Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...

Figure 11: Results of DNA analysis for forensic procedures in audit sample.
45
40
41
35
No. of forensic procedures
30
25
20
15
25
20
21
27
10
5
6
0
Warm link
Exclusion
Confirmed cold link
No result
Withdrawn
Unable to determine
Results of DNA analysis
Source: DAL further response to Ombudsman investigation notice, October 2005. (n=140)
Figure 11 shows that where DNA analysis is conducted, it usually yields a result, and it is more common that DNA
analysis implicates a suspect than not. It shows that NSW Police and DAL expend considerable resources taking
further samples from suspects who have previously been identified through the DNA database (confirmed cold link). It
also shows that a significant number of cases are withdrawn before the laboratory is able to complete its analysis.
Figure 11 also shows that DAL is unable to identify the relevant case for a large number of forensic procedures
– almost a fifth of the suspect samples included in our audit sample. Given that police can only take a suspect’s DNA
if this is likely to confirm or disprove the suspect’s involvement in a particular offence, in our view DAL should be able
to identify the case to which each forensic procedures relates.
DAL explained that because person samples are much easier to process, they are completed before the crime scene
samples being analysed. DNA profiles are obtained from person samples soon after receipt and suspect profiles are
uploaded onto the database for comparison against the unsolved crimes index. The profile is put on the database
without any record of the case it is attached to – the FS number relating to the offence for which the sample was taken
is only added later. 971 Accordingly, DAL’s inability to identify cases for 27 suspect samples may be because:
• the profile was deleted and no record was kept of this (DAL now keeps records of when profiles have been
deleted, but has not always done this)
• police did not submit any exhibits from the crime scene and so DAL did not allocate a case number, or
• police did not provide DAL with an Event number.
It is of concern that in at least one of the procedures we audited, police did not submit any crime scene evidence
to DAL (the facts of that matter are set out in case study 21, at 7.2.3.4). Given that police can only ask a suspect to
provide a DNA sample for the purpose of obtaining evidence confirming or disproving the suspect’s involvement in
the relevant offence, this suggests there may not have been a proper basis for police taking the suspect’s DNA. We
reiterate our recommendation 60, that DAL should not accept DNA samples taken from suspects unless there are
sufficient details enabling DAL to identify the case to which the sample belongs, so that DAL can allocate a case
number at the time of receipt.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 199