Victoria Police to resume DNA analysis

 
Tuesday, 12 January 2010 12:30
 

A national agreement and endorsement by three international forensic experts, has led Victoria Police to announce today it is in a position to resume DNA analysis.

The move comes after Victoria Police met with forensic experts from all Australian jurisdictions and New Zealand late last year and developed an agreed standard for the interpretation of DNA.

As part of the process, Victoria Police also engaged three internationally recognised forensic experts to independently review and endorse the proposed interpretative method. New interpretative guidance and computer software will support this aim.

In addition to this, they provided guidance about how this evidence should be presented to court in any criminal proceeding.

Leading the review is Professor Jim Fraser, Director of the University of Strathclyde’s Centre for Forensic Science in Scotland. He is being assisted by internationally recognised DNA experts Peter Gill and Dr John Buckleton.

Prof Fraser’s Terms of Reference were to:

  • Review the recent alteration in DNA reporting practices at the Victoria Police Forensic Service Department with particular reference to the rationale for change, implementation methodology, implications for investigative use and implications for presentation in court.
  • To advise on a national standard for DNA interpretation and reporting.
  • To make relevant recommendations on the above issues and other related issues.

The scientists reported interim findings and recommendations yesterday, with Professor Fraser and Dr Buckleton travelling from overseas late last week to undertake the work.

The new national minimum technical standard for DNA analysis is aligned with their recommendations. Prof Fraser and Dr Buckleton met with Chief Commissioner Simon Overland late yesterday and advised him that Victoria Police should resume DNA analysis, as the new and agreed process is sound.

They have also briefed the Director of Public Prosecutions.

Deputy Commissioner Sir Ken Jones said at this stage there is no evidence to suggest that Victoria Police has presented DNA evidence in a manner which has prejudiced or disadvantaged a defendant.

Deputy Commissioner Sir Ken Jones said in the interests of transparency, the Chief Commissioner had asked Prof Fraser to compile a report regarding the independent review. Some elements of this report will be made available to the public at a later date.

The national agreement was developed after Chief Commissioner Overland issued a direction to all forensic services staff on 10 December last year, stating that no statements or evidence be provided to any parties in relation to DNA interpretation.

This meant that no DNA evidence was to be presented to the courts as part of any cases until further notice.

When making the December announcement, Chief Commissioner Overland said the direction had been issued after Victoria Police identified issues with the statistical model it used when interpreting DNA.

At the time, Mr Overland stated that he was absolutely confident in the science and the integrity of the DNA.

Mr Overland tasked Deputy Commissioner Ken Jones with ensuring that a national consensus was reached with regards to DNA analysis so that Victoria Police could get back to business as usual.

Deputy Commissioner Jones said Victoria Police had engaged the best possible forensic experts to advise on these new national standards and find a way forward.

He thanked them for sharing their expertise and experience and enabling Victoria Police to rectify the issue in a timely and thorough fashion.

“As we have said in the past, the community should still have the utmost confidence in DNA. This matter relates to advances in technology which led to more sensitivity in DNA, requiring more demanding interpretation.

“It is vital that we protect this vital evidentiary tool. That is why we have addressed this issue with such urgency and with the guidance of internationally renowned forensic experts,” Deputy Commissioner Sir Jones said.

“This supports our aim to reach a nationally recognised, endorsed method and we can now keep up with changes in the science in a more consistent and appropriate way.”


 BACKGROUND:

  • Professor Jim Fraser has significant experience in strategic and policy matters in relation to forensic science in the UK and internationally and has advised a range of agencies on forensic, scientific and investigative matters, including the Association of Chief Police Officers, Her Majesty’s Inspector of Constabulary, the Home Office and the Scottish and Westminster Parliaments.
  • Dr Buckleton is based in New Zealand, working with Environment Science and Research and specialises in low level DNA. He is currently providing advice to police in the United Kingdom and the Home Office.
  • Peter Gill is an internationally recognised DNA expert, based at Strathclyde’s Centre for Forensic Science in Scotland. He is currently providing advice to police in the United Kingdom and the Home Office.

Statement from Chief Commissioner regarding DNA interpretation by Victoria Police Forensic Services

 
Wednesday, 09 December 2009 14:52
 
•    Late yesterday, following a number of briefings, I issued a direction that until further notice Victoria Police Forensic Services Staff will not be providing any statements or evidence to any parties in relation to DNA interpretation.

•    This means that no DNA evidence will be presented to the courts as part of any case until further notice.

•    It is our understanding that this will impact on only a handful of cases between now and Christmas.

•    The courts will close shortly and will not re-open until mid-January by which time we hope to have this issue resolved.

•    The reason why I have taken this action today has nothing to do whatsoever with the integrity of the DNA.

•    Let me make it clear, I am absolutely confident in the science.

•    This issue relates to the actual statistical model used in the interpretation of the evidence.

•    Essentially the model we use to interpret DNA has not kept pace with the breakthroughs in the technology, which now allows us to obtain profiles from DNA which were previously beyond our scientific reach.

•    Victoria is at the forefront of this issue nationally because we have adopted these changes in the science, whereas other states have not at this point in time.

•    This has meant that we are now out of step with current national practice – we have essentially gotten ahead of ourselves.

•    I have directed that no statements are to be provided or evidence given by Forensic Services staff in DNA matters whilst we review the standards.

•    Later this month a national working party of forensic experts will be meeting to assist Victoria in reviewing the standards.

•    We have also approached a leading world expert to assist with validation of the interpretation method that is being developed.

•    I have asked Deputy Commissioner, Ken Jones to oversight this process.

•    This will enable us to reach an agreed position on interpreting the science generated by this new technology.

•    Importantly, advice provided to us by Forensic Services is that this issue impacts only on cases from the middle of September this year.

•    We will be reviewing those cases in consultation with the Director of Public Prosecutions to establish if any are affected.

•    I briefed members of the legal community last night including the DPP, and have informed Government.

•    Whilst I understand people may have concerns about the implications of this decision, I want to make it very clear that the DNA is not in question here. The community should continue to have confidence in the science. This is about ensuring that we meet our responsibility of providing the best evidence we can in the interests of justice.

•    I will do everything within my power to ensure that this matter is clarified in time for the resumption of the courts in 2010.