PASSAGE OF THE DAY: "Dr Celine Van Golde, director of the University of Sydney's Exoneration Project which reinvestigates miscarriages of justice, said Justice Maxwell’s comments about the reliability of forensic science could lead to more appeals against sentences. "We know forensic sciences have caused lots of wrongful convictions. Within Australia there are multiple wrongful convictions that have been caused by forensic evidence – Lindy Chamberlain, Henry Keogh," she said."
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QUOTE ONE OF THE DAY: "Flaws in forensics were thrust into the spotlight on Monday after an extraordinary intervention by Justice Chris Maxwell, president of the Victorian Court of Appeal, who told The Age he no longer had confidence forensic science was accurate. "With the exception of DNA, no other area of forensic science has been shown to be able reliably to connect a particular sample with a particular crime scene or perpetrator," he said. He called on governments around Australia to urgently change the law, so that judges had to consider the reliability of forensic evidence before it was shown to juries.:
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QUOTE TWO OF THE DAY: "Speaking after Justice Maxwell's remarks were published, criminal defence lawyer Bill Doogue said there was "a lot of junk science around". "There are things that are just known not to be real," he said. "You put [forensic evidence] in front of a jury," said Mr Doogue, "and they will think it’s real."
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STORY:
"Top CSI scientist says police ignoring evidence flaws, jailing
innocent," by reporter Liam Mannix, published by The Age, on September
3, 2019.
GIST: "One
of the Victorian government’s top forensic scientists says police could
be jailing innocent people because they refuse to accept their forensic
techniques are flawed. Two major US reports have found there is
little to no evidence police can reliably match a bullet to a gun, match
a footprint to a shoe, or match a hair found at a crime scene to a
suspect. But Victoria Police "refuse to accept the reports", said
Associate Professor Richard Bassed, deputy director of the Victorian
Institute of Forensic Medicine. The
institute, which is part of the Department of Justice, is Victoria’s
top authority on forensic medicine and regularly works with police, the
coroner, and the courts. "They
are very resistant to change," he said. "When it comes to fingerprints,
they are most often right. But it is the other stuff - like analysing
foot marks, tool marks, ballistics, there is no real evidence-based
science around what they are doing. "It is purely opinion based on 'I’ve done a thousand of these, you should believe me'." The
institute's director Professor Noel Woodford said the issues about
forensic science's reliability were well known in the field. "When
this evidence is presented to courts the limitations of the science are
clearly articulated so that they can appreciate the extent to which the
evidence can support the proposed allegations," he said. Flaws in forensics were thrust into the spotlight on Monday after an extraordinary intervention by Justice Chris Maxwell, president of the Victorian Court of Appeal, who told The Age he no longer had confidence forensic science was accurate. "With
the exception of DNA, no other area of forensic science has been shown
to be able reliably to connect a particular sample with a particular
crime scene or perpetrator," he said. He
called on governments around Australia to urgently change the law, so
that judges had to consider the reliability of forensic evidence before
it was shown to juries. Victoria
Police forensics executive director Dr Rebecca Kogios said she was
"confident that our processes are robust and provide significant value
to the criminal justice system". She said "a number of studies" formed the evidence base for forensics, and more research was being done. "Our experts are aware of, and account for, limitations in the science in the way opinions are provided to the courts." Other
senior legal figures have called for a wholesale inquiry into forensic
science but Victorian Attorney-General Jill Hennessy has resisted the
mounting pressure. On Tuesday her spokesman referred The Age to
a statement from last week: "Victoria’s justice system has laws and
processes in place that govern the quality and reliability of forensic
evidence presented in court". Speaking
after Justice Maxwell's remarks were published, criminal defence lawyer
Bill Doogue said there was "a lot of junk science around". "There are things that are just known not to be real," he said. "You put [forensic evidence] in front of a jury," said Mr Doogue, "and they will think it’s real." Leading Sydney-based criminal defence lawyer Phillip Gibson called for an inquiry into "so-called scientific evidence". "We
have accepted a lot of so-called scientific processes and procedures as
evidence, that don’t have a test of reliability," he said. Victorian
Shadow Attorney-General Edward O’Donohue said "when concerns such as
these are raised by one of Victoria’s most senior judges, they need to
be examined and considered". Dr Celine Van Golde, director of the
University of Sydney's Exoneration Project which reinvestigates
miscarriages of justice, said Justice Maxwell’s comments about the
reliability of forensic science could lead to more appeals against
sentences. "We know forensic sciences have caused lots of wrongful
convictions. Within Australia there are multiple wrongful convictions
that have been caused by forensic evidence – Lindy Chamberlain, Henry
Keogh," she said."
The entire story can be read at:
https://www.theage.com.au/national/victoria/top-csi-scientist-says-police-ignoring-evidence-flaws-jailing-innocent-20190903-p52nea.html
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;
