AUSTRALIA: ANOTHER leaked document from a quitting scientist at the troubled forensic laboratories at the John Tonge Centre slams management and processes.

Scientist Kris Bentley, whose departure yesterday follows that of forensic biologist Deanna Belzer after concerns about "inaccurate" DNA results and unvalidated equipment, issued a scathing resignation letter leaked to The Courier-Mail.

She described a "highly political climate of disharmony and divisiveness" and said concerns over inadequate staff training and new instrument validations were being brushed aside.

She said the concerns had been vindicated by the resultant excessive rate of sample retesting with massive "blowouts" in the turnaround times of major crime cases and quality assurance concerns.

Ongoing "panic management" was disrupting already-overstressed staff while scientific prowess was being downgraded "in favour of management skills".

Health Minister Gordon Nuttall has ordered a review of the management and scientific processes at the centre.

A spokesperson said Ms Bentley was a "very well respected forensic biologist".

A scientist's report leaked to this week was criticised by Griffith University's Forensic Studies director, Associate Professor Dennis Burns, who said there was no scientific basis for claims of flawed DNA profiling in criminal cases.

Professor Burns, who said he was more experienced than the author of the report, rejected concerns that the process described as flawed could call into question the evidence in court cases.

"The quality of a forensic DNA profile produced from a sample does not depend on an exact determination of the amount of DNA to be used in the analysis," Professor Burns said.

"While a narrow range of DNA amounts works best for optimal results, it does not follow that the alleged inaccuracies in DNA quantitation, even if true, will compromise the quality of the DNA evidence obtained."

Courier Mail: Confidence in forensic tests fundamental Editorial: 05mar05

BY WHATEVER measure, confidence in the integrity of DNA tests at Queensland Health's forensic laboratories, at the John Tonge Centre, and appropriate management of the centre's huge backlog has fallen well short of community standards.

It is not only the publication this week of an internal report highlighting inconsistent evidence results and unreliable testing processes which has raised serious concerns.

The resourcing of the centre and its ability to overcome the log jam hampering the work of police and the courts has been high on the complaints list for much of the Beattie Government's period in office.

The proposed review announced by Health Minister Gordon Nuttall this week only days after Queensland Health defended the system is welcome.

However, it must also be recognised as a tick for an effective campaign by the Opposition, which has been consistent in highlighting management issues at the centre.

Mr Nuttall acknowledges a climate of uncertainty has settled on the centre and says an expert from New Zealand's Environmental Science and Research facility will provide an independent review of scientific processes and management.

It is essential, however, that scientific staff have confidence that the review will examine not only the processes but whether the system on which Queensland relies is in fact the best and most appropriate for the state.

Queensland Health concedes that it does not have the cutting-edge technology often needed to determine forensic qualities necessary for a police investigation and routinely sends samples interstate.

Even putting aside the possibility that courts could raise the question of whether there was the potential for samples sent south and out of the control of the John Tonge Centre to be compromised, Queenslanders will question - as the Opposition has - the Government's resourcing priorities.

Is that a question open to the independent inquiry to comment upon? It is fundamental to the process of justice for both victims of crime and those accused of an offence that the forensic evidence on which so many outcomes rely is accurate, reliable and provided quickly.

Yet last year it was revealed that a backlog of 11,000 samples had grown to 13,995, despite a $5 million funding injection, and subjective judgments were being made to ensure work on "major crimes" was treated as a priority.

Some samples probably will never be tested. In last year's election campaign, the Government promised $11 million additional funding over three years to speed up DNA profiling.

It promised a $2.6 million link to the national DNA database and legislated to require DNA samples to be taken from all serious offenders in Queensland jails to help police in their work.

Now it must ensure that the fundamental processes and equipment at the centre can guarantee the integrity of forensic tests as well as face up to the appalling backlog by examining staffing levels, management, morale and resources at the centre.

Forensic test review ordered
Hedley Thomas 04mar05

A SWEEPING independent review of the quality and management of crucial DNA work at the State Government's troubled forensic laboratories was ordered yesterday amid fears of a walkout by scientists.

Health Minister Gordon Nuttall said late yesterday that an overseas expert would review the John Tonge Centre in Brisbane to "clear the air".

Mr Nuttall said that a scientist from New Zealand's Environmental Science and Research facility would make recommendations "that will enhance the valuable work being currently undertaken".

In an internal report leaked to The Courier-Mail this week, forensic biologist Deanna Belzer said she feared that she and other scientists were breaking the law by falsely declaring that DNA evidence was accurate.

Her report stated that a tool in the DNA measuring process had been proved to be inaccurate despite being used since last April. The concerns of scientists struggling with a huge backlog of samples at John Tonge throw into doubt evidence in hundreds of criminal cases.

