Thousands of criminal cases under cloud after ‘untrue’ forensic lab statements

Violent offenders might still be at large despite evidence against them,and some victims might never get justice,after “untrue” statements made by Queensland’s state-run forensics lab.

Authorities are set to reprocess samples across what could be thousands of cases including rapes and murders,and statements given to courts and prosecutors will be updated,following a damning inquiry.

DNA samples connected to major crimes in Queensland will be reviewed following a ‘forensic lab bungle’.

The state health minister believes the situation is unheard of in Australia.

Queensland announced a commission of inquiryin June,after police began reviewing sexual assault cases back to 2018 when aprocess at the lab changed,halting detailed testing of low-DNA samples for major crimes and reporting the results as containing no or insufficient information.

Former Appeal Court president Walter Sofronoff’s interim report,handed to government this week,found the statements by Forensic and Scientific Services lab had been “untrue” or “misleading”.

Despite submissions from Legal Aid Queensland and the Queensland Law Society warning of the “potentially large disruption” the interim report could cause,Sofronoff recommended immediate action be taken.

“The interim report is incredibly concerning,” Queensland Premier Annastacia Palaszczuk said on Tuesday.

“The interim report is incredibly concerning,” Queensland Premier Annastacia Palaszczuk said on Tuesday.Matt Dennien

“I am of the opinion that the practice of putting forward these untrue statements as true expert evidence is a profound issue for the administration of criminal justice,for the integrity of police investigations and for decisions made by victims of crime,” he said.

“The belief in the truth of these statements should not be permitted to continue for a day longer.”

Sofronoff said the statements could have an effect on cases where police or prosecutors abandoned investigations or court action,and where the result meant sexual assault victims or children’s parents had given up on pursuing justice.

“In cases in which ignorance of the truth led to an actual acquittal,the laws of double jeopardy would,in most cases,preclude useful re-examination of the evidence,” he said. “The chance of conviction is forever lost.”

Health Minister Yvette D’Ath said the government accepted all three recommendations and had established taskforces in Queensland Health,Queensland Police,and a joint body with the Justice Department to carry out the work.

D’Ath said the government would go further than asked,and working within those groups to identify all samples in question — expected to be done over the next month.

“If there’s one — just one case,one victim,one alleged perpetrator — where the DNA shows a connection,whether partially or full,to someone involved in a crime,then we have a responsibility to act and provide that person with justice in whatever way we can,” she said.

Police have set up a hotline for any person who believes they may be affected.

Acting Assistant Commissioner Marcus Hill labelled opposition comments from Monday that rapists and murderers could be walking free as a result of the situation as speculative,but accepted it would be the “worst-case scenario”.

Speaking at a separate press conference,acting Deputy Commissioner Mark Wheeler said the number of cases affected by the statements was likely “in the thousands”.

State-run forensic labs in other Australian jurisdictions may also be needed to help deal with the fresh workload. A 2018 Auditor-General report found wait times for testing in Queensland had grown since 2013,while staff numbers dropped.

The inquiry has not yet made findings or begun detailed consideration of who decided to change lab procedures,and why.

Public hearings were due to begin next week,ahead of a final report in December.

Potential problems with the laboratory came to light as a result of a podcast series byThe Australianabout the death of Shandee Blackburn in 2013.

The government’s response was initially muted and escalated to the powerful inquiry after agreeing to an internal review by Queensland Health.

“Hindsight’s a wonderful thing in any job,” D’Ath said.

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Matt Dennien is a state political reporter with Brisbane Times,where he has also covered city council and general news. He previously worked as a reporter for newspapers in Tasmania and Brisbane community radio station 4ZZZ.

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