Premier Annastacia Palaszczuk has announced a commission of inquiry into Queensland's state-run forensics laboratory to "restore confidence" in DNA testing.
The state government had already ordered a review into the Queensland Health Forensic and Scientific Services (QHFSS) lab, but today made the decision to broaden it to a commission of inquiry after issues were raised by police over DNA testing thresholds.
Late last week, the Queensland Police Service (QPS) confirmed it was reviewing sexual assault cases dating back to the start of 2018 that the QHFSS had initially reported as "insufficient DNA for further processing".
Additional testing on samples related to sex offence cases from last year had a 66 per cent success rate in generating DNA profiles.
Ms Palaszczuk said a commission of inquiry was "needed" and "just".
"The people of this state deserve to have the utmost confidence and that is why I am taking this action today."
Changes announced ahead of review
The commission of inquiry will be headed by the former president of the Court of Appeal, retired judge Walter Sofronoff, who will have the discretion to hold public hearings.
The government said the terms of reference will be finalised with him over the coming days but will include:
- whether the systems and processes in place for DNA testing conducted by the QHFSS are reliable, conducted to an acceptable standard and achieve quality reporting of DNA and matching
- whether testing adheres to contemporary best practice
- whether adequate external quality assurance and accreditation is in place and,
- sample management
Mr Sofronoff will decide how many cases are examined and the date range necessary.
Health Minister Yvette D'Ath said in the meantime, the government would also immediately remove the threshold — which has been in place since 2018 – so that "every sample will go to DNA profiling and, based on the outcome of that, then potentially go on for further concentrated testing".
"I hope that that gives everyone the confidence they need while we await the outcomes of this review," Ms D'Ath said.
The QHFSS analyses approximately 28,000 samples each year.
In announcing the inquiry, Ms Palaszczuk paid tribute to the family of murdered north Queensland woman Shandee Blackburn who "firmly believe [she] had been denied justice and have fought until this day".
"A man was charged but acquitted [over the case] … the coronial inquest found no conclusive DNA evidence was found at the scene — this raised questions about the conduct of the lab," Ms Palaszczuk said.
"These questions have been addressed in several ways, including the reopening of the inquest into Shandee's death, submissions to the Crime and Corruption Commission, and the announcement of an independent inquiry into the lab.
"But submissions to Justice Margaret McMurdo's Women's Safety and Justice Taskforce show the concerns are wider and more serious."
Asked why it had taken the government until now to grant one, Ms Palaszczuk said a commission of inquiry was a "very big step, we don't have a lot of them, and they have to be just".
'A win for every Queenslander'
Opposition Leader David Crisafulli said today's announcement was a win for victims, whistleblowers and the police after the state government had previously resisted calls for a broader inquiry.
"Since last year, the opposition has taken the issue of the failings of the forensic services lab very seriously," Mr Crisafulli said.
"We believed that the government wasn't viewing this as seriously as Queenslanders were, hence why we were pushing so hard for a commission of inquiry.
"This is a win for victims, it's a win for the police, it's a win for the whistleblowers, it's a win for every Queenslander who deserves a justice system that can provide them a level of service — that's what we have today."
