Thursday, April 25, 2024

Queensland DNA Disaster lab: Time to shut it down? David Murray and Lydia Lynch report in The Australian on calls to shut the infamous lab down, noting that Kirsty Wright, the forensic scientist who exposed Queensland’s DNA lab disaster,says her worst fears are being realised, with the discovery of profiles that had previously been missed in almost half the major crime cases that have undergone retesting so far. - and that, "the “mind boggling” results are evidence the lab is facing impossible demands, and has called on the state government to shut the lab down and outsource all further testing internationally until it can be rebuilt."


PASSAGE OF THE DAY: "FSQ chief executive Linzi Wilson-Wilde said in mid-2023 that she was confident clearing the backlog of samples would take “two to three years”.  At the current pace, reviewing and retesting affected samples could take decades, and would detract from the vital task of repairing the lab, Dr Wright said. “It’s a recipe for disaster, it’s a recipe for errors, and it’s essentially creating the same environment that got us into this situation,” she said. DNA labs in Texas and Washington DC were shut down and their testing outsourced for issues that were “nowhere near” as bad as in Queensland, she said."

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PASSAGE TWO OF THE DAY: "The growing DNA backlog is wreaking havoc on the courts with cases delayed until samples can be tested. In November, Bailey Douglas Sinclair, accused of helping a group of people commit murder, was granted bail after spending nearly 18 months on remand because of DNA testing delays. Last month a Central Queensland man accused of rape, who cannot be named for legal reasons, had his trial pushed to early 2025 because of outstanding DNA evidence. Dr Wright said Queensland’s lab should focus on the commissions of inquiry recommendations and recruiting and training staff. To get so many results wrong “really is staggering, there’s no other example like this anywhere in the world”, she said."

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NETWORKED KNOWLEDGE MEDIA REPORT: 19 April 2024; David Murray, Lydia Lynch, The Australian - DNA Disaster lab ‘must be shut down.’


GIST: "The forensic scientist who exposed Queensland’s DNA lab disaster says her worst fears arebeing realised, with the discovery of profiles that had previously been missed in almost half the major crime cases that have undergone retesting so far.


Kirsty Wright says the “mind boggling” results are evidence the lab is facing impossible demands, and has called on the state government to shut the lab down and outsource all further testing internationally until it can be rebuilt. 


The “completely broken” lab was simultaneously trying to fix itself, implement recommendations from two commissions of inquiry, conduct a historical review of more than 40,000 major crime cases, retest samples and keep up with current case demands.


“The strategy has to change and that strategy should be to close the lab,” Dr Wright said. “Let the lab have time to fix itself without the pressures of current cases and court cases and everything else, and outsource everything to other labs.”


Liberal National Party justice spokesman Tim Nicholls said there was some “real validity” in Dr Wright’s call. “I think it’s certainly the case that the current system appears to be letting everyone down,” he said. 


“The simple premise, and everyone knows it, is that justice delayed is justice denied and at the moment, hundreds, if not thousands of Queenslanders will be experiencing justice denied.


“It looks like we’re going to be retesting these cases forever, and will they ever get back into court? Or will they ever be retried?”


The two commissions of inquiry were launched in 2022 and 2023 as a result of Dr Wright’s revelations on The Australian’s Shandee’s Story and Shandee’s Legacy podcasts, and prompted the state government to invest $200m to rebuild the lab.


Health Minister Shannon Fentiman this week revealed in parliament in response to questions from Mr Nicholls that 41,077 major crime cases were received by the lab between October 2007 and the end of April last year.


“All of these cases have the potential to be impacted by the 2022 and 2023 COI recommendations, and so will be reviewed to determine whether their DNA evidence is affected,” Ms Fentiman said.


As of March 27 this year, Forensic Science Queensland had retested or reinterpreted samples from 440 cases. DNA profiles had been generated where no profile had previously been obtained in 193 of the cases, or almost 44 per cent.


A total of 4795 samples from the 440 cases were retested or reinterpreted, with DNA profiles that had previously been missed being found in 1084 of the samples.


FSQ chief executive Linzi Wilson-Wilde said in mid-2023 that she was confident clearing the backlog of samples would take “two to three years”. 


At the current pace, reviewing and retesting affected samples could take decades, and would detract from the vital task of repairing the lab, Dr Wright said. “It’s a recipe for disaster, it’s a recipe for errors, and it’s essentially creating the same environment that got us into this situation,” she said.


DNA labs in Texas and Washington DC were shut down and their testing outsourced for issues that were “nowhere near” as bad as in Queensland, she said.


Vicki Blackburn, whose daughter Shandee Blackburn’s 2013 murder in Mackay was the subject of The Australian’s podcasts and sparked Queensland’s DNA inquiries, said it was disappointing only 440 cases had been retested. The government had to look at all options to expedite case reviews and retesting, Ms Blackburn said.


“Victims need answers. It’s just cruel to continue putting that kind of stress and trauma on people that have already been through way more than they ever should have been put through,” she said. “This is definitive proof – there is going to be a lot. They have tested 1 per cent (of samples) and we have already got 200 cases (with new evidence).”


The entire story can be read at:

http://netk.net.au/DNA/DNA59.pdf

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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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;

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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801

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