Queensland Health initially played down the concerns but other scientists at the centre have now held talks with management and planned to down microscopes until the problems were resolved.

A number of scientists were angry that Ms Belzer's professionalism and her report were called into question in a closed-door meeting with state manager Peter Lewis-Hughes.

At the meeting Ms Belzer, who had begun a PhD with the Queensland Institute of Medical Research before going to John Tonge, was described by management as disgruntled.

"Queensland Health managers regard themselves as gods - and they always shoot messengers if they don't like the message," a scientist at John Tonge said. A Queensland Health spokesman said last night he was unaware of any proposed industrial action.

Mr Nuttall said a climate of uncertainty had been created and... "it is important for us to reassure the public that they can have faith in forensic sciences".

Mr Nuttall and Premier Peter Beattie previously had pledged to fix fundamental problems at John Tonge by spending more money on staff and equipment.

"I believe the review is in the best interests of the justice system and the people of Queensland,"

Mr Nuttall said. Tiny amounts of DNA are extracted from crime scenes by scientists and technicians at John Tonge who compare them with the DNA of suspected rapists and killers.

Ms Belzer's leaked report stated guidelines had clearly been breached when "a critical instrument in the DNA analysis procedure has not been validated and, further, proven to be inaccurate.

"I question if we are breaching the Justice Act when we sign statements which declare all information in the foregoing pages are accurate to the best of the scientists' knowledge," she wrote.

DNA evidence at risk of unravelling
Phil Bartsch and Greg Stolz 04mar05

A CONVICTED armed robber's application for a royal pardon because of alleged faults with DNA evidence could be the first of many calls for clemency from people jailed in Queensland based on flawed scientific evidence, it was claimed this week.

Several high-profile lawyers said that as a result of allegedly inaccurate testing of human DNA at the troubled John Tonge Centre in Brisbane, "many injustices may have already occurred".

The claim follows revelations in The Courier-Mail from a leaked document exposing "inconsistent" evidence results and concerns of centre staff that the strict regulations of Australia's peak scientific testing body NATA had been breached.

"DNA is a very precise and expert science. Judges and barristers and juries don't know anything about DNA,"

Gold Coast barrister Sean Cousins said. "So when an expert tells you 'X, Y and Z' you just accept it.

But what we're now discovering is that errors are being made."

Premier Peter Beattie said he had been assured the testing process was not compromised, that the equipment had been extensively tested and validated and the facility was subject to regular inspections by NATA.

Police Commissioner Bob Atkinson also backed Police Forensic Services Laboratory director Superintendent Paul Stewart.

"He has absolute confidence in the quality of the testing regime at the John Tonge Centre and that's good enough for me,"

Mr Atkinson said. However one of Mr Cousins' clients, Marc Renton, has claimed for the past eight years that he had been convicted of two armed robberies based on flawed DNA evidence from the John Tonge Centre.

Renton was jailed for 14 years in April 1997 for what were dubbed the "Bonnie and Clyde Robberies" - a series of armed hold-ups he allegedly committed in Brisbane and on the Gold Coast with a female accomplice.

The backlog at John Tonge has also led to a huge backlog in lower-priority cases. Desmond Caling, of Sunnybank in Brisbane, said after 10 months he was still waiting for DNA testing which could nab thieves who broke into his house and stole $50,000 in cash and jewellery.

Police found a stolen car with some of his property dumped at Redbank Plains in Ipswich, but the trail went cold until a neighbour found a bag in a nearby park with more of Mr Caling's property in it.

"There was a bloodied bandage which we took to police to see if it could be DNA-tested," he said.

"We were told it would take five months before they heard anything back because (John Tonge) had to prioritise murders and rapes first."

Gold Coast lawyer Chris Nyst said potential flaws in DNA testing had long been a concern.

Mr Nyst, a founding member of the Innocence Project which works to free wrongly convicted prisoners from state jails, said the centre had been "surprisingly reluctant" to provide DNA samples.

From: Alison Walsh, Springwood NSW Comment:

Re Hedley's 'Forensic Lab review' story.

It amazes me that a review of this type, which is many years overdue, is to be done by an 'overseas expert'. Is this a ploy to keep the whole matter quiet within Australia?

We have an abundant supply of internationally renowned scientists here.

Is the QLD Government too parochial to accept help readily at hand?

Other states would have to speak for themselves, however, in NSW, Dr Brian McDonald or Prof Barry Boettcher are much closer and amply qualified for this task.

Professor Boettcher has offered to assist the Attorney General, the Premier and the Governor of Qld understand the errors made (at the John Tonge Centre) in the Wayne Butler case.

