Showing posts with label blood-samples. Show all posts
Showing posts with label blood-samples. Show all posts

Wednesday, November 3, 2004

Judges Blood Sample: After the fact of the fact of a hangover?

Lawyers say New South Wales Supreme Court judge Jeff Shaw should not give police his own sample of blood taken after he crashed his car near his Sydney home last month.

A doctor from Sydney's Royal Prince Alfred hospital says he clearly recalls taking a blood sample from Justice Shaw, but police say the sample is missing. [?]

The emergency doctor on duty has released a statement saying one sample was dealt with in line with protocol and placed in a box that could only be opened by police. 

So who opened the box? Officer who?

Justice Shaw was also given a sample, a procedure that is normal under New South Wales law.

A spokeswoman for the New South Wales Supreme Court has denied that Justice Jeff Shaw is meeting with the Chief Justice James Spiegelman about the car accident near Justice Shaw's home early last month.

Police were investigating the accident in the inner-western suburb of Birchgrove.

Justice Shaw was taken to hospital after the accident and a blood sample was taken to test his blood alcohol level?

Police Minister John Watkins told Parliament last week it could take three weeks for the results of those tests to be returned.

The court spokeswoman says she has been told no meeting has been planned about the accident, which is a matter for the police. [?]

But the chairwoman of the New South Wales Law Society's criminal law division, Pauline Wright, says she has never heard of a blood sample going missing before.

What would you expect from a corrupt Labor government, in the grand scheme of things? In NSW there is corruption in high places everywhere. Disparity of the law has made its mark in the eyes of the NSW community. 

Community members have noticed that there is a two-tiered system of law in NSW. One for Politicians, Judges, Police, Lawyers, Corporations and Football Players and another for Peasants, Aboriginals, Muslims and Unpopular People. 

I said hey, what's going on?

Police say a sample going missing is "extremely rare" but that's an understatement what about 'extremely negligent' and some of us would have said, 'extremely corrupt'.

If only police didn't lie then you could believe they have lost the sample but nevertheless, this is just another in a long list of failures by them. And on that basis could you ever imagine how police would diagnose your alleged 'mental illness' if they were given those powers?

Ms Wright says she does not believe Justice Shaw should give police his own blood sample.

What, the blood sample he had taken after the fact of the car accident, and after the fact of a hangover? Or the blood sample given to him by the hospital after the fact of the binge drinking, after the fact of the car accident?

She says there is a law against self-incrimination and there would also be problems for prosecutors trying to get a conviction. "For the police to base a prosecution on the second sample is awkward," she said. "The evidence trail isn't complete, in other words it's possible for that second sample to have been interfered with."

But Justice Shaw wouldn't incriminate himself surely, because he knows the law of evidence and the possible outcome of self-incrimination? Unless self -incrimination poses a lessor threat to his standing!

The St James Ethics Centre's Dr Simon Longstaff says if Justice Shaw hands over his blood sample it would create an exception to the requirement that the Crown prove its case.

"I think it's highly consistent with his duty as a judge and his duty to the court not to provide that information otherwise, in a sense, the police are let off the hook in terms of their own obligations," Dr Longstaff said.

"If they're let off the hook on this occasion then it's the thin edge of the wedge. People will start to suggest that there are other circumstances and that'll be to the detriment of us all." 

The Supreme Court says Justice Shaw has acknowledged he has a medical problem and is on leave.

Carr policy jails oldest woman
The case of a 76 year-old woman who was jailed for a year for drink driving in Newcastle last week points up the absurdity of guideline sentencing in NSW.
 
By Starsky and Hutch 3 November 04

Related:

Police to uphold law not decide mental health
A diagnosis of mental illness could be made over the phone instead of in person, and involuntary psychiatric patients could lose the right to have their case reviewed by a magistrate, under proposed changes to NSW mental health laws.

ASIO, AFP, NSW POLICE, HRMU: THREAT!
COMMUNITY URGED TO RAISE THEIR THREAT LEVELS TO HIGH ALERT! ASIO, AFP, NSW POLICE, HRMU: TERROR CELLS LINKED! LET YOU BE THE JUDGE!

BREAK AND ENTER: NSW POLICE
Police will be able to break into your home without your knowledge and no less than a common criminal not tell their victims that they are doing it.

