Sunday, April 30, 2017

DNA mix-up; West Australia: Investigation launched after wrong man convicted of a crime over a decade ago because of a DNA mix-up at state-run pathology service PathWest, ABC News reports..." WA Health Minister Roger Cook said. "I am particularly concerned about the impact that it's had on this gentleman, and on behalf of all I represent I sincerely apologise for this." The man was arrested in 2004, aged in his early 20s, after DNA found at the scene of a home invasion was incorrectly identified as his. The DNA apparently belonged to someone with the same name as the man and a laboratory worker mixed them up. According to the Government, the man initially protested his innocence before pleading guilty on the advice of his lawyer, who told him he would not be believed. He received a suspended jail sentence and spent over a decade with a criminal record. It is understood the man was unable to get a police clearance to help gain employment. Last week the man, and the State Government, were finally told about the mistake."..."


STORY:  "PathWest DNA mix-up: Investigation launched after wrong man convicted" by reporter Eliza Laschon, published by ABC NEWS on April 28, 2017.

GIST The WA Government is demanding answers after a man was wrongly convicted of a crime over a decade ago because of a DNA mix-up at state-run pathology service PathWest." "This is deeply concerning and distressing that this incident has occurred," WA Health Minister Roger Cook said. "I am particularly concerned about the impact that it's had on this gentleman, and on behalf of all I represent I sincerely apologise for this." The man was arrested in 2004, aged in his early 20s, after DNA found at the scene of a home invasion was incorrectly identified as his. The DNA apparently belonged to someone with the same name as the man and a laboratory worker mixed them up. According to the Government, the man initially protested his innocence before pleading guilty on the advice of his lawyer, who told him he would not be believed. He received a suspended jail sentence and spent over a decade with a criminal record. It is understood the man was unable to get a police clearance to help gain employment. Last week the man, and the State Government, were finally told about the mistake. "I was advised on Friday evening (by the Department of Health) that further review of this result way back in April 2016 had revealed that is was in fact a misidentification and that someone else by the same name was in fact the true match," WA Attorney General John Quigley said. "The people processing it (at PathWest) back in 2004 to 2005 had not checked the date of birth, therefore the wrong person was identified.". PathWest discovered the error in April 2016, when the suspected offender was arrested over another matter. WA Police said they were told of the error that same month in 2016. "Last week, an officer from the WA Police travelled to the regional address of the person to deliver a letter outlining the error," the statement said. "The letter also encouraged the person to seek legal advice as to further steps that could be taken. "WA Police accepts its notification should have been dealt with more expeditiously and we regret the oversight.".........An investigation is already underway after the sacking of WA's leading DNA scientist Laurence Webb from PathWest that cast doubt on the convictions of at least 27 people.
That also promoted a "root and branch" review of the facility to gain a better understanding of its processes and procedures. The McGowan Government has vowed to hold individuals responsible and expects the man's conviction to be swiftly overturned. The other man with the DNA match has a serious criminal record and the prosecution process has started."

The entire story can be found at:

 http://www.abc.net.au/news/2017-04-27/man-wrongly-convicted-over-pathwest-dna-bungle-govt-wants-answer/8475888

 PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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 Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher; The Charles Smith Blog.