Unsolved Criminal Cases Under Review after Qld DNA Lab Inquiry
Kurve
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As a response to the shocking revelations at the Commission of Inquiry into Forensic DNA Testing in Queensland, Taskforce Helix has been formed to oversee the process involving a review of evidentiary samples which had been previously submitted to QFSS for DNA testing in criminal cases dating back to 2018.
In many cases, evidence will be re-examined and may be retested for DNA. However, given the volume of files, this process could take a considerable amount of time.
Police remain committed to ensuring DNA evidence is used effectively to identify offenders of serious crime, fully investigate offences and seek justice on behalf of victims.
As cases are examined, police will contact affected parties including victims to provide updates and as much information as possible.
As we become aware of the cases affected, they may be listed for discussion in this thread. Some of them will have already have gone before the Coroner so those findings should be on the public record.
In many cases, evidence will be re-examined and may be retested for DNA. However, given the volume of files, this process could take a considerable amount of time.
Police remain committed to ensuring DNA evidence is used effectively to identify offenders of serious crime, fully investigate offences and seek justice on behalf of victims.
As cases are examined, police will contact affected parties including victims to provide updates and as much information as possible.
As we become aware of the cases affected, they may be listed for discussion in this thread. Some of them will have already have gone before the Coroner so those findings should be on the public record.
Official Queensland Government statement.
An additional $1 million will be provided to Queensland’s sexual assault services to support them to respond to additional demand anticipated from victim-survivors impacted by the Commission of Inquiry into DNA testing at Queensland’s Forensic and Scientific Services.
...
A specialist adviser will be appointed to work with Taskforce Helix to support a trauma informed response to victims who may be impacted and to facilitate appropriate referrals to support services, including for culturally and linguistically diverse and Aboriginal and Torres Strait Islander persons.
..
The Women’s Safety and Justice Taskforce also made recommendations around funding for sexual assault services in their second report and the Government is carefully considering these recommendations.
BFew
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We have a potential wrongful conviction live one here!
It's back in the court of appeal today.
'A man convicted of murdering his estranged wife in a brutal hammer attack will use the catastrophic failings of Queensland’s DNA laboratory to form part of his case for appeal.
Andrew John Cobby, convicted over the 2017 killing of his wife, claims new forensic testing on the hammer had provided exculpatory evidence which should see his conviction quashed, The Courier-Mail reports.
Cobby appeared before Court of Appeal president Debra Mullins on Tuesday morning to argue that results of new testing, prompted by the DNA inquiry, showed the hammer contained the DNA of a person “whose identity remains unknown to this day”. “So that’s why I say the fresh evidence is exculpatory because I have the results,” The Courier-Mail reports he told the court.
Doubt has been cast over thousands of criminal cases in Queensland because of flawed practices in the health department’s forensics lab.
Former Court of Appeal president Walter Sofronoff, who oversaw a public inquiry into the lab, found testing problems would have more likely resulted in cases never making it to trial rather than wrongful convictions.
Cobby’s matter will be reviewed again on March 30.'
www.abc.net.au
www.abc.net.au
It's back in the court of appeal today.
DNA lab bungle used in Andrew John Cobby appeal
8:08PM MARCH 21, 2023'A man convicted of murdering his estranged wife in a brutal hammer attack will use the catastrophic failings of Queensland’s DNA laboratory to form part of his case for appeal.
Andrew John Cobby, convicted over the 2017 killing of his wife, claims new forensic testing on the hammer had provided exculpatory evidence which should see his conviction quashed, The Courier-Mail reports.
Cobby appeared before Court of Appeal president Debra Mullins on Tuesday morning to argue that results of new testing, prompted by the DNA inquiry, showed the hammer contained the DNA of a person “whose identity remains unknown to this day”. “So that’s why I say the fresh evidence is exculpatory because I have the results,” The Courier-Mail reports he told the court.
Doubt has been cast over thousands of criminal cases in Queensland because of flawed practices in the health department’s forensics lab.
Former Court of Appeal president Walter Sofronoff, who oversaw a public inquiry into the lab, found testing problems would have more likely resulted in cases never making it to trial rather than wrongful convictions.
Cobby’s matter will be reviewed again on March 30.'
