Unfaithful Lees admits taking drugs, court told

AUSTRALIA: NT: Key witness Joanne lees, has testified in the Northern Territory Supreme Court to smoking Marijuana on the night her boyfriend Peter Falconio went missing.

Yesterday she told the court how unfaithful she was to her boyfriend and that she'd even had an affair. But for some reason Lees wasn't a suspect in her own boyfriends killing?

Show trial

Lees has accused Bradley John Murdoch of Peter Falconio death but until the alleged strong DNA evidence appeared late in the police investigation there was probably no case at all.

DNA results that just happened to appear now place Bradley John Murdoch at the crime scene and no doubt have helped the police case against the accused.

Murdoch: Ambushed by Prosecution

DNA 'links accused to Falconio camper' ?

AUSTRALIA: NT-Through the smell of an oily rag - A FORENSIC expert allegedly has produced vital evidence ahead of the Peter Falconio murder trial linking his alleged killer to the camper van driven by the dead man and his girlfriend, Joanne Lees?

Surprising!

Dr Jonathan Whitaker, a British DNA expert, told a pre-trial hearing that a new testing technique had identified fragments of DNA belonging to the accused, Bradley John Murdoch, at the crime scene. It is the first time that the damning DNA evidence has been heard, because previous orthodox forensic tests by Northern Territory officers had proved inconclusive?

Crown prosecutor Rex Wild QC said DNA obtained from a blood stain on Ms Lees's t-shirt, Mr Falconio's former girlfriend, matched that of the accused Bradley John Murdoch.

But he never said the police had planted it and of course that has to be one of the leads to be followed up by the defense in the tourist industry show trial between Corporate Australia, Joanne Lees, and Bradley John Murdoch.

This means a lot for the tourist industry and the corporate giants have their hands dirty already. Ch/9 stalled the committal hearing early in the case so they could argue that court material should be heard in public and not in camera.

Stalled Falconio Committal to resume

Channel Nine have no rights whatsoever to delay the case of a person accused and in custody. Mr Bradley Murdoch should seek damages after the committal against Ch/9 to prevent further interference by corporate media giants who no doubt have a conflict of interest making news instead of reporting news and also having a corporate interest in tourism and $$$$$$$

Wild told the court that Murdoch's DNA was also identified on the gearstick of Mr Falconio's kombi van and on the hand ties that were allegedly used to bind Ms Lees on the night her boyfriend went missing.

Again no mention that the evidence could easily have been planted by police late in the investigation to help solve their case.

Forty-seven-year-old Bradley John Murdoch has pleaded not guilty to the murder of Peter Falconio and the assault and deprivation of liberty of Joanne Lees.

The court heard that Bradley Murdoch had a haircut and shave within a day of the British traveler's disappearance but most men have a shave everyday so how this is so suppose to be some type of evidence is bewildering and can only be seen as mind-set 'evidence' that men take personal care of themselves, surely. I mean I shave everyday.

Mr Wild said that a day after Mr Falconio went missing; Bradley Murdoch was driving through Central Australia to Broome. He said when Murdoch arrived in Broome; he had a shave and cut his hair.

But Joanne Lees who was stoned out of her brain on dope and who'd had a recent affair, had a better motive for the killing and could easily have committed the crime herself. So why wasn't she the main suspect?

Tall tale?

Mr Wild told the court that Mr Falconio and Ms Lees were traveling on a remote stretch of highway north of Alice Springs when the driver of a second car urged them to pull over.

He said Mr Falconio got out of the couple's kombi van to speak to the man. Mr Wild told the court that after hearing a loud bang, like a gun shot, Ms Lees was tied with cable ties by the man accused of murdering Mr Falconio.

She asked the man if he was going to rape her and if he had shot her boyfriend. The court heard Ms Lees was forced into the back of the man's van but managed to escape and run into bushes.

The prosecutor said she waited in the dark for about five hours until she felt safe enough to flag down a truck on the highway. The court has also heard evidence from Mr Falconio's brother and father.

The family members told the court they had not heard from Peter Falconio since the night he went missing more than four years ago.

But Joanne Lees was a more likely suspect even though she told the court she identified Bradley Murdoch as her attacker during last year's committal hearing and from a photo board.