AFP: The unlikely CRIMINAL
It was born of a bombing and it made its name after a far more devastating act of terrorism. But for most of the 25 years in between, little was known about the Australian Federal Police force or the work it did.

Police offer protection to family following gang rape allegations
The parents of a 14-year-old girl claim their daughter was gang-raped in Sydney earlier this year, and have raised concerns about corrupt policeman Detective Sergeant Christopher Laycock's review of the case.

Officer planned to kidnap alleged criminals
A senior Sydney police officer who has admitted taking money for tipping off a child porn suspect had also been planning to kidnap criminals and extort money from them, the Police Integrity Commission heard yesterday.

Policeman draws blank on fake raids
A suspended Sydney policeman has told an inquiry that he has "little recollection" of the details of fake police raids he set up.

NSW police prosecutor charged with child porn possession
A New South Wales police prosecutor has been charged with the possession of child pornography. Police spokesman Sergeant Dave Rose says that in mid-August officers were called to an Internet cafe in the Sydney central business district after a man was alleged to have downloaded child pornography.

Rockspiders: Police, Teachers, Childcare Owners, and Uncle Pervy!
Police have indicated there will be hundreds more arrests as part of Australia's largest ever crackdown on child pornography even though it is some of the police themselves? Authorities have so far charged more than 190 people with a total of 2000 offences and seized more than two million pornographic images.

Police, teachers charged in child porn bust
One-hundred-and-fifty people, including police officers and teachers, have been arrested in what the Federal Police (AFP) describe as Australia's biggest Internet child pornography bust.

Whitewash over Hickey's death
The New South Wales coroner has cleared police of any responsibility for the death of Aboriginal teenager Thomas 'TJ' Hickey. State coroner John Abernethy has dismissed claims that police were chasing or pursuing TJ Hickey when he crashed his bike and became impaled on a fence.

Redfern police need education not weapons
NSW police want new offensive equipment including long-range capsicum spray guns and modified armoured vehicles capable of spraying tear gas following a damning report on the Redfern riots in Sydney earlier this year.

Fremantle police at centre of missing cannabis claims
Western Australian Police Minister Michelle Roberts says cleaning up the Fremantle Police Station will be a big test for new Commissioner Karl O'Callaghan.

Micklebergs sue senior police officer for defamation
The Mickelberg brothers are suing a senior policeman over comments he made after their convictions for the Perth Mint swindle were quashed.

Mickelbergs win 20-year fight to clear their names
A legal battle spanning more than two decades ended today when two brothers accused of stealing more than $650,000 in gold bullion from the Perth Mint had their convictions quashed.

The filthy NSW Police Integrity Commission!
Ten years after a royal commission exposed the corruption extending to the heart of the NSW Police there has been no change in police culture, and any change would be difficult to bring about because the government is the problem.

Funding undermining witness protection: Vic police?
Hodson's security camera almost certainly recorded the approach of their killer or killers, but homicide detectives could not find the camera's VHS tape. Hodson's home security system had been reviewed by the Ethical Standards Department's technical support unit.

Anti-crime watchdog needed in Victoria: Opposition
Victorian Opposition leader Robert Doyle says the latest claims of police corruption need to be investigated by an independent crime and anti-corruption commission.

Victorians want corruption commission, poll finds
Warning: This poll does not reflect Victorians who have been directly affected by police corruption and therefore it cannot be said that Victorians believe corruption in Victoria is "limited to a few bad apples". The same as the propaganda on Four Corners [Walls?] The only bad apples handpicked and dropped on Chris Masters desk. Corruption Inc...

The words out! The government is the problem
The Federal Government says it wants to establish an independent national anti-corruption body to improve accountability in organisations like the Australian Federal Police and the Australian Crime Commission because they're corrupt. The body would have royal commission powers and be permitted to intercept phone calls.

Gangland target? Or police decoy? Refuses protection
Victorian Assistant Commissioner of Crime Simon Overland says the man who was the target of an alleged planned gangland killing has refused police protection.

Vic police chief moves to sack officers
The Chief Commissioner of Victoria Police, Christine Nixon, has moved to dismiss two police officers as part of a crackdown on corruption and says up to 20 more dismissals could follow.