Estranged husband jailed for life for killing Gold Coast woman Kym Cobby
A Gold Coast man accused of brutally killing his estranged wife, 51-year-old Kym Cobby, in November 2017 is found guilty of murder and jailed for life.
www.abc.net.au
Police video reveals the lies a killer told as he tried to get away with murdering his wife
In what could easily be a scene from a Hollywood thriller, a police camera captures 59-year-old Andrew John Cobby spin a web of lies about the murder of his estranged wife Kym.
www.abc.net.au
BFew
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Here's the outcome of the review last Thursday.
Further DNA tests for hammer as convicted wife killer pursues appeal
www.9news.com.au
'Further DNA tests for hammer as convicted wife killer pursues appeal
3:23pm Mar 30, 2023''The hammer at the centre of a murder case against Gold Coast man Andrew John Cobby will undergo further forensic testing as he seeks to appeal his life sentence.'
'Results from the hammer's re-testing are expected in early May.'
'Convicted killer Andrew John Cobby is appealing after DNA lab failings'
'March 30, 2023 - 2:08PM''If Cobby’s appeal is granted, it will be the first high-profile case involving DNA evidence to be retested as a result of Mr Sofronoff’s explosive review.
The court was told on Thursday that Cobby had altered his appeal application and decided to no longer pursue one of the original grounds of appeal about misdirection of the jury in relation to motive.
Justice Mullins said Cobby now intended to frame his grounds of appeal “in terms of fresh evidence pertained to forensic evidence provided by Qld Health Forensic Services” report in December 2022.'
...
The Crown prosecutor said the lab had confirmed it would “endeavour to accelerate (the retesting) given the priority” of the case.
“What has transpired as a result of the inquiry is that there’s been a purchase of equipment, more sensitive equipment, particularly in the software,” he said.
“The retesting and the development of the software will assist the DNA (lab) having a more refined position.”
...
Cobby, who represented himself, also raised issue with Justice Mullins on Thursday that he was still not receiving adequate time in jail to spend preparing his legal case.
He told the court the general manager had refused him extra access to computers.
Justice Mullins told him she could only make a written request to the general manager, which she had already done, and it was up to the jail to allocate extra time.
Justice Mullins adjourned the matter but did not set a next court appearance date, explaining she would allow the parties time to wait for the new forensic report and to give Cobby time to refine his appeal grounds.
It is expected the appeal will return in late 2023.'
BFew
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So, up to another 12 years for this thread.
More than 7000 forensic samples taken from major crime scenes, such as rapes and murders, were rejected by the health department’s lab between 2018 and 2022 because they fell below a very high DNA testing threshold.
Former judge Walter Sofronoff KC, who oversaw a public inquiry into the lab, recommended in December that the government retrospectively review cases within 12 months to determine which forensic samples be retested.
About 200 cases currently before the courts have been prioritised for review and additional testing done on 50 samples, the Queensland Police Service confirmed. “At this point in time there have been no new offenders identified,” a spokesman said.
But a review of 7000 historic samples ignored by the lab for years is yet to commence. State government sources have told The Australian the retrospective review is due to commence “soon”, but the state’s DNA lab was “totally overwhelmed”.
It comes as a closed-door meeting of forensic and legal experts was last week told it could take scientists up to 12 years to clear cases affected by the lab’s bungles.
Queensland Health said the timeline was speculation, but it was not disputed by forensic experts at the meeting, including Forensic Science Queensland chief executive Linzi Wilson-Wilde, The Courier-Mail reported. Deputy Chief Magistrate Anthony Gett told a court in May there were “10,000 cases in backlog for DNA testing”, which relate to “business-as-usual cases”, not historic samples being re-examined.
...'
'Retrospective review of thousands of shelved DNA samples yet to begin'
'By LYDIA LYNCH'
'5:46PM JUNE 21, 2023
A review of thousands of forensic samples shelved during Queensland’s DNA disaster is yet to begin, putting at risk a key recommendation from a royal commission-style inquiry.More than 7000 forensic samples taken from major crime scenes, such as rapes and murders, were rejected by the health department’s lab between 2018 and 2022 because they fell below a very high DNA testing threshold.
Former judge Walter Sofronoff KC, who oversaw a public inquiry into the lab, recommended in December that the government retrospectively review cases within 12 months to determine which forensic samples be retested.
About 200 cases currently before the courts have been prioritised for review and additional testing done on 50 samples, the Queensland Police Service confirmed. “At this point in time there have been no new offenders identified,” a spokesman said.
