slows down Townsville courts by four months