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

Case Study 77
Police investigating the murder of Victorian toddler Jaidyn Leskie submitted the toddler’s clothing for DNA
analysis. A profile derived from the clothing matched a profile on the DNA database, which had been obtained
in the investigation of an apparently unrelated sexual assault case. It appeared that the deceased’s clothes
were examined in the same laboratory and on the same day as the condom used in the alleged sexual assault.
During the inquest into the murder, the Coroner heard evidence that given the close proximity in both the time
and location of the analysis, the DNA match was most likely to be due to accidental cross contamination of the
exhibits, rather than the sexual assault victim having anything to do with the toddler’s murder. 1123
Case Study 78
A person was murdered in Wellington, New Zealand, in 1998. A DNA profile was derived from blood found
under the deceased’s fingernails and in his bedroom. Two months later, a man was bashed outside a pub in
Christchurch and his DNA profile was obtained as a victim. A match was made between the victim’s profile
and that obtained from the evidence on the Wellington murder victim. Through other investigative leads, police
identified a suspect who made admissions in relation to the Wellington murder and who said he had acted
alone. Police conducted further inquiries and concluded the Christchurch man was not the murderer. The
only possible explanation for the match between the Christchurch assault victim and the Wellington murder
was that the samples had accidentally been contaminated in the laboratory. 1124 Since then, the New Zealand
forensic laboratory has developed a more rigorous quality assurance program, which includes regular quality
assurance trials, audits of the laboratory, staff and procedures, and increased training and accreditation
for staff. 1125
Case Study 79
Forensic scientists in a laboratory in Michigan, USA were recently re-examining evidence from a 1969 murder
case. A DNA profile derived from a blood spot which was recorded as having been found on the deceased’s
hand matched the profile of a man who had been convicted for another murder. However, that man had
only been four years old at the time of the first murder, and there was nothing linking the two cases. The only
plausible explanation for the link was cross contamination in the laboratory, as evidence from the 1969 murder
and the more recent murder were analysed on the same day in the same laboratory. 1126
12.3.2. Processes at DAL
We visited DAL to see how the laboratory is set up, and how DAL manages and processes DNA samples submitted
for analysis. Where possible DAL uses different equipment to analyse DNA samples taken from people and from
crime scenes. It also runs regular quality assurance tests using a control sample from a DAL staff member. Laboratory
procedures are set out clearly in DAL’s “Forensic Biology Procedures Manual.”
Under the Deed of Agreement, DAL agreed to provide appropriate facilities for storing all samples received from
NSW Police, pending analysis, in conditions which are appropriate for the security and preservation of DNA. However,
the National Association of Testing Authorities (NATA) observed in its most recent assessment of DAL, in July 2004,
that “the laboratory accommodation tends to be dated and in some instances cramped.” It noted that DAL has
procedures in place to minimise the risk of contamination, but that scientists at DAL need to be especially vigilant as
they work in such close proximity. 1127 DAL has expressed serious concern itself about its ageing infrastructure, lack of
storage space and the urgent need to replace facilities:
Our accommodation is way below standard. There is simply not enough space, that could impact on
contamination between cases. The key issue is to enlarge the lab. Or do we have to wait until a court case
fails 1128
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000