But a review of 7000 historic samples ignored by the lab for years is yet to commence. State government sources have told The Australian the retrospective review is due to commence “soon”, but the state’s DNA lab was “totally overwhelmed”.
It comes as a closed-door meeting of forensic and legal experts was last week told it could take scientists up to 12 years to clear cases affected by the lab’s bungles.
Queensland Health said the timeline was speculation, but it was not disputed by forensic experts at the meeting, including Forensic Science Queensland chief executive Linzi Wilson-Wilde, The Courier-Mail reported. Deputy Chief Magistrate Anthony Gett told a court in May there were “10,000 cases in backlog for DNA testing”, which relate to “business-as-usual cases”, not historic samples being re-examined.
...'
In the 8 weeks since that article was posted there has been progress, albeit slow.
'A crack team of specialist police embedded inside Queensland’s DNA laboratory is set to be expanded as a historic review begins into 30,000 major crimes impacted by botched forensic testing.
Queensland Police confirmed five officers have already been assigned to the forensic lab to “assist with case management, including case prioritisation, and to ensure scientists have access to all necessary case information to maximise testing effectiveness”.'
'The speed of the review will depend on how quickly Queensland Health is able to recruit 41 new scientists into the lab. As of last week, 17 new scientists had accepted job offers with eight having actually begun work in the lab.
Health Minister Shannon Fentiman said a dedicated team had been set up to run “multiple concurrent recruitment processes to recruit both scientists and the corporate/IT/other support necessary to support them”.'
MSB ROYS
Brownlow Medallist
New episode.
This is not going away, with yet another inquiry involving conflict of interest by the new scientist in charge of the lab, going back to August 2008, that was announced yesterday.
Thousands of serious crime and sexual assault cases to be reviewed in Queensland forensic lab inquiry
A fresh inquiry is launched into Queensland's forensics DNA lab to investigate concerns about an automated DNA extraction method.
www.abc.net.au
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BFew
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The Editorial on this in THE AUSTRALIAN today on this (it also made their front page in the paper edition with 2 articles, one by Hedley Thomas)
Kurve
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A proposal for the draft laws was accelerated in the wake of the first inquiry into failings at the state's DNA forensic lab. Double jeopardy now applies to rape and manslaughter charges.
The state government has today introduced legislation to expand double jeopardy exceptions to an additional 10 offences.
These include manslaughter, attempted murder, unlawful striking causing death, killing an unborn child, rape, incest and repeated sexual conduct with a child.
www.abc.net.au
The state government has today introduced legislation to expand double jeopardy exceptions to an additional 10 offences.
These include manslaughter, attempted murder, unlawful striking causing death, killing an unborn child, rape, incest and repeated sexual conduct with a child.
Ten new crimes will be added to Queensland's double jeopardy legislation. Here's what it means
People could be retried for offences like manslaughter and rape under proposed changes to overhaul double jeopardy laws in Queensland.
BFew
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What an omnishamboliclusterduck!
Approx 50% of the 440 of 41,077 major crime cases (2007 - Apr 2023) samples tested so far, that had no DNA ID'ed originally now have DNA profiles from retesting/reinterpreting the samples.
Only another 40,000 and a bit to retest/reinterpret the results of. With the original 2-3 years to clear the backlog looking more like decades based on the hit rate of testing so far.
Approx 50% of the 440 of 41,077 major crime cases (2007 - Apr 2023) samples tested so far, that had no DNA ID'ed originally now have DNA profiles from retesting/reinterpreting the samples.
Only another 40,000 and a bit to retest/reinterpret the results of. With the original 2-3 years to clear the backlog looking more like decades based on the hit rate of testing so far.
BFew
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Some info tonight on the issue that QLD DNA lab victims are having getting support.
By LYDIA LYNCH
7:39PM APRIL 22, 2024
...
A government hotline set up for victims of Queensland’s DNA disaster has been disconnected as advocates warn those affected by botched forensic testing are not receiving the support they need and are being ignored when they ask for help.
Murder victim Shandee Blackburn’s mother, Vicki, said victims had borne the brunt of negligence at the state-run laboratory and were now left to find and fund their own professional trauma support outside basic counselling.
