Some DNA twists and turns

Justice done but in a strange way

A DNA sample which cleared a man of an unfounded allegation, yesterday helped convict him of a rape committed nearly 13 years ago. In a further twist, DNA also saved another man originally charged with the rape from prosecution in 1993.

The District Court in Brisbane was told that in June 1993 a woman, 18, was asleep at her house in the inner western suburb of Auchenflower when a man broke in and raped her. She originally identified her flatmate as the rapist and he was charged with the offence but was cleared in late 1993 after DNA tests.

It wasn't until a DNA cross-checking exercise in 2005 that Anthony Dean Vandenbroek was identified as the rapist. The court was told Vandenbroek had led a blameless life both before and after the rape. He had not known until recently that someone else had been charged with the attack. The court was told Vandenbroek, who lived in a house behind the woman, was suffering from a mental psychosis at the time and had gone off his medication for a short period.

Police had Vandenbroek's DNA for cross reference because he had supplied a sample years before which proved he had not committed another alleged offence. Vandenbroek, now 37, pleaded guilty to rape, break and enter and indecent assault for the June 5, 1993, attack.

Barrister Rob East, for Vandenbroek, said Vandenbroek had led a fruitful life since the crime. Mr East said that had Vandenbroek elected to go to trial the woman's police statement could have put doubt in the jury's mind, but his client had shown remorse by confessing.

Police had Vandenbroek's DNA on file because a former female friend had made an allegation against him but after the sample was tested the allegation was withdraw, Mr East said. He said that Vandenbroek had gone back on his medication in August 1993 and remained on it since. He said his client was a family man who had held down the same job for 15 years and had no criminal history.

Judge Michael Forde said it was also important that Vandenbroek had spared the complainant the anguish of giving evidence. Judge Forde sentenced Vandenbroek to seven years' jail with a recommendation for parole after two years. He declared 285 days spent in custody on remand as time served on the sentence.

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