Falconio beatup compromises NSW DNA laws
ABC 20 June 2002

The NSW government has used the recent media beatup surrounding DNA testing of 'a person of interest' in the Northern Territory Falconio murder investigation to neutralise protections contained in the NSW Crimes (Forensic Procedures) Act.

The Crimes (Forensic Procedures) Amendment (Corresponding Laws) Regulation 2002 takes advantage of a deliberate loophole in Section 95 of the Act which allows DNA legislation in other jurisdictions to be declared 'corresponding laws' - thereby permitting free flow of DNA database information between law enforcement agencies.

All Australian Federal, State and Territory legislation governing forensic DNA collection, analysis and use has been declared 'corresponding law' by NSW Attorney General Bob Debus - in spite of the fact that several of them contain none of the protections of the NSW Act.

Under the Northern Territory Police Administration Act people can be forced to submit to police DNA testing for summary offences such as 'failing to cease to loiter'. Once tested their DNA profile stays on the police database forever, where it is used in attempts to link the subject to unsolved offences. Volunteers and victims of crime are also liable to have their DNA used to implicate them in unsolved crime.

The Northern Territory is also the only Australian jurisdiction where police DNA testing is carried out in a laboratory which does not meet NATA accreditation standards. Its senior forensic scientist is Joy Kuhl, who first achieved notoriety for her part in the wrongful conviction of Lindy Chamberlain.

In NSW, by contrast, only those suspected or convicted of serious offences can be forced to provide DNA. If they are found innocent, have their convictions overturned or are not charged within a year their profiles and samples must be 'destroyed' (i.e. deidentified).

However the declaration of the new regulations now means that NSW police can 'launder' tainted DNA evidence through their NT colleagues.

Even when NSW police are required by law to 'destroy' a DNA profile they can rest easy in the knowledge that a shared copy remains on the NT police database and will shortly be 'shared' back to NSW. Those not liable for forced DNA testing under NSW laws might be picked up while visiting another state and forcibly tested for 'abusive language' or 'failing to cease to loiter', with results of the test relayed back to the NSW database.

The NSW government has taken advantage of the arrest of 29 year old Michael Sorrell for the stabbing murder of Michael Furlong in Smithfield on June 3 to create an artificial atmosphere of urgency and stifle debate of the new regulations.

Sorrell is described as a 'person of interest' in the shooting and presumed murder of Peter Falconio near Alice Springs in July last year, in spite of the fact that he does not match the description of eye-witness, Joanna Lees.

NSW police received DNA recovered from the crime scene in August last year and could have compared it with Sorrell's at any time without needing to alter NSW regulations (there are no restrictions in either NSW or the NT on the use of crime scene DNA).

According to a report in the [Un] Australian, Mr Sorrell has been forcibly DNA tested over 50 times since he was picked up. He is believed to have been in Queensland when Falconio was killed but a 'misinterpreted telephone conversation between territory and NSW police' resulted in him being seen as a potential suspect.

Michael Sorrell was finally cleared of involvement in the murder of Peter Falconio on June 15, when NT police announced no match between his DNA and the murder scene. But NSW citizens have now permanently lost the few protections they previously enjoyed under the Crimes (Forensic Procedures) Act.

By Amanda Mortein 18 October 05

Related:

Murdoch: Ambushed by Prosecution
AUSTRALIA: NT-Through the smell of an oily rag - A FORENSIC expert alledgedly has produced vital evidence ahead of the Peter Falconio murder trial linking his alleged killer to the camper van driven by the dead man and his girlfriend, Joanne Lees?

Day set aside for Falconio forensic evidence
More than a day has been set aside in the case of the man accused of murdering British backpacker Peter Falconio to hear evidence from a Northern Territory forensic scientist. Yesterday the Darwin Magistrates Court heard from mechanics and friends of the defendant Bradley John Murdoch.

Mr Bradley Murdoch to go on trial next year!
The alleged man is not the alleged Falconio killer in my book. He's alleged to have committed a crime but the Faloconio mystery remains a secret to be unlocked by time itself and more interestingly may never be unlocked at all.

