Thursday, May 5, 2022

Queensland Health and Forensic Science Service's DNA unit (QHFSS) : Another beleaguered crime lab to follow: (This is my first stab! HL); This one in Australia: Sky News (Queensland Editor Peter Gleeson) reports "bombshell" claims that ‘botched’ DNA testing at the centre may have caused hundreds of flawed prosecutions - and that the State's Crime and Corruption Commission is investigating the flawed DNA tests which could potentially undermine hundreds of allegations..."The Griffith University Innocence Project says testing methods were improperly introduced at the former John Tonge science laboratory – now known as the Queensland Health and Forensic Science centre’s DNA unit - in 2012. The improper testing methods had led to “other systemic errors leading to flawed results which, in turn, have been concealed from the police, leading to courts being misled and ultimately resulting in substantial breaches of public trust dating back over a decade’’. Equally worrying, argues the Innocence Project, is “that these systemic issues are affecting the reliability of DNA evidence – with undoubtedly dire consequences for the administration of justice in this state’’. The Innocence Project wants a public inquiry that “will either reveal serious issues which need urgent correction or will allay any disquiet about the laboratory’s competence and conduct’’. “We are hard-pressed to think of a matter that could have any greater significance in this state at the present time – and given what is happening in the world at this time, we don’t say this lightly,’’ says the Innocence Project’s executive leadership."


PUBLISHER'S NOTE: Reference is made in this story to the 'Lawyer X' scandal in Victoria, Australia in which, believe it or not, a lawyer acted as a confidential informant against sue of her very own clients. As per the Wikipedia entry: "Nicola Maree Gobbo, sometimes known as Nikki Gobbo, (born 16 November 1972) is an Australian former criminal defence barrister and police informant. (I am surprised that the 'Lawyer X' cases have received so little attention outside of Australia.) Also according to Wikipedia: "Shandee Blackburn was a 23 year old woman who was murdered in Mackay, Queensland, Australia in February 2013.[1] Shandee's ex-boyfriend John Peros was initially charged with her murder but was then acquitted in 2017 at trial.[2] A podcast by The Australian's Hedley Thomas was released in late 2021 which detailed the entirety of the case.[3].

Harold Levy: Publisher; The Charles Smith Blog.

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PASSAGE OF THE DAY: "The Griffith University Innocence Project has written to Ms Fentiman alerting her to the possibility of miscarriages of justice. “The purpose of this letter is to raise our grave concerns about the operation of the Queensland Health Forensic and Scientific Services DNA Analysis Unit,’’ the letter said. “We understand Dr Wright met with the CCC on March 25, 2022, and has since met with members of the Women’s Safety and Justice Taskforce to discuss the laboratory’s systemic failings and conduct. “Our project has no connection to the Shandee Blackburn case. “We are, however, alarmed by the substance of Dr Wright’s complaints and the likelihood that practices which have been, and continue to be carried out by QHFSS, have resulted in miscarriages of justice leading to wrongful convictions and wrongful acquittals.  “In our view, someone of Dr Wright’s stature in the forensic science community making such allegations surely demands an urgent public inquiry into the operations of QHFSS. QHFSS plays a vital role in the administration of criminal justice in Queensland. Questions over its operations undermine the integrity of our entire justice system – and to think there is a risk this has been going on for over ten years.’’

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STORY: "Bombshell claims 'botched' DNA testing at Queensland forensic centre may have caused hundreds of flawed prosecutions," by Queensland Editor Peter Gleeson,  published by Sky News.

SUB-HEADING:  "The Crime and Corruption Commission is investigating allegations DNA testing at a Queensland forensic science centre was flawed,  potentially undermining hundreds of prosecutions.


GIST: "Botched and flawed DNA testing at Queensland’s forensic science centre over the past decade may have led to hundreds of flawed prosecutions, including wrongful acquittals or criminals not being charged because of a lack of evidence.