Vic prosecutors to drop corruption case
The Office of Public Prosecutions in Victoria will drop drug-related charges against a suspended police officer tomorrow after an informer due to testify in the case was murdered last month.

Vic flop cop warns there's more corruption
Victorian Police Chief Commissioner, Christine Nixon, says Victorians should brace themselves for more evidence of police corruption.

Vic police corruption report tabled in Parliament
The Victorian Ombudsman's report on the Ceja Taskforce and drug related corruption in Victoria police has been tabled in State Parliament.

GIVE A DOG A BONE?
When the Ombudsman investigates police in most States and Territories of Australia they set about asking the police to investigate themselves to see if there is any validity to a complaint.

Victorian Ombudsman's power boosted
The Victorian Government has reacted strongly to continuing allegations of police corruption, with the Premier announcing a big boost to the State Ombudsman's power and resources.

Police silent on witness protection breach claim
Victorian police have been forced to defended the Witness Protection Program again, after an alleged incident involving a police informer.

Former Vic drug squad head working for NSW
It has been revealed that the former head of the disgraced Victorian drug squad is now a senior investigator at the New South Wales Police Integrity Commission (PIC).

Penalty given to police officer in corruption case under fire
The Victorian Opposition has criticised the penalty handed down to a Victorian police officer who tried to find the home address of an officer investigating corruption.

Bracks crime team 'not up to job'
Steve Bracks was "fiddling while Melbourne burns", a respected senior crimefighter said yesterday, as the state Ombudsman was attacked for being ill-equipped to tackle entrenched police corruption.

Vic corruption fighter tells of intimidation
A senior Victorian police corruption investigator says fellow officers have intimidated and threatened him.

Vic police corruption 'worst ever', former judge says
A former Federal Court judge last night described corruption in the Victoria police force as the worst ever.

Bullet threat won't stop corruption probe, police say
The Victorian police force says threats against internal investigators will not stop it from weeding out corrupt police and bringing them to justice.

Police corruption linked to underworld slayings
The chairman of Victoria's Ceja police internal corruption task force has admitted there is a link between police corruption and Melbourne's gangland killings.

Redfern drug dealers: Who is Mr Big?
A senior Redfern police officer says a flourishing illegal drug trade is the main cause of problems in Redfern's Aboriginal community, known as The Block. But just like Kings Cross it doesn't get cleaned up and the Mr Big's are living like pigs. Ha ha. That's right someone supplies and someone accumulates large sums of money and someone has targeted Redfern and allows it to flourish there.

Victoria's top cop needs a watchdog?
The Bracks Government is expected to announce new powers of investigation for the Victorian Ombudsman today. So what are they trying to say? The dog never had the power?

Bulldogs simply not the best!
SIMPLY NOT THE BEST AND DEFINITELY NOT BETTER THAN ANYONE, ANYONE I'VE MET.

Why the Bulldogs rape case failed?
AFTER two months of turmoil, the rape case against six Bulldogs rugby league players has collapsed, with police saying there was insufficient evidence to press charges. IT is the moment any investigator dreads. [Just plain rubbish and a cover-up.]

NSW Police seizing assets to bolster budgets?
Seized assets to bolster police budgets is going to place crime solving into the corporate arena. Why should they go after a common criminal who is poor? Instead they'll be searching for assets and then solving crime. After all, police budgets will depend on it.

Court accuses police of planting evidence
A magistrate in the south-western New South Wales city of Wagga Wagga says police there nearly beat a man to death, fabricated evidence about him, and later lied in court about the incident.

NSW ex-Inspector Gadget claims credibility again
Just how credible is this former cop? Small's claim on Four Corners [Walls, a government propaganda machine], tonight, [that], the Government warned about Redfern problems before the riot. Like he's Mr squeaky-clean? Bad news more like it, Small was the say anything, do anything, ex-cop from hell for Bob Carr and his cronies.

Gang-rape, police, disparity and the law..
The young woman and her friend have told police they met the players in Coffs Harbour on the evening after the Bulldogs played a trial match there and went back to the team's hotel with them.

Cops Leak: Bulldogs accused of rape at Coffs Harbour
Police are warning media outlets they may face criminal charges if they release confidential information about investigations. The call comes after the details of an assault on a woman at Coffs Harbour were read on a commercial radio station in Sydney yesterday morning.

