Australia: What are the Queensland authorities trying to hide?

MOMENTUM is growing for Brisbane's "catwoman" murder case to be re-examined, due to questions about DNA evidence used at the trial. In 1999, palm reader Andrew Fitzherbert was sentenced to life imprisonment for the murder of Brisbane veterinarian Kathleen Marshall. Marshall, who was president of the Cat Protection Society, was stabbed more than 50 times in the surgery beneath her home at Wilston, in Brisbane's inner north.

Fitzherbert was the first person in Australia convicted on DNA evidence alone. There was no other corroborative evidence. For the past three years, Fitzherbert's lawyer, Laura-Leigh Cameron-Dow, of Slater & Gordon, has unsuccessfully petitioned the Queensland Attorney-General for release of crime scene materials so independent testing could be done. In May, Attorney-General Kerry Shine said he would not allow further testing. Ms Cameron-Dow will appeal against that decision. If unsuccessful, the only recourse after that would be a request to the High Court for permission to retest crime scene samples or to review the case.

Ms Cameron-Dow said technology for DNA analysis had advanced since 1998, making it possible to obtain readings from blood samples at the murder scene which were not possible a decade ago. Some bloodstained items found at the scene which the defence would like tested included a pair of shoes, rags, a button and some bags.

Ms Marshall's body was discovered on Sunday, March 1, 1998. There were no signs the house had been broken into. Fitzherbert, who has maintained his innocence, claims he did not know Ms Marshall. His partner Ruth Bennett says: "I know he didn't do it." "I thought we had a justice system in Queensland, but it turned out to be just who puts up the best argument in court. My life has been on hold ever since (the ruling)," Ms Bennett said.

Forensic biologist Ken Cox told the court the chance of bloodstains from the crime scene coming from anyone other than Fitzherbert was one in 14 trillion.

Professor Barry Boettcher, influential in uncovering problems in the Azaria Chamberlain case, questioned Cox's estimate. "There is just no possibility of determining the accuracy of the figure given to the jury," Professor Boettcher said. Bond University's chair of criminology, Professor Paul Wilson, agreed. "It's very, very dangerous to convict purely on forensic science evidence and even with DNA evidence there can be problems," he said.

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