It comes as the Forensic Support Service helpline, spruiked by the government in its September DNA inquiry progress report for victims to access “confidential counselling and support” and on the Queensland Police Service website, has been disconnected.
Ms Blackburn, ... said victims needed greater guidance on where to go for help as well as financial assistance for specialist therapy.
“There is no targeted support for the DNA victims, certainly no trauma-informed therapy,” she told The Australian.
“These are open wounds and with the rates that they are going through the retesting, it is going to be a long time and these people are on edge, anxious and need more help.
“The anger, the hopelessness, that is a lot to deal with and I don’t think most of us can do it on our own. We can do our breathing exercises and put things in place but what we are going through, it can be quite overwhelming.”
...
Attorney-General Yvette D’Ath said ... the disconnected Forensic Support Service helpline had been taken over by DV Connect.
...
Anyone who believes they were involved in a police investigation that may have been impacted by testing problems can contact the police’s dedicated DNA hotline on 1300 993 191. For counselling, referral and support contact DV Connect on 1300 264 827.'
'Queensland DNA lab victims ‘desperate’ for help as hotline disconnected
EXCLUSIVEBy LYDIA LYNCH
7:39PM APRIL 22, 2024
...
A government hotline set up for victims of Queensland’s DNA disaster has been disconnected as advocates warn those affected by botched forensic testing are not receiving the support they need and are being ignored when they ask for help.
Murder victim Shandee Blackburn’s mother, Vicki, said victims had borne the brunt of negligence at the state-run laboratory and were now left to find and fund their own professional trauma support outside basic counselling.
It comes as the Forensic Support Service helpline, spruiked by the government in its September DNA inquiry progress report for victims to access “confidential counselling and support” and on the Queensland Police Service website, has been disconnected.
Ms Blackburn, ... said victims needed greater guidance on where to go for help as well as financial assistance for specialist therapy.
“There is no targeted support for the DNA victims, certainly no trauma-informed therapy,” she told The Australian.
“These are open wounds and with the rates that they are going through the retesting, it is going to be a long time and these people are on edge, anxious and need more help.
“The anger, the hopelessness, that is a lot to deal with and I don’t think most of us can do it on our own. We can do our breathing exercises and put things in place but what we are going through, it can be quite overwhelming.”
...
Attorney-General Yvette D’Ath said ... the disconnected Forensic Support Service helpline had been taken over by DV Connect.
...
Anyone who believes they were involved in a police investigation that may have been impacted by testing problems can contact the police’s dedicated DNA hotline on 1300 993 191. For counselling, referral and support contact DV Connect on 1300 264 827.'
BFew
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Andrew Cobby challenges murder conviction over DNA lab bungle
Andrew Cobby, who was found guilty of murdering his wife, says he should be granted an appeal after "dramatic" changes to DNA were uncovered in a review.
www.abc.net.au
'Andrew John Cobby seeks appeal for murder conviction of wife Kym Cobby over Queensland DNA lab bungle'
'Posted Tue 4 Jun 2024 at 4:18pm, updated Tue 4 Jun 2024 at 5:16pm...
The first Queensland man to challenge his murder conviction after his case was caught up in the state's forensic lab bungle says he should be granted an appeal after "dramatic" changes to DNA were uncovered in a review.
...
On Tuesday, Cobby, who is representing himself, told the Court of Appeal the new DNA results showed "dramatic" differences from those presented to the jury during his trial.
...'
BFew
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The QLD Liberal party doing a great job in weaponising the ongoing QLD DNA lab disaster in the lead up to the 26 October 2024 State Election, which they are currently clear favourites to win.
Plus more allegations of mis-management currently happening in the labs.
'The scientist who exposed Queensland’s DNA testing disaster will be appointed to over see the restructure of the troubled laboratory if the Liberal National Party wins next month’s state election'
'“Shockingly, whistle blowers are telling the LNP the lab is not independently verifying equipment, and has instead been self certifying, in spite of the inquiry’s findings.”
Plus more allegations of mis-management currently happening in the labs.
'The scientist who exposed Queensland’s DNA testing disaster will be appointed to over see the restructure of the troubled laboratory if the Liberal National Party wins next month’s state election'
'“Shockingly, whistle blowers are telling the LNP the lab is not independently verifying equipment, and has instead been self certifying, in spite of the inquiry’s findings.”
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BFew
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In the Australian newspaper today
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