He was jailed for six years in 1989 after being found guilty of raping a woman acquaintance in Largs. Appeal judges said new evidence had shown a risk of cross-contamination of samples used for genetic profiling. His case was one of the first in Britain where the technique was used to secure a conviction.
Conviction quashed
The victim, who knew Mr Kelly well, did not identify him as her attacker. The most important evidence for the prosecution at the trial was DNA material from stains found on the woman's dressing gown.
Three judges at the Court of Criminal Appeal in Edinburgh have now ruled that his conviction should be quashed. The Lord Justice General, Lord Cullen, said new evidence showed that there was a risk of cross-contamination of samples in the procedures used for genetic profiling at the time. He has established the existence of evidence which is of such significance that the fact that it was not heard by the jury constituted a miscarriage of justice.
Lord Cullen
"DNA evidence was plainly of critical importance for the conviction of the appellant. If the jury had rejected that evidence there would, in our view, have been insufficient evidence to convict the appellant.
Accordingly, while the evidence related to a low risk of cross-contamination, the magnitude of the implications for the case against him were substantial.
For these reasons we have come to the conclusion that he has established the existence of evidence which is of such significance that the fact that it was not heard by the jury constituted a miscarriage of justice," he said.
Mr Kelly's case was sent back to the appeal court after being investigated by the Scottish Criminal Cases Review Commission.
DNA testing
His counsel, Scott Brady QC, argued that there was significant additional evidence relating to cross-contamination of samples. At the time, samples from the victim and the suspect were loaded into laboratory wells on either side of a well containing the crime scene sample. It was claimed that there was a risk of the sample from the dressing gown stain becoming contaminated with the sample from the suspect.
The method of DNA testing was changed in 1990, with crime scene and reference samples no longer being placed next to each other.
An expert told the appeal judges that American laboratories had become aware of a danger of cross-contamination if there was not an empty well between samples.
By Just Us posted 11 August 04
Updated 2009: DNA Links:
Fresh swipe at DNA labs
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.
DNA leads 'CSI' cold-case squad to first arrest?
Frozen case? I don't really know what to say about them until they come up with their case. They say it involves DNA evidence but that's the only stuff we know.
Criminal's DNA filed under relative's name
The New South Wales Opposition is calling for an investigation into claims that police have entered DNA data for serious offenders under incorrect names.
DNA fingerprinting 'no longer foolproof'...
The genetic profiles held by police for criminal investigations are not sophisticated enough to prevent false identifications, according to the father of DNA fingerprinting.
THE BUTLER DIDN'T DO IT!
PROFESSOR BARRY BOETTCHER: Now, there should be a law enacted within Queensland so that when cases come up like this they can be brought to attention and if an appropriate authority such as a judge of your Supreme Court considers that it merits further inquiry, an inquiry be ordered.
'Rape' officer clears his name
UK: A former policeman has been cleared of rape after protesting his innocence for 15 years. Judges at the Court of Criminal Appeal in Edinburgh ruled that Brian Kelly, 47, had suffered a miscarriage of justice over crucial DNA evidence.
New unit investigates unsolved deaths?
A new police unit has been established to investigate more than 360 unsolved deaths in New South Wales, with many of the deaths dating back more than 30 years.
Prisoner's bid for review denied
Prisoner Roger Cheney has lost a Supreme Court action to have a judicial review of his 1993 convictions an 30-year jail sentence. Justice Shaw said he was concerned about the prisoner's claim that DNA evidence held by the police could prove his innocence. Although Cheney had requested the results of the DNA tests, he had been denied access to the forensic analysis.
QLD Prisoners DNA Bid THE curious case of Queensland's "cat lady" murder is set to test the state's legal authorities again, with the man convicted of the killing asking the Attorney-General to take the unprecedented step of releasing blood samples for DNA retesting.
Database clears up crimes?
NSW Police Minister John Watkins said at the launch of a Sydney conference of international forensic experts meeting to mark 100 years of fingerprinting in NSW. He said the collection of DNA from prisoners and suspects in NSW during the past two years had led to more than 5,400 matches on the forensic database.
