Police in Victoria will have to re-examine every crime solved using DNA after admitting evidence used to lay a murder charge was contaminated.Victoria Police have withdrawn murder charges against Russell John Gesah because of doubts raised about the validity of DNA evidence.
Gesah was charged in July with the cold-case [putrid-case] murders of Margaret Tapp and her daughter Seana.
The pair were found murdered in their Ferntree Gully home in 1984.
Police say they have notified the victim's family to explain the problems with the DNA test.
Police have also expressed deeply regret and have apologised to all involved.
Deputy Commissioner Simon Overland will explain the situation at a press conference this afternoon.
Gesah, an inmate at the Fulham Prison near Sale, in eastern Victoria, was arrested after police thought they had found a match for a DNA sample on the girls clothes, from the national DNA database.
Quote: Did you hear the story about the man that thought he could plant a feather and grow a chook? Why not blame the butler? Too much CSI?
Updated:
Vic Police to review 7,000 cases after DNA contamination
Victoria Police are reviewing more than 7,000 cases involving DNA evidence, after the discovery of a mistake in a 20 year old murder investigation.
At the time police said breakthroughs in DNA technology allowed them to link Gesah to the crimes through a national DNA database.
Deputy Commissioner Simon Overland now says the evidence from the Tapp murders had been contaminated.
["What we had here was an error, it's a human error, that's the reason that we have systems, because humans aren't foolproof and occasionally they make mistakes," he said.]
Police say that the contamination occurred in 1999 when clothing from an unrelated offence had been examined and found to contain DNA matching Russell John Gesah.
Some of the clothing from the Tapp murder case was examined on the same day.
The area was cleaned in between each examination but since that time, procedures have been upgraded to reflect more stringent cleaning processes, in line with more sensitive DNA tests[?]
Where two apparently unrelated cases are matched through DNA, further checks are required, and that is where the problem was picked up.
Police say new procedures are now in place to make sure this kind of mistake is never repeated[?]
Checks and reviews are underway to make sure there are no other potential problems[?]
"We obviously regret them. It's preferable that they had not occurred, but they have and we can't really do more than that."
Quote: This bungle proves that DNA evidence to convict people is patently flawed and there should be a public enquiry to look into all matters where DNA is used to charge or convict people, cold case or not. Some people are convicted on DNA evidence alone, oh, besides some circumstantial evidence, hearsay, slander, innuendo and being virtually tried by corporate media about it.
Related:
20yrs' jail for brutal Huxley bashing
An Ex Prisoner who was forced to hand over his DNA to the police data-base via the prison system during his earlier sentence. So at all material times police had his DNA profile and DNA is not hard to collect and plant.
Arrest made over woman left for dead
Yes you have a fantastic team that have been working around the clock who have been deeply affected by what has happened to Lauren. However, that does not mean the police can just pluck out any scapegoat for the crime and line them up either? This is not CSI! Or Hollywood!
Military lawyers await probe on DNA tampering
The Army's Criminal Investigation Command said nearly 500 forensic test results from all services dating back 10 years are under review after one of its examiners allegedly faked results. About 119 of those cases pertain to the Navy and Marine Corps.
Corrupt police planting DNA evidence at crime scenes
Others have raised concerns about corrupt police planting DNA evidence at crime scenes.
Expert baffled by Falconio evidence DNA contamination
NT: The director of the Northern Territory's forensic science unit has told a Darwin court he does not know how his DNA contaminated a key piece of evidence in the Peter Falconio murder trial. [lost trial? After all he wasn't found?]
Expert baffled by Falconio evidence DNA contamination
NT: The director of the Northern Territory's forensic science unit has told a Darwin court he does not know how his DNA contaminated a key piece of evidence in the Peter Falconio murder trial. [lost trial? After all he wasn't found?]
The ABC for good or evil?
He had a suspect that he wanted to find guilty based on the chances of a spouse killing a spouse which were greater in anycase, at least more likely than that of a stranger.
First Grabs To Control Our DNA
A small company in Australia has been subjected to gross denials of rights after DNA database technology was stolen from it's company. This one year saga has spawned them to form a new approach to projects of importance to all people.
Worries over DNA and racial profiling
UK: Black men are four times more likely than White men to be on the national DNA database and there is growing concern about racial profiling in criminal investigations.
Lab's Errors Force Review of 150 Virginia DNA Cases
US: WASHINGTON, - A sharply critical independent audit found that Virginia's nationally recognized central crime laboratory had botched DNA tests in a leading capital murder case. The findings prompted Gov. Mark Warner to order a review of the lab's handling of testing in 150 other cases as well.
Witch-hunt targets scientists
QLD: SCIENTISTS at the John Tonge Centre are being threatened with jail in the wake of a government hunt for the source of leaks highlighting serious problems in the forensic laboratories.
