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Scandal-hit Queensland DNA lab repeats major testing error as rape victims wait over a year for results Scandal-hit Queensland DNA lab repeats major testing error as rape victims wait over a year for results
(about 5 hours later)
Damning review exposes ongoing issues at Forensic Services Queensland, including failure to properly test sample from violent unresolved crimeDamning review exposes ongoing issues at Forensic Services Queensland, including failure to properly test sample from violent unresolved crime
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Queensland’s state forensic services laboratory has repeated an error which led to “one of the greatest failures of a justice system in the world”, affecting evidence in thousands of criminal cases including rapes and murders.Queensland’s state forensic services laboratory has repeated an error which led to “one of the greatest failures of a justice system in the world”, affecting evidence in thousands of criminal cases including rapes and murders.
The latest testing failure was revealed in a review into Forensic Services Queensland released on Monday, which also found that hundreds of rape victims were waiting “over 12 months” for the lab to test rape kits, a process that should be completed “ideally within five days”.The latest testing failure was revealed in a review into Forensic Services Queensland released on Monday, which also found that hundreds of rape victims were waiting “over 12 months” for the lab to test rape kits, a process that should be completed “ideally within five days”.
In 2022, the first of two inquiries into Forensic Services Queensland found that the laboratory’s threshold for testing was set too low, calling into question DNA evidence used in thousands of criminal cases, including for crimes such as rape and murder. In 2022, the first of two inquiries into Forensic Services Queensland found that the laboratory’s threshold for testing was set too high, calling into question DNA evidence used in thousands of criminal cases, including for crimes such as rape and murder.
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On 19 November last year, the laboratory implemented a new threshold for testing for DNA.On 19 November last year, the laboratory implemented a new threshold for testing for DNA.
But according to a review by forensic scientist Prof Kirsty Wright and former FBI expert Dr Bruce Budowle, tabled in parliament on Monday, the new limit was again incorrect.But according to a review by forensic scientist Prof Kirsty Wright and former FBI expert Dr Bruce Budowle, tabled in parliament on Monday, the new limit was again incorrect.
“After introduction of the new DNA threshold, a Priority 1 crime scene sample from a violent unresolved crime was not fully tested because it fell below the threshold,” Wright’s report found.“After introduction of the new DNA threshold, a Priority 1 crime scene sample from a violent unresolved crime was not fully tested because it fell below the threshold,” Wright’s report found.
“[Queensland police] requested for it to be fully tested, and it provided a usable DNA profile that assisted the investigation.”“[Queensland police] requested for it to be fully tested, and it provided a usable DNA profile that assisted the investigation.”
Priority 1 samples refer to evidence used in “major crime cases”, as opposed to “volume crimes” like robbery. “Priority 1” refers to “the most urgent” samples from “violent and unresolved cases where the offender has not been identified”.
“We’ve found evidence that shows there’s potentially a large number of samples that aren’t being fully tested … and these samples are from major crimes. These are from rapes, these are from murders,” Wright said at a press conference on Monday.
“So it seems like the lessons from the first and second inquiry have not been learned.”
Wright said the lab was repeatedly detecting unacceptable levels of contamination but not resolving the problem. The review found that since October 2023 it had presented unreliable DNA evidence to the police and ultimately the courts.
“They were processing crime scene samples in a dirty lab. They knew this. There was evidence of this for at least … a year and a half,” Wright said.
A lack of capacity at the lab caused enormous delays, including for the testing of rape kits. Outside priority 1 cases, no samples were tested within timelines set by the police, the report found.
Wright recommended the government outsource most forensic testing for “at least two years”, while gradually building up capacity in FSQ. In May, the state government announced a $50m investment in outsourcing.
The report also recommended the lab immediately stop testing all rape kits, due to concerns over the reliability of its results.The report also recommended the lab immediately stop testing all rape kits, due to concerns over the reliability of its results.
There were 511 untested rape kits in Queensland as of September 2024, it found. It also criticised Forensic Services Queensland for intruding in police efforts to contract overseas laboratory to test 15 of its most urgent rape kits.
The report describes the mismanagement of the then Queensland Health laboratory between 2007 and 2023 as “one of the greatest failures of a justice system in the world”, judging that “many thousands of victims had been denied justice, and the communities’ trust in forensic DNA services lost”.
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The review also found that the laboratory was “a dirty lab” and was known to be contaminated. Without the knowledge of the police, the laboratory asked the overseas service to halt its testing and return the samples for testing in Queensland. This did not occur, because FSQ did not organise an import permit.
“Ultimately this intervention just delayed the testing of the rape kits by at least three months,” the report found.
“FSQ is not prioritising victims of crime in decision making, and suggests FSQ is not appropriately supporting QPS efforts to resolve sexual offences.”
There were 511 untested rape kits in Queensland as of September 2024, the review found.
The median turnaround time for testing of samples from major crimes was 412 days, despite a reduction in forensic evidence being submitted by police, the review found.
Clearing the backlog of 32,000 historical cases that must be retested as a result of the earlier inquiries would take 10 years, Wright said.
The FSQ backlog also includes 177 homicides. There are 343 matters in the upper court awaiting DNA results and statements.
The report describes the mismanagement of the then Queensland Health laboratory between 2007 and 2023 as “one of the greatest failures of a justice system in the world”, judging that “many thousands of victims had been denied justice”, and public “trust in forensic DNA services lost”.
The state government announced it would appoint a new expert team to overhaul forensic services led by former New South Wales police commissioner Mick Fuller, with the ongoing involvement of the review’s authors.The state government announced it would appoint a new expert team to overhaul forensic services led by former New South Wales police commissioner Mick Fuller, with the ongoing involvement of the review’s authors.
More details soon …
In Australia, the national family violence counselling service is on 1800 737 732. In the UK, call the national domestic abuse helpline on 0808 2000 247, or visit Women’s Aid. In the US, the domestic violence hotline is 1-800-799-SAFE (7233). Other international helplines may be found via www.befrienders.orgIn Australia, the national family violence counselling service is on 1800 737 732. In the UK, call the national domestic abuse helpline on 0808 2000 247, or visit Women’s Aid. In the US, the domestic violence hotline is 1-800-799-SAFE (7233). Other international helplines may be found via www.befrienders.org