A Question of Innocence
Katrina Bolton: The promise of DNA freeing the innocent as well as convicting the guilty has been repeated by politicians across Australia, usually while DNA laws are being expanded. The promise was made as a national DNA database, ‘Crimtrac’ was created, and it was made as NSW introduced legislation giving unprecedented powers to take DNA samples from prisoners, by force if necessary.
Weak Carr Government suspends Innocence Panel
It's a callous disregard for justice! The panel takes applications from convicted prisoners for DNA evidence to be analysed a move that may help in a future court appeal.
JUST BEAT IT! Govt lauds crime-solving technology?
The New South Wales Government says advances in crime solving technology are helping the progress of hundreds of police investigations.
DNA testing causes debate in murder case
The use of voluntary DNA testing in the investigation of a murder case in New South Wales has been applauded by victim support groups who are ill informed about the process said Justice Action's spokesperson Gregory Kable.
Abolition of double jeopardy law a political stunt: NSW Opp
Why draconian laws? What about the re-trial by media that goes along with it? Twice shy?
ARE YOU INNOCENT?
The NSW government has finally appointed somebody (Justice John Nader) to head up its Innocence Panel and has produced leaflets and forms for people convicted of serious crimes (eg murder) to apply for DNA testing if they believe it may help prove their innocence. You can get the info by phoning 1300 881 717 or writing to the panel at GPO Box 45 Sydney NSW 2001.
Is the Westminster System flawed?
Most people would say Lady Di got the boot and NSW has so much trouble getting the Innocence Panel moving. I said hey, what's going on!
Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank. The Herald reported 25 Nov 02 "a DNA saliva swab led to the charging of a former prisoner with the bashing murder of a woman. Police had been unable to find any witnesses or suspects following the murder in Sydney's inner city two years ago. Detectives had admitted they faced a tough job finding the killer."
Prisoners can prove innocence for $20
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.
DNA yours or mine?
Now they have isolated two genes that they say tells you if you're more likely to be depressed. What does that mean? It could mean that you should stay in jail because you are more likely than not to continue your offending behaviour according to a Department of Corrective Services Forensic Psychiatrist.
DNA = Do Not Assume - DNA Controversies!
The national DNA database of all known offenders proposed by Prime Minister Tony Blair could mean that innocent people will be accused of crimes they did not commit.
DNA Evidence of Bipartisanship
Last week the U.S. Congress passed the Justice for All Act, which includes provisions of the Innocence Protection Act. As of this posting, the legislation has not yet been signed by President Bush. Attached is an analysis of the legislation prepared by the Justice Project.
DNA - A Shadow of Doubt
One case points to misinterpretation of evidence that helped put a man behind bars. The other shows just how easy it is to plant falsely incriminating DNA evidence. As our forensic techniques become ever more sensitive, so the possibility of abuse continues to grow.
Here come de Judge - Time to Leave [266]
There have always been examples of rulings and interpretations that have supported the saying "The law is an ass". This is increasingly the case, because even the best intentioned judges are now facing an avalanche of new technologies and social change. But, it is no good making excuses for the judiciary and continuing to accept their strange interpretations. We must recognise that not only judges but the whole legal system will struggle more and more. In the end the whole system will become a farce. This is the way empires end.
2nd Renaissance -15 The Rabbits And The Wolves [180]
Historically, there have been periods when legal distinctions between animals and humans have been blurred. For instance, in medieval Europe, in the 14th and 15th centuries, numerous trials and executions of animals occurred. One source identifies 34 recorded instances of pigs having been tried and cruelly put to death. Besides pigs; rats, chickens, goats, and bees were similarly tried. Some of the pigs were fully dressed in human clothes at the time they were, inevitably, found guilty. In one case a vicar excommunicated a flock of sparrows that infested his church. All this happened despite the theological stance that animals had no soul, and no morals or conscience. They could not really be guilty of transgressing the Rule of Law.
