Wednesday, May 11, 2022

Queensland (Australia) Beleaguered Forensics Lab: Major Development: Government orders a review -which critics say does not go nearly far enough - after revelations uncovered in the Australian’s podcast series Shandee’s Story, which examined the alleged handling of DNA evidence in a murder case..."Shandee Blackburn, 23, died after being stabbed more than 20 times when she was walking home in Mackay in 2013. Forensic biologist Dr Kirsty Wright, who was interviewed on the podcast, described the handling of the murder case as a “trainwreck”. Dr Wright alleged the state-run forensics laboratory was failing to detect DNA in samples taken in rape and sexual assault cases. “This lab and the flawed results and the inaccurate results, it’s compromising our criminal justice system and it’s compromising public safety,” Dr Wright told the podcast."


QUOTE OF THE DAY: "The opposition leader, David Crisafulli, said questions remained over who will lead the inquiry and when it will take place. “I will call it as it is, this [review] does not go far enough. It falls well short,” Crisafulli told parliament on Tuesday. “There have been many [previous] reviews … but the government has not acted.” Crisafulli told parliament victims of crime would be disappointed by the review as it will not look into “previous failings” by the lab. The review’s terms of reference state that while specific cases may be examined to inform the scope of the review, it will exclude re-analysis of DNA samples, issues in specific cases and information about identifiable cases. According to the terms of reference, this was because the review “is focused on systems and processes and so as not to prejudice any ongoing or future criminal matters”. Crisafulli said there were “potentially thousands of victims being denied justice”.

PASSAGE OF THE DAY: "Shandee’s mother, Vicki Blackburn, previously told the Australian the family would not be satisfied by anything less than an independent review of the state’s forensic labs. “We do not have any faith in any internal review,” Blackburn said. The Queensland Council for Civil Liberties has also raised concerns over the state’s forensic labs. QCCL’s president, Michael Cope, said the appointment of an independent expert to conduct an inquiry would “ensure that public confidence in the administration of justice in the state is maintained.” “The QCCL has been watching the developments in the case of Shandee Blackburn with increasing concern,” he said in a statement last year. “In our view, given the very small forensic science community in this country, that expert should be sourced from overseas.” 

STORY: "Review of forensic DNA testing ‘falls short’ for Queensland victims, critics say," by Reporter Eden Gillespie, published by The Guardian Australia, on May 10, 2022.

SUB-HEADING: "Specific cases may be examined to inform scope of review, no re-analysis of DNA samples will be done.:


PHOTO CAPTION:"The Queensland government announced a review into the state’s Forensic Scientific Service six weeks ago, after delays and reported failings in the analysis of DNA evidence. "


GIST: "Queensland’s opposition has criticised the Palaszczuk government and accused it of failing victims of crime over its review into the state-run forensic laboratory.

The government announced a review into the Forensic Scientific Services six weeks ago, after delays and reported failings in the analysis of DNA evidence.


On Tuesday, the government tabled the terms of reference for the review in Queensland parliament.


The opposition leader, David Crisafulli, said questions remained over who will lead the inquiry and when it will take place.


“I will call it as it is, this [review] does not go far enough. It falls well short,” Crisafulli told parliament on Tuesday.


“There have been many [previous] reviews … but the government has not acted.”


Crisafulli told parliament victims of crime would be disappointed by the review as it will not look into “previous failings” by the lab.


The review’s terms of reference state that while specific cases may be examined to inform the scope of the review, it will exclude re-analysis of DNA samples, issues in specific cases and information about identifiable cases.


According to the terms of reference, this was because the review “is focused on systems and processes and so as not to prejudice any ongoing or future criminal matters”.


Crisafulli said there were “potentially thousands of victims being denied justice”.


The health minister, Yvette D’Ath, told parliament that the terms of reference were prepared in consultation with the Queensland Police service and the Crime and Corruption Commission.


D’Ath said the “highly specialised set of skills required” for the review meant “there is a limited national pool of potential reviewers.”


“We are going through the process of appointing a reviewer, including undertaking normal due diligence,” she said.


The Greens South Brisbane MP, Amy MacMahon, said the party would support an independent review as Queensland’s forensic labs “urgently need more resources.”


“There’s a damning audit report that revealed huge delays, and not enough lab staff to do the work,” MacMahon said.


The state’s premier, Annastacia Palaszczuk, said the review will take place shortly and confirmed the final report will be publicly tabled.


The announcement of the review came after revelations uncovered in the Australian’s podcast series Shandee’s Story, which examined the alleged handling of DNA evidence in a murder case.


The state coroner re-opened an inquiry into Blackburn’s death last year after a request by the state attorney general, Shannon Fentiman.


Shandee’s mother, Vicki Blackburn, previously told the Australian the family would not be satisfied by anything less than an independent review of the state’s forensic labs.

“We do not have any faith in any internal review,” Blackburn said.


The Queensland Council for Civil Liberties has also raised concerns over the state’s forensic labs.


QCCL’s president, Michael Cope, said the appointment of an independent expert to conduct an inquiry would “ensure that public confidence in the administration of justice in the state is maintained.”


“The QCCL has been watching the developments in the case of Shandee Blackburn with increasing concern,” he said in a statement last year.


“In our view, given the very small forensic science community in this country, that expert should be sourced from overseas.”


The entire story can be read at:

https://www.theguardian.com/australia-news/2022/may/11/review-of-forensic-dna-testing-falls-short-for-queensland-victims-critics-say

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;



SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:




FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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