Capsicum spray killed Brisbane man
Remember one "Flick" and they're gone. A 26-year-old man has died in Brisbane after a scuffle with police in the inner-city suburb of Highgate Hill. Police say they went to a unit complex just after midnight to speak to the man. Inspector Ian Robinson says police used capsicum spray and the man collapsed and died.

Clive Small, NSW Inspector Gadget
NSW Police has revived controversial plans for a specialist discriminative squad to tackle the wave of violent crime that has plagued Sydney's south-west for more than a decade.

Man wrongly imprisoned awarded $1m
A Sydney man who was acquitted of murder has won more than $1 million in damages for wrongful arrest and imprisonment. The New South Wales Supreme Court has agreed with Garry Raymond Nye's said that the charge was maliciously laid. Acting on a tip-off, [?], police arrested and charged the 51-year-old with the shooting murder of Roy Thurgar at Randwick in Sydney's east in 1991. He spent 16 months in custody before he was acquitted by a jury.

NSW Police Force: Bent cop Cribb should be treated no different
34-year-old police inspector Shane Cribb, who shot a man shouldn't be treated differently than any other person charged with the same offence. The Daily Telegraph this morning is calling for special consideration for the cop.

One arrested in random raids: Police
NSW Police said more than 200 officers raided homes in the largest operation ever conducted by Task Force Gain, set up to investigate gun crime in Sydney's south-west.

Random police raid terrorised residents
A police task Force randomly targeting gang warfare [and criminals green lighted by police themselves], is investigating nine murders and one disappearance, including a shooting death that sparked a dramatic random dawn raid in south-western Sydney yesterday.

Drive-by shootings: test your political IQ?
What if since the Wood Royal Commission into police corruption the drugs moved from Kings Cross to Cabramatta. Then since the the NSW Parliamentary Inquiry into Cabramatta the drugs moved to Bankstown/Greenacre. Giving police more power might just be more fuel on the fire.

NSW drug wars: family feud not responsible for shootings
New South Wales Shadow Police Minister Peter Debnam says he does not believe recent shootings in Sydney's south-west are the result of a family feud. And he's not on his own.

Police WarLords set to take over Sydney again
Police warlords are set to take over Sydney's suburbs because police are not being supervised properly.

Jailed man's conviction to be reviewed
The New South Wales Court of Criminal Appeal will today review the conviction of a man, after claims in the Police Integrity Commission (PIC) last year that police planted weapons and faked suspects' confessions.

Who is bad?
Super Rat? M5? M11? K8? N2? So I trust that some people who, with the photos and guns guessed that a jury would quickly establish a case against a profiled person whom, you just had a picture and a history of. Common knowledge? The government knew their victims would take the blame. Not just chess in court, 'moving around the pieces', but 'putting false evidence, or not enough evidence before the jury."

2,500, crooked detectives? Or a corrupt Government?
The Wood Royal Commission into police corruption. Where did the police learn their trade skills? Led by example perhaps?

How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.

This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.

Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.

Bob down and sniff my arse
These are serious invasions of privacy and draconian laws? Where are our democratic soldiers, the lawyers and the barristers who need to take on the government in the courts? Are they plastic? Or to busy feathering their nests? Or have they been cleverly purchased by this black government. Drug test police and politicians, and have the tests independently accessed.

Come in spinner? Or Come in sinner?
"You don't have, in my view very vigilant processes. I suppose it's akin to the problem of corruption within the police," he told the ABC radio. " People say there's corruption with the police (but) do you get the police to investigate problems within their own ranks?

Deeds
I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.

Truth
Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.

Honesty
What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.

Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?

Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.

Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:

Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.

Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Lanfranchi, or Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).Similarly, Peter Ryan facing the Police Integrity Commission for questions about his involvement in the demise of the dysfunctional reform unit. Chess in the court (rolling the legal system).

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').

Thursday, February 26, 2004

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.

Laura-Leigh Cameron-Dow, a Bond University "miscarriages of justice" law student working on behalf of Andrew Fitzherbert, said enough question marks hung over the DNA evidence presented at the landmark trial to give grounds for Attorney-General Rod Welford to release the samples.

However, [allegedly], no Australian legislature has grappled yet with the question of who owns DNA samples, and whether those implicated by them have the right to access them after the appeal process.