The Crime and Corruption Commission is investigating the claims, and justice advocates have asked Queensland Attorney-General Shannon Fentiman to call an inquiry to uncover the truth.


The Griffith University Innocence Project says testing methods were improperly introduced at the former John Tonge science laboratory – now known as the Queensland Health and Forensic Science centre’s DNA unit - in 2012.


The improper testing methods had led to “other systemic errors leading to flawed results which, in turn, have been concealed from the police, leading to courts being misled and ultimately resulting in substantial breaches of public trust dating back over a decade’’.


Equally worrying, argues the Innocence Project, is “that these systemic issues are affecting the reliability of DNA evidence – with undoubtedly dire consequences for the administration of justice in this state’’.


The Innocence Project wants a public inquiry that “will either reveal serious issues which need urgent correction or will allay any disquiet about the laboratory’s competence and conduct’’.


“We are hard-pressed to think of a matter that could have any greater significance in this state at the present time – and given what is happening in the world at this time, we don’t say this lightly,’’ says the Innocence Project’s executive leadership.


It says if urgent correction is required, “it will be inevitable that a considerable number of cases will be enlivened and, to that end, a second appeal option would be desirable legislative reform rather than the traditional pardon route", much like the reforms in Victoria following the ‘Lawyer X’ issue.


Dr Kirsty Wright, one of Australia’s leading forensic scientists and a member of the Innocence Project’s Advisory Board, has publicly raised fears about the functioning of the Queensland Health and Forensic Science Service’s DNA unit.


It came after her review of the Blackburn case.


Dr Wright has vast experience as a major crimes scientist and expert witness for criminal prosecutions and has led DNA teams in a number of successful local and international forensic operations.


As part of this review, Dr Wright had access to all the documents from the 2019 Coronial inquest, including official documents from QHFSS.


Her findings led her to then make a complaint to the Crime Corruption Commission alleging serious misconduct by employees of QHFSS.


Dr Wright met with the CCC on March 25 and has since met with members of the Women’s Safety and Justice Taskforce, led by former Supreme Court judge Margaret McMurdo, to discuss the laboratory’s systemic failings and conduct.


The Griffith University Innocence Project has written to Ms Fentiman alerting her to the possibility of miscarriages of justice.


“The purpose of this letter is to raise our grave concerns about the operation of the Queensland Health Forensic and Scientific Services DNA Analysis Unit,’’ the letter said.

“We understand Dr Wright met with the CCC on March 25, 2022, and has since met with members of the Women’s Safety and Justice Taskforce to discuss the laboratory’s systemic failings and conduct.


“Our project has no connection to the Shandee Blackburn case.


“We are, however, alarmed by the substance of Dr Wright’s complaints and the likelihood that practices which have been, and continue to be carried out by QHFSS, have resulted in miscarriages of justice leading to wrongful convictions and wrongful acquittals. 


“In our view, someone of Dr Wright’s stature in the forensic science community making such allegations surely demands an urgent public inquiry into the operations of QHFSS. QHFSS plays a vital role in the administration of criminal justice in Queensland.


Questions over its operations undermine the integrity of our entire justice system – and to think there is a risk this has been going on for over ten years.’’


Queensland Attorney-General Shannon Fentiman said she would discuss the matter with Innocence Project officials.


“It is paramount that Queenslander’s have confidence in our justice system,’’ a spokeswoman for Ms Fentiman told Sky News Australia.


“I welcome a meeting with the Griffith University Innocence Project to discuss their concerns and it's good to see the Health Minister has also announced a comprehensive review of the Queensland Health Forensic and Scientific Services.""


The entire story can be read at:


https://www.skynews.com.au/australia-news/politics/bombshell-claims-botched-dna-testing-at-queensland-forensic-centre-may-have-caused-hundreds-of-flawed-prosecutions/news-story/20c19d86511a2abd1a62e378c47a046b

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:


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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;