Tuesday, November 29, 2011

BULLETIN: COLIN DUFFY AND BRIAN SHIVERS: JUDGE TO DECIDE THURSDAY ON WHETHER TO ADMIT CONTROVERSIAL DNA EVIDENCE; (UKPA);

BACKGROUND: Sappers Quinsey, 23, and Azimkar, 21, were shot dead by the Real IRA as they collected pizzas with comrades outside Massereene Army base in Antrim town in March 2009. Duffy, 44, from Forest Glade in Lurgan, Co Armagh, and Shivers, 46, from Sperrin Mews, in Magherafelt, Co Londonderry, deny two charges of murder and the attempted murder of six others - three soldiers, two pizza delivery drivers and a security guard. (U.S. expert) Dr (Mark) Perlin's forensic computer-based system strongly linked the two men to the getaway car used in the attack. But the academic's "true allele" method of analysing mixed genetic samples and deriving a likelihood ratio is relatively new and has never once been admitted as evidence in a UK or Irish court, and only on a few occasions in the United States...Patrick O'Connor QC, who represents Shivers, told Antrim Crown Court: "He (Perlin) is partisan and lacks all impartiality in relation to the merits and the limits of his system and that is a violation of his duty. He has demonstrated disdain and contempt for even the most eminent of those who do not follow his methods and that is why we suggest he is a man on a mission who has lost his objectivity." (UKPA);

----------------------------------------------------------
Massereene DNA ruling on Thursday

A judge in the trial of two men accused of murdering two soldiers, including one from London, will decide whether to allow controversial forensic evidence on Thursday.

Mr Justice Anthony Hart has been hearing legal arguments on the admissibility of the DNA test.

The prosecution claims the samples connect Colin Duffy and Brian Shivers to the gun attack on Sappers Mark Quinsey and Patrick Azimkar, from London, outside their Army base in Antrim.

The defence believes the computer-based assessment of US expert Dr Mark Perlin has not been properly recognised by other scientists.

Prosecution barrister Terence Mooney QC told Antrim Crown Court: "It is admissible on the basis that it is derived from scientific evidence which is reliable, proven and advanced by an expert in the field.

"It is therefore evidence upon which the court can place confidence and give weight."

Sappers Quinsey, 23, and Azimkar, 21, were shot dead by the Real IRA as they collected pizzas with comrades outside Massereene Army base in Antrim in March 2009.

Duffy, 44, from Forest Glade in Lurgan, Co Armagh, and Shivers, 46, from Sperrin Mews, in Magherafelt, Co Londonderry, deny two charges of murder and the attempted murder of six others - three soldiers, two pizza delivery drivers and a security guard.

Dr Perlin's system strongly linked the two men to the getaway car used in the attack.

But the academic's "True Allele" method of analysing mixed genetic samples and deriving a likelihood ratio is relatively new and has never been admitted as evidence in a UK or Irish court, and only on a few occasions in the United States. The court will sit again on Thursday.

The story can be found at:

http://www.google.com/hostednews/ukpress/article/ALeqM5gTsWdAtQ6Yq7c6hwpIVT12v3K-mg?docId=B2432611322575436A0000

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;