This "human error" in Australia shows why a person pleading innocent should always be entitled to have DNA evidence retested

Criminal DNA testing in NSW is under scrutiny after a processing error at a NSW Health lab led to the wrongful conviction of a man for break and enter. NSW Health discovered the error in its "cold links" system while conducting a review earlier this year. The system matches DNA evidence collected at a crime scene with people on the state DNA database.

The review found NSW Health's DNA laboratory mistakenly linked a man to a break and enter because of human error. Convicted of the offence in early 2008, the man was given a nine-month suspended sentence. The error's discovery prompted a exhaustive review of the 17,000 cold links dating back to 2001, when the DNA database was established.

Acting NSW chief health officer Greg Stewart said the review had so far revealed no other errors and he reassured people the DNA testing system was sound. "To ensure the integrity of the DNA database, NSW Health has reviewed all 17,000 cold links dating back to 2001," Dr Stewart told reporters on Friday. "Of those, we identified 2,400 samples that we decided to re-test. "As at 11am (AEST) today, no errors have been found, with less than 100 samples still to be tested." The remaining samples are being tested on Friday.

Dr Stewart said the mistake was caused by a human sampling error at NSW Health's Division of Analytical Laboratories (DAL), but he stressed the science behind DNA testing was not in question.

DAL is the primary accredited provider of DNA analysis to the NSW Police Force, and since 2001 has conducted more than 300,000 DNA tests on people and crime scenes.

"A human error occurred where tests were incorrectly located in a series of tests," he said. "There are thousands of tests done, and they are done in series of 96 at a time but one of those was out of sequence. "The wrong crime sample was placed into a well, and that led to DNA from one crime scene being ascribed to a person who was not at that crime scene."

Police contacted the man who received a nine-month suspended sentence for break and enter, with his criminal record amended and proceedings launched to have his conviction annulled, Dr Stewart said. The lab technician responsible for the error had since retired, he said.

Dr Stewart said he did not known whether the man would launch legal action to seek compensation over the wrongful conviction. "There are always openings for people who are convicted to seek redress," he said. "His options have been discussed with him. "He'll make his own decision."

Dr Stewart said a similar error in the future was "most unlikely" because of testing improvements, including the introduction of robotics, and the practice of reviewing all case work before results are released to police. An independent external review would also be conducted by Professor Hilton Kobus, a forensic science expert at Adelaide's Flinders University, Dr Stewart said.

Original report here



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