"Colin Duffy and Brian Shivers deny the murder of Sappers Mark Quinsey, 23, and Patrick Azimkar, 21, who were shot outside the Massereene Army base in Antrim in March 2009.
Judge Hart said: "I am satisfied that the stage has now been reached in the case of this system where it can be regarded as being reliable and acceptable and I am satisfied that Dr (Mark) Perlin has given his evidence in a credible and reliable fashion.
"In the light of this conclusion, I can see no basis under which I could possibly exercise my discretion to exclude this evidence and I therefore admit it in evidence.""
UKPA;
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UKPA;
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Massereene DNA evidence allowed
Controversial DNA evidence allegedly linking two men to the murder of two soldiers in Northern Ireland is to be allowed, a judge has ruled.
The pioneering computer method is reliable and acceptable, Mr Justice Anthony Hart told Antrim Crown Court.
Colin Duffy and Brian Shivers deny the murder of Sappers Mark Quinsey, 23, and Patrick Azimkar, 21, who were shot outside the Massereene Army base in Antrim in March 2009.
Judge Hart said: "I am satisfied that the stage has now been reached in the case of this system where it can be regarded as being reliable and acceptable and I am satisfied that Dr (Mark) Perlin has given his evidence in a credible and reliable fashion.
"In the light of this conclusion, I can see no basis under which I could possibly exercise my discretion to exclude this evidence and I therefore admit it in evidence."
Sappers Quinsey and Azimkar were shot dead by the Real IRA as they collected pizzas with comrades outside their base.
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. He tested DNA data from a seatbelt buckle, a mobile phone and a single matchstick found in or around the Vauxhall Cavalier, which was abandoned partially burnt-out in a country road a few miles from the base.
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.
Barristers for the accused argued that Dr Perlin had not been candid in his evidence, seeking to keep details of his system for analysing small amounts of DNA from the court.
http://www.google.com/hostednews/ukpress/article/ALeqM5gXMcgoPy3XqgK8nzY01Rlqut53zw?docId=N0193751322740439161APUBLISHER'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;