He has received no feedback re this offer. Why?

We know we have one innocent man in prison because of mistakes made: given the contents of Ms Belzers' leaked report, there are likely to be more.

I would venture to guess that a complete whitewash will be the outcome of this review, if indeed it ever takes place. Come on, Mr Welford, have the courage to do the right thing, and quickly.

Subject: Forensic test review ordered :
04mar05 From: Lincoln Hudson,

Brisbane Comment: Regarding the accuracy or otherwise of DNA evidence at a crime scene, did anyone else see the ABC program recently that showed how easy it is to frame someone else with DNA evidence?

All that you need is a DNA sample from the person that you want to frame, for example a piece of hair taken from their jacket collar.

Then in a process thats said to be easier than brewing up a batch of ecstasy, you replicate the DNA from the sample so that you end up with lots of it (and we know that this will be relatively easy given the numbers of garage drug labs around).

Put the brew in a spray bottle, and at your crime scene, spray every surface that you might have put some of your own DNA on (even blood stains).

The police come along and take samples, and all they can see in their testing is the DNA that you brewed up from the person you wish to frame. Because the police and the legal profession have minimal understanding of the technology, they are reluctant to question its accuracy, and treat the DNA evidence as faultless.

The recipe for the perfect crime perhaps?

DNA test doubts Hedley
Thomas 01mar05

A LEAKED document exposing flaws in the testing of human DNA at the troubled John Tonge Centre in Brisbane has thrown into doubt the evidence in hundreds of criminal cases.

Scientists at the centre fear they are breaking the law by falsely declaring in evidentiary certificates that accurate results are being produced and that the equipment is reliable.

The centre's scientists and technicians extract tiny amounts of DNA from crime scenes and compare them with the DNA of suspected rapists and killers.

But officials have expressed concern that the strict regulations of Australia's peak scientific testing body NATA, which can strip the centre's accreditation, have been breached.

In an internal report, forensic biologist Deanna Belzer recommended a major independent audit of "inconsistent" evidence results for the past 12 months as well as the testing process.

The concerns follow pledges by Premier Peter Beattie and Health Minister Gordon Nuttall that the centre would be fixed with more funding and staff to cope with a huge backlog.

People accused of serious violent crimes have been convicted and sentenced on the strength of compelling evidence from the centre, which was promised an extra $11 million in funding plus extra scientists and equipment.

In her internal report dated February 12, Ms Belzer wrote of "repeated suspicions and concerns of staff" regarding the accuracy of a fundamental process in the testing of DNA.

Her report states that a study presented to staff on January 5 had vindicated scientists concerned about the accuracy of the testing process, known as quantitation.

"Clearly, NATA guidelines in this instance have been breached when a critical instrument in the DNA analysis procedure has not been validated and, further, proven to be inaccurate.

"I question if we are breaching the Justice Act when we sign statements which declare all information in the foregoing pages are accurate to the best of the scientists' knowledge."

A Brisbane-based forensic analysis expert consulted by The Courier-Mail yesterday, Carol Mayne, said the internal report was of serious concern and should prompt a top-down review at the centre.

She had previously studied Ms Belzer's scientific work and found it highly professional.

Ms Belzer wrote that the use of the testing kit since April last year before it was validated had led to "an overwhelmingly high financial cost and an inefficiency in reporting results within reasonable turnaround times".

Sources close to the John Tonge Centre said Ms Belzer's decision to resign last week was influenced by her concerns.

She has refused to comment. Queensland Health described the testing system as "non-essential" and said it had no bearing on the DNA profile or result.

A statement did not address concerns whether the Evidence Act was being breached or whether results were being found to be "inaccurate".

"The equipment was introduced to save money and time in processing crime scene samples," the statement said.

Senior police have been alerted to the concerns and sought further details.

A statement said Police Forensic Services Laboratory director Superintendent Paul Stewart had "every confidence in the procedures".

Under the Evidence Act, a DNA analyst must produce an evidentiary certificate for any sample used in criminal proceedings.

The certificate confirms "that the records indicate that all quality assurance procedures for the receipt, storage and testing" of the evidence were followed.

It also confirms that the equipment used is taken to give accurate results.

The National Association of Testing Authorities had not been forwarded the report by Ms Belzer nor heard the concerns of staff over the testing process, sources said.

Related:

DNA leads 'CSI' cold-case squad to first arrest?

I agree it looks bad. A bunch of NSW cops in the media spotlight to solve old cases for which a lot of the evidence will be gone and no one will be able to confirm alibis any more. Sounds like a recipe for dodgy investigations and unsafe convictions to me. But that's hardly anything new in this state.

More:  http://www.melbourne.indymedia.org/news/2005/01/86408.php