QUOTE OF THE DAY: "“The unfortunate part of the way that the review was conducted by the DPP is that there are now going to be a slew of judicial review challenges by affected individuals questioning the lawfulness of the DPP’s review. “You cannot be the judge, the jury and the executioner, and that’s precisely what has happened here.”
Erin Hill: Director: Director: Bermuda Equal Justice Initiative;
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RELEASE: (Government of Bermuda): Director of Public Prosecutions, Cindy Clarke today announced the completion of a comprehensive review of criminal matters which involved the analysis or interpretation of DNA evidence by Candy Zuleger of Trinity DNA Solutions, which had been called into question in 2024 by the Privy Council in the case of Julian Washington. The review, initiated in response to concerns raised in 2024 in Julian Washington's case, examined a total of 273 cases and its completion marks a significant step in ensuring the integrity and reliability of the justice system.
dpp-completes-comprehensive-review-dna-cases-following-privy-council-ruling
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ROYAL GAZETTE STORY ON GOVERNMENT'S RELEASE:
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STORY: "DNA evidence review complete with two tainted convictions, "by Owain Johnston-Barnes, published by The Royal Gazette, on August 22, 2025.
GIST: A review into cases potentially tainted by questionable DNA evidence has been completed, with two “unsafe” convictions identified among almost 300 matters.
Cindy Clarke, the Director of Public Prosecutions, announced yesterday that 273 cases had been reviewed after a ruling that called into question DNA evidence provided by Candy Zuleger of Trinity DNA Solutions.
Ms Clarke said that no issues were identified in 271 of the reviewed matters but two cases were found to be unsafe and have been referred to the Court of Appeal.
She added that one of the convictions, that of Anwar Muhammad, had already been quashed, while the second was progressing through the process.
“We have a duty to learn from past shortcomings and improve future practices,” Ms Clarke said.
“Our justice system must be rooted in truth, science and fairness.
“This review was not only about revisiting past cases but about ensuring that the administration of justice remains beyond reproach moving forward.”
The review was launched in 2024 after it was found that evidence submitted by Ms Zuleger, a US-based forensics expert, in the case of Julian Washington was “flawed” and unbalanced to the point that it wrongly implicated Mr Washington.
Ms Clarke said the review initially covered the six-year period between 2009 and 2015 in which Trinity DNA Solutions carried out forensic analysis work for the Bermuda Police Service, including 244 cases.
However, the review was later expanded to include all of the 273 cases in which Trinity DNA provided analysis since 2006.
The statement, released by a spokesman for the Ministry of Justice, said that as part of the review another forensics expert, whose work and methodology were approved by the Privy Council, was retained and consulted.
Cases which led to convictions were reviewed first, with priority given to cases where defendants were in custody, including as a result of jury verdicts, judicial rulings and guilty pleas.
The review subsequently examined outstanding cold cases that had not resulted in a prosecution and cases in which defendants were acquitted.
The statement said that as part of the review, the individual cases were each assessed to consider whether convictions were safe if DNA evidence was excluded, along with the viability of the conviction against each suspect on each charge and the defence case.
“The finding of whether a realistic prospect of conviction existed was based on an objective assessment of the evidence, guided by established legal principles,” the statement continued.
“What was considered was whether an objective, impartial and reasonable jury or magistrate, properly directed and acting in accordance with the law, was more likely than not to convict the defendant of the charge alleged, without the DNA evidence.
“If the conclusion was that the jury or magistrate would so convict, then the conviction was considered safe.
“If the conclusion was that the jury or magistrate may not have convicted, the DNA evidence was sent to the independent expert to be reviewed.”
Ms Clarke said: “DNA evidence is one of the most powerful tools we have in the pursuit of justice but it is essential that such evidence is used accurately, responsibly and transparently.
“This review demonstrates our commitment to upholding those principles and to ensuring that every conviction rests on sound legal and scientific footing.”
Eron Hill, the director of the Bermuda Equal Justice Initiative, called for a “truly independent review” to be conducted.
He said: “The DPP is the one who prosecuted these cases and it was only after Julian Washington advanced his appeal to the Privy Council that this was discovered.
“So it was only accepted by the DPP that there were errors after hundreds of thousands of dollars and ten years of a man languishing in prison.
“It’s completely unacceptable and insufficient for the review to only be conducted by the DPP and we call on the Governor and the Government to ensure that a full Commission of Inquiry into the conduct of Trinity DNA Solutions and then that DNA is done.”
Mr Hill added: “We are working with a number of individuals who are still incarcerated who have not been contacted — not once at all — to confirm that their case was being reviewed and that’s concerning.
“The unfortunate part of the way that the review was conducted by the DPP is that there are now going to be a slew of judicial review challenges by affected individuals questioning the lawfulness of the DPP’s review.
“You cannot be the judge, the jury and the executioner, and that’s precisely what has happened here.”
The entire story can be read at:
dna-evidence-review-identified-two-tainted-convictions
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;