DNA yours or mine?

Fitzherbert, whose conviction is heralded as the first in Australia based on DNA evidence alone, has maintained his innocence of the savage knife murder of veterinarian and Cat Protection Society president Kathleen Marshal.

Current DNA tests show that, for example, sperm in a rape case is, [allegedly], "exceptionally unlikely" to have come from a source other than the perpetrator.

Which is why, in criminal trials, forensic experts talk about the probability that a sample came from the defendant, rather than answering "yes" or "no" when asked if it matches.

"The problem is that we will never really know how many people we've locked in prison with DNA matches are not guilty. People do regard DNA evidence as being very strong."

Even a fingerprint can be tested if skin cells from the offender's finger are left behind.

"But it could have been a cell left lounging around on the surface before the offender put their finger on the same place," Professor Shaw said.

"So there is always the question 'did it really come from that person?'. You can never be 100 percent certain."

Guilty until proven innocent

Professor Shaw said the proposed library could mean that innocent people become suspects, just because their DNA is close to that of the offender.

"If I was suspected of some crime and a DNA sample was taken and a profile stored, it's possible that at some future date, my DNA might be matched to the DNA of a suspect in a crime.

"Therefore the police would come knocking at my door and it would be very difficult to argue that I had nothing to do with that crime."

Although the chances of that happening were remote, "the more samples you get, the greater the chance that you find two samples that look the same but are not actually from the same person".

DNA = Do Not Assume - DNA Controversies!

The Australian Law Reform Commission recommended in March last year that the federal Government amend the Crimes Act to specify that it is the prosecution's duty to give defendants adequate time to organise independent testing before trial. The commission's report is still being considered.

Ms Cameron-Dow said the still emerging DNA technology was very new at the time of Fitzherbert's 1999 trial, and methods of testing, interpreting results and presenting them to juries had changed.

She said the testimony of the John Tonge Centre's forensic scientist, Ken Cox - in which he said there was one chance in 14,000,000,000,000,000 that the blood found at the crime scene was from someone other than Fitzherbert - was "not representative of his data".

Such a big figure, which has not been repeated in subsequent cases, would require almost perfect DNA "matches", which Ms Cameron-Dow said Dr Cox's results did not show. Dr Cox also limited his tests to blood samples in an area some metres from the stabbing scene. Fitzherbert wants to test samples that were never tested.

Ms Cameron-Dow said the rest of the case against Fitzherbert was highly contradictory and "hugely full of holes".

"When you build a circumstantial case the whole theory is that you build it strand by strand by strand until you get a rope, and you hang them by it," she said.

"When we have DNA evidence we have the tendency to go, 'I've got a rope and I don't need anything else'."

Comment: Anonymous

A couple of years back I had a look at the Fitzherbert case and concluded that it was almost certainly another Ken Cox stitch up (see below). Unfortunately I was unable to get any support or legal advice from Queensland to the media on it and was forced to drop it.

Part of the problem is that Fitzherbert and his supporter(s) seem to be incoherent and full of, out there, conspiracy theories. He was conspired against all right, but the rantings and ravings of his supporters are more likely to hinder him by scaring people away than help him.

Fitzherbert had the right to retest the blood samples at the government's expense at the time of trial and at his appeal, but the legal aid prisoner was never made aware of that right. He now wants to pay for the tests himself.

Saturday, December 07, 2002
Subject: Fw: R v Fitzherbert

Hi,


Today I got a rather incoherent anonymous letter from someone making various claims about Ken Cox's evidence in R v Fitzherbert.

There was a long copylist which included Owen & Karina and I conclude that it was probably prompted by the recent repeat of the 'Catalyst' program 'DNA A shadow of doubt'. The letter is more notable for its insistence that Cox lies (so therefore nothing he says can be believed) than it is for showing that he falsified evidence in R Fitzherbert.

But about a year ago I was concerned enough about what I had read in the online transcript to send the message below to Karen Fletcher, then head of Queensland Prisoners Legal Service.

Doesn't seem likely that Catalyst will be revisiting Ken Cox's standard of giving evidence in the near future but if anyone else at the ABC is following this up, please feel free to pass my contact info onto them.


