By Calvin Gnech, Criminal Lawyer and Legal Practice Director at Gnech and Associates
07 June 2022
Queensland Premier Annastacia Palaszczuk yesterday announced a Commission of Inquiry into DNA testing conducted by Queensland Health’s Forensic and Scientific Services (QHFSS). The Honourable Justice Walter Sofronoff, recently retired as Queensland Court of Appeal President, will conduct the Inquiry.
Testing Reliability
The Commission of Inquiry calls into doubt the reliability of current and past DNA testing, with the need for a Commission of Inquiry prompted by concerns raised by Queensland Police regarding the thresholds of testing.
While there were already existing concerns regarding DNA testing reliability, the Queensland Police Service recently reviewed a number of DNA samples where results from the QHFSS were originally returned as ‘insufficient DNA for further processing’. The results were concerning. When additional testing was conducted on 47 of those samples, two thirds generated a usable DNA profile.
The Queensland Police Service have confirmed they are now reviewing sexual assault cases dating back to the start of 2018, that involved results from the QHFSS returned as ‘insufficient DNA for further processing’.
The Unsolved Murder of Shandee Blackburn
While speaking on the Commission of Inquiry,Health Minister Y’vette D’Ath raised the unsolved murder of Shandee Blackburn. Shandee died in 2013 after being stabbed more than 20 times while walking home in Mackay. Issues were raised with the handling of the forensic evidence in the case and on the 9th of February 2022, the Coroners Court of Queensland announced that they would reopen the investigation into her death.
An article by Gnech and Associates on Shandee’s case can be found at https://gnechlawyers.com/2022/02/queensland-unsolved-crimes-murder-of-shandee-renee-blackburn/.
Consequences of a Commission of Inquiry
While a Commission of Inquiry will provide greater certainty regarding DNA testing, it is still uncertain what the Inquiry findings could lead to. One outcome could be the prosecution of more historical sex crimes and cold cases. Depending on how the Inquiry is conducted individuals actions and decision making may be scrutinized. Witnesses may be called to be cross examined by counsel assisting the Commission of Inquiry.
This is a unique and complex area of law. If you require legal advice in this regard, contact Gnech and Associate Lawyers on 3558 1040.