Falconio magistrate closes court
THE hearing into the murder of British tourist Peter Falconio has been closed to the public. Magistrate Alasdair McGregor has closed the court for part of the testimony of Mr Falconio's girlfriend Joanne Lees.

Ch/9 News? Or Ch/9's Department of Public Prosecutions?
Bradley Murdoch committal, lawyer calls for fair hearing
The lawyer of the man accused of murdering British backpacker Peter Falconio has spoken to the media in Darwin.

Peter Beattie nominated as Australian of the year: Howard
Bradley Murdoch the man alleged to have murdered English tourist Peter Falconio who has been acquitted of rape and abduction charges in the South Australian District Court.

Tourist dollar drives set-up for crime
The man alleged to have murdered English tourist Peter Falconio has been acquitted of rape and abduction charges in the South Australian District Court. Bradley John Murdoch, 45, was charged with two counts of rape, two counts of false imprisonment and two counts of indecent assault after an alleged incident in South Australia's Riverland in August last year.

Supreme Court rejects Nine appeal
CHANNEL Nine lost a Supreme Court appeal today to have a suppression order on details of the case of missing backpacker Peter Falconio lifted. The Full Bench of the NT Supreme Court today ruled Magistrate Alasdair McGregor had the power to make the order banning from publication some details of the case.

Falconio magistrate closes court
THE hearing into the murder of British tourist Peter Falconio has been closed to the public. Magistrate Alasdair McGregor has closed the court for part of the testimony of Mr Falconio's girlfriend Joanne Lees.

Innocent until proven guilty? Not in Australia's outback!
There is no way that Bradley John Murdoch can get a fair trial in the Northern Territory. The entire jury pool is already contaminated, the general public have accepted the verdict of the Northern Territory News and the NT Police State has turned on the cone of silence. Maybe some of the reporters might want to ask Director of Public Prosecutions Rex Wilde QC just how he is going to secure a conviction when a body has not been found. Surely the NT bureaucracy learnt from the Lindy Chamberlain case that it is not a good idea to jail someone for murder when you haven't got a body. Maybe they have the same people working on the case. The NT Police forensic team certainly do.

Taken "A Dingo Took My Baby!"
They were the words that Lindy Chamberlain had screamed out into the blackness of the cold night in a camping ground close to Ayers Rock, Central Australia, on the night of August 17, when she discovered that her nearly ten-week-old baby, Azaria had been taken by a dingo.

Man Says He Shot Dingo That Snatched Baby SYDNEY, Australia (July 5) - A distraught mother's scream 24 years ago that a dingo snatched her baby from a camp site near Ayers Rock in the Australian Outback ignited one of Australia's most enduring mysteries. An elderly man's claim that he retrieved the infant's bloodied body from the jaws of the wild dog has revived the case and - if true - could finally lead to the discovery of Azaria Chamberlain's body.

Australia to see the light on tourism
A total of $120 million has been earmarked for the campaign's international marketing, which tops up the Australian Tourist Commission's annual budget of $90 million. The inbound and domestic tourism industry contributes $70 billion to the economy and employs 500,000.

Ten reports $76.9 million profit
The Ten television network has reported a full-year profit of $76.9 million. Even if it were down by half on the previous year they're still greedy self-interested people who care little about the real damage done, not just in Australia but the world. That profit is obviously on top of wages and expenses yet they're still greedy enough to turn the news upside down to suit the Howard government's investment in advertising.

DNA Links:

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.

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.

I tracked down Janine's killer, says MP

A Miscarriages of Justice ... MP Peter Breen and Inset Innocent Stephen Wayne "Shorty" Jamieson cemented into Goulburn Prison for Life and Victim Janine Balding.

This time last year, Peter Breen came face-to-face with the man he suspects of raping and murdering a 20-year-old Sydney bank teller, Janine Balding, in 1988 and getting away unpunished.

Homeless and living on Brisbane's Queen Street Mall, "Shorty" was an easy mark for Mr Breen because he was wearing the same black clothes he was questioned in by Sydney detectives 15 years ago. "I went up and talked to him; he told me who he was and we had a good chat," the independent NSW upper house MP said. "I didn't identify who I was. I just said that my name was Peter and I was interested in how he got by on the streets and where he stayed."