================

Karen Fletcher
Tuesday, November 20, 2001
Subject: R v Fitzherbert


Hi Karen,

I've been looking into DNA evidence presented by QLD forensic scientist Kenneth Cox and am increasingly convinced that he routinely produces very dubious evidence.

One case which looks particularly shonky is the Cat Protection Society murder [R v Fitzherbert [2000] QCA 255 (30 June 2000)] where the defendant claims that Cox stitched him up.

His appeal on this basis was dismissed by Pincus, Davies and Moynihan who seem to have made every mistake in the book of misinterpretation of DNA evidence in doing so from the 'Prosecutor's Fallacy' to failing to recognise that failure to match at *any* loci implies exoneration (instead they decided that 5 matches out of nine loci was a good match).

Fitzherbert tried to appeal without the benefit of expert forensic assistance and although he seems to know he was stitched up by Cox he seems mystified as to how it was done or how to prove it (many of his allegations as to how it may have been done were completely fanciful and dismissed by the court).

Cox's graphs were used in the appeal and its hard for me to know exactly how bad the DNA evidence was without seeing them.

Was hoping you could help me to get in touch with Fitzherbert or his legal reps so that I can get my hands on a copy of Cox's evidence.

I'm pretty sure Cox is less than honest and unless he's exposed he will keep sending people down on bogus forensic evidence.


=============================

By RuFF Justice 26 February 04

Related:

Database clears up crimes but not used to clear up miscarriages?
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.

JUST BEAT IT! Govt lauds crime-solving technology?
They told him don't you ever come around here. Don't wanna see your face, you better disappear. The fire's in their eyes and their words are really clear. So beat it!

DNA testing causes debate in murder case
"Once police have some part of you like DNA, they will look further to profile you whether you're guilty or not. If they find some form of circumstantial evidence [or even flawed circumstantial evidence] to attach to your DNA they will plant the rest of the evidence on you like you had always owned it and you will be convicted and sent to jail guilty or not," he said.

Retrospective Laws: Mesmerised like a chook syndrome
What is it? This chook syndrome. Perhaps it is when we allow 800-year-old rule of law to diminish for a dictator like Bob Carr.

ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] 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.

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.

Military lawyers await probe on DNA tampering
The Army's Criminal Investigation Command said nearly 500 forensic test results from all services dating back 10 years are under review after one of its examiners allegedly faked results. About 119 of those cases pertain to the Navy and Marine Corps.

Corrupt police planting DNA evidence at crime scenes
Others have raised concerns about corrupt police planting DNA evidence at crime scenes.

Expert baffled by Falconio evidence DNA contamination
NT: The director of the Northern Territory's forensic science unit has told a Darwin court he does not know how his DNA contaminated a key piece of evidence in the Peter Falconio murder trial. [lost trial? After all he wasn't found?]

The ABC for good or evil?
He had a suspect that he wanted to find guilty based on the chances of a spouse killing a spouse which were greater in anycase, at least more likely than that of a stranger.

First Grabs To Control Our DNA
A small company in Australia has been subjected to gross denials of rights after DNA database technology was stolen from it's company. This one year saga has spawned them to form a new approach to projects of importance to all people.

Worries over DNA and racial profiling
UK: Black men are four times more likely than White men to be on the national DNA database and there is growing concern about racial profiling in criminal investigations.

Lab's Errors Force Review of 150 Virginia DNA Cases
US: WASHINGTON, - A sharply critical independent audit found that Virginia's nationally recognized central crime laboratory had botched DNA tests in a leading capital murder case. The findings prompted Gov. Mark Warner to order a review of the lab's handling of testing in 150 other cases as well.

Witch-hunt targets scientists
QLD: SCIENTISTS at the John Tonge Centre are being threatened with jail in the wake of a government hunt for the source of leaks highlighting serious problems in the forensic laboratories.

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.

Mouse Trap Game? Tried Until Guilty!
Two New South Wales Labor MPs have strongly criticised the Carr Government's proposed abolition of the 800 year old double jeopardy rule, which stops people being tried a second time for the same crime. The left-wing MPs have branded the reforms as dishonest and unjust in a formal submission to the Attorney-General's department.

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.

Murder charge first for DNA data bank link, but not the same as solving the murder As long as the the prisoners DNA wasn't planted at the crime scene. It is one thing to force prisoners to hand over their DNA and another thing to exploit it.