Swamped forensic labs delaying court cases for months

Six months after a teenager was killed in a Brisbane park brawl resulting in 13 people being charged, police prosecutors were still waiting for autopsy results and reports on crucial forensic evidence.

A 2018 audit found Queensland waiting times for the analysis of DNA had increased since 2013 – as had the number of exhibits needing to be tested – however the number of lab staff to do this work had fallen.

The case against 13 people charged over the death of 19-year-old Girum Mekonnen in Zillmere last year has been held up by a backlog of evidence analysis.Credit: Brisbane Times

After that damning Auditor-General’s report, the agencies responsible for analysing forensic evidence and providing DNA reports set up an oversight committee to address the issues identified.

The agencies – the Queensland Police Service and Queensland Health – also stressed that their work had to be peer reviewed to a national standard, potentially adding to the delays.

The recent criminal case that highlighted these issues was the stabbing of 19-year-old Girum Mekonnen at Zillmere’s O’Callaghan Park, in Brisbane’s north, on September 13, 2020.

Police allege a brawl broke out between two large groups at the park, with 10 other people injured in the melee.

Mr Mekonnen was originally from Ethiopia and his death prompted a meeting of police and the local African community.

On March 15, the case was reviewed in Brisbane Magistrates Court, where the police prosecutor said some evidence was still three months away.

“There are still forensic officers’ statements, which will be forthcoming in the next few weeks, as well as DNA statements … as well as the autopsy report, which we don’t have an ETA on, but the delays are usually up to 12 months.”

Mr Mekonnen was remembered as a “sweet, kind boy”.Credit: Facebook

The case will be reviewed again in Brisbane Magistrates Court on May 17.

The 2018 Auditor-General report examined reporting on fingerprints, DNA samples, forensic medical examinations and illicit drugs, in support of criminal investigations and prosecutions.

The findings showed forensic and scientific services were struggling to keep pace with increased demand due to a lack of planning and modelling.

“The number of DNA exhibits 120 days or older increased by 344 per cent in five years, from 289 in 2013-14 to 1284 in 2017-18,” the report said.

“Since 2013-14, the number of DNA exhibits analysed has increased by 21 per cent, but the number of full-time-equivalent staff in the forensic DNA team decreased from 65 to 61 in 2017-18.

“[Queensland Health’s] budget for forensic DNA also decreased by approximately $1 million over the five-year period [2013-2018].

“Between 2013-14 and 2017-18, the number of exhibits for analysis per forensic scientist/expert per year increased from 182 to 214.

“Over the five years, the median time to collect, transport, analyse and report DNA results fluctuated from 35.1 days in 2013-14 to 51.3 days in 2016-17, and 49 days in 2017-18.

“DNA exhibits that were 120 days or older had the greatest increase.”

The Auditor-General recommended QPS and Queensland Health investigate and address the extent and impact of the delays, particularly on the court system.

This included ensuring performance targets were met and there was regular consultation with the Department of Justice and Attorney-General about the delivery of services and the impact on the justice system.

In response, a QPS spokeswoman said all agencies worked together to ensure evidence was analysed and prepared for court as quickly as possible while still meeting the high national standards.

“Reporting requirements vary depending on the type of product being produced, such are the complexities of forensic evidence,” she said.

“For example, autopsy reports can take up to 12 months [five months on average], compared to DNA examinations, which can take up to 14 days.

“All examinations are completed to a national standard, and part of this requires much of our work to be peer reviewed. On occasion, this can add to delays in providing results.”

A Queensland Health spokeswoman said the state agency worked closely with QPS to ensure forensic evidence was available to meet scheduled court dates.

“Following the 2018 Auditor-General’s audit, the agencies have established a formal oversight committee to enhance planning and co-ordination of forensic testing services and expand their scientific collaboration,” she said.