As Shorty turned to leave, he spat on the ground; Mr Breen pulled out a handkerchief and stooped to collect the mucus. He had what he came for: a DNA sample he hopes will exonerate another Shorty - Stephen "Shorty" Jamieson - who was convicted for the Balding murder.

One year on, at Mr Breen's prompting, the Public Defenders Office has written to the Attorney-General, Bob Debus, asking that a crucial piece of evidence - a headscarf used to gag Ms Balding - be sent to the US for DNA testing.

A test had been carried out by the government analytical laboratories last year after an application by Mr Breen to the NSW innocence panel. However, it failed to produce any DNA other than Ms Balding's and the outcry from victims' groups caused the Police Minister, John Watkins, to suspend the panel on the basis the process was too hurtful to grieving families.

Mr Breen recently learnt of the overseas test, specifically to detect minute traces of male DNA. He hopes it can detect DNA to match the sample he collected on his handkerchief.

Stephen Wayne Jamieson was convicted partly because he anally raped Ms Balding, but Mr Breen said a review of evidence by the innocence panel found DNA related to the rape from two other men, but not Jamieson.

If successful, he hopes the new piece of evidence will cause Jamieson's case to be reopened. It has captured Mr Breen's interest since he was lobbied by the NSW Bar Association over the Carr Government's 2001 legislation to "cement " 10 of the state's worst criminals in their cells, marking their files "never to be released".

Jamieson was among those targeted by the law, along with the other Balding murderers, one of whom was 14 and another 16.

The quest has made Mr Breen an easy target. He got a death threat after one talkback radio host broadcast his contact details.

"I can understand people being really angry about this, that the justice system doesn't appear to be working and that [families] have to relive their grief while these people get another go at the justice system," he said.

"I'm not naive. I expected I would be unpopular. But I don't mind being unpopular. I'm always running unpopular issues."

The Institute of Criminology and the Australasian Chapter of the International Academy of Law and Mental Health (IALMH) are pleased to announce a seminar:

By Sean Nicholls 27 November 04

Related:

A Question of Innocence
A man serving a life term for one of the state’s most notorious murders is again pressing for his release. And he has the support of a state MP. The case was the rape, abduction and murder of Sydney woman Janine Balding 15 years ago.

Weak Carr Government suspends Innocence Panel
The DNA evidence panel is under investigation and the New South Wales Innocence Panel's operations have been suspended and a review of how it works ordered.

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.

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.

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.

The Breen Machine - Reform The Legal System Party
Last year the Carr Labor government introduced a vicious sentencing law that cemented in several prisoners without any consideration of their individual circumstances and possible rehabilitation. This law was extremely popular with the tabloid press and talkback radio journalists. But the sentencing law was retrospective, it was mandatory and it involved redefining life sentences. Next month Reform the Legal System will be supporting a challenge in the High Court by the Public Defender to this grossly unfair and discriminatory sentencing law.

The Daily Terror attack Mr Breen again!
This time they are alleging UPPER House MP Peter Breen used his $102,000 public salary to fight for yet another cause, the newspaper doesn't agree with.

Peter Breen MP attacked by the Terror
LILLIAN SALEH and STAVRO SOFIOS both reporters for the Daily Terror have written an article allegedly for Bob Carr in today's Daily Terror.

Victim plea for counselling?
The mother of murdered Wagga Wagga woman Janine Balding said she remains a supporter of the death penalty despite one of her daughter's killers pleading his innocence and despite that penalty not being an option in Australia.

Practicably Perfect
Do you remember your first driving lesson? You were to steer as close to the curb when parking 'practicably' not perfectly or practically. Why? Because we are not as perfect as Premier Bob Carr wants to be seen. The degree of our mistakes depends on our experience and reflects on our upbringing and sometimes the lack of it.

Some Practicalities Of Emptying The Prisons [287]
The very notions of the rule of law and judicial punishment are socially corrosive and damaging to the spiritual consciousness of both the people subjected to them and those that practice them. The following diagram shows the choices we have, right now, as the 2nd Renaissance gathers pace and a Level 4 Civilization lies ahead of us.

QLD Prisoners DNA Bid

DNA = Do Not Assume - DNA Controversies!

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.