Fresh swipe at DNA labs
Scientist Kris Bentley, whose departure yesterday follows that of forensic biologist Deanna Belzer after concerns about "inaccurate" DNA results and unvalidated equipment, issued a scathing resignation letter leaked to The Courier-Mail.
DNA leads 'CSI' cold-case squad to first arrest?
Frozen case? I don't really know what to say about them until they come up with their case. They say it involves DNA evidence but that's the only stuff we know.
Criminal's DNA filed under relative's name
The New South Wales Opposition is calling for an investigation into claims that police have entered DNA data for serious offenders under incorrect names.
DNA fingerprinting 'no longer foolproof'...
The genetic profiles held by police for criminal investigations are not sophisticated enough to prevent false identifications, according to the father of DNA fingerprinting.
THE BUTLER DIDN'T DO IT!
PROFESSOR BARRY BOETTCHER: Now, there should be a law enacted within Queensland so that when cases come up like this they can be brought to attention and if an appropriate authority such as a judge of your Supreme Court considers that it merits further inquiry, an inquiry be ordered.
'Rape' officer clears his name
UK: A former policeman has been cleared of rape after protesting his innocence for 15 years. Judges at the Court of Criminal Appeal in Edinburgh ruled that Brian Kelly, 47, had suffered a miscarriage of justice over crucial DNA evidence.
New unit investigates unsolved deaths?
A new police unit has been established to investigate more than 360 unsolved deaths in New South Wales, with many of the deaths dating back more than 30 years.
Prisoner's bid for review denied
Prisoner Roger Cheney has lost a Supreme Court action to have a judicial review of his 1993 convictions an 30-year jail sentence. Justice Shaw said he was concerned about the prisoner's claim that DNA evidence held by the police could prove his innocence. Although Cheney had requested the results of the DNA tests, he had been denied access to the forensic analysis.
QLD Prisoners DNA Bid THE curious case of Queensland's "cat lady" murder is set to test the state's legal authorities again, with the man convicted of the killing asking the Attorney-General to take the unprecedented step of releasing blood samples for DNA retesting.
Database clears up crimes?
NSW Police Minister John Watkins said at the launch of a Sydney conference of international forensic experts meeting to mark 100 years of fingerprinting in NSW. He said the collection of DNA from prisoners and suspects in NSW during the past two years had led to more than 5,400 matches on the forensic database.
A Question of Innocence
Katrina Bolton: The promise of DNA freeing the innocent as well as convicting the guilty has been repeated by politicians across Australia, usually while DNA laws are being expanded. The promise was made as a national DNA database, ‘Crimtrac’ was created, and it was made as NSW introduced legislation giving unprecedented powers to take DNA samples from prisoners, by force if necessary.
Weak Carr Government suspends Innocence Panel
It's a callous disregard for justice! The panel takes applications from convicted prisoners for DNA evidence to be analysed a move that may help in a future court appeal.
JUST BEAT IT! Govt lauds crime-solving technology?
The New South Wales Government says advances in crime solving technology are helping the progress of hundreds of police investigations.
DNA testing causes debate in murder case
The use of voluntary DNA testing in the investigation of a murder case in New South Wales has been applauded by victim support groups who are ill informed about the process said Justice Action's spokesperson Gregory Kable.
Abolition of double jeopardy law a political stunt: NSW Opp
Why draconian laws? What about the re-trial by media that goes along with it? Twice shy?
ARE YOU INNOCENT?
The NSW government has finally appointed somebody (Justice John Nader) to head up its Innocence Panel and has produced leaflets and forms for people convicted of serious crimes (eg murder) to apply for DNA testing if they believe it may help prove their innocence. You can get the info by phoning 1300 881 717 or writing to the panel at GPO Box 45 Sydney NSW 2001.
Is the Westminster System flawed?
Most people would say Lady Di got the boot and NSW has so much trouble getting the Innocence Panel moving. I said hey, what's going on!
Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank. The Herald reported 25 Nov 02 "a DNA saliva swab led to the charging of a former prisoner with the bashing murder of a woman. Police had been unable to find any witnesses or suspects following the murder in Sydney's inner city two years ago. Detectives had admitted they faced a tough job finding the killer."
Prisoners can prove innocence for $20
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.
DNA yours or mine?
Now they have isolated two genes that they say tells you if you're more likely to be depressed. What does that mean? It could mean that you should stay in jail because you are more likely than not to continue your offending behaviour according to a Department of Corrective Services Forensic Psychiatrist.
DNA = Do Not Assume - DNA Controversies!
The national DNA database of all known offenders proposed by Prime Minister Tony Blair could mean that innocent people will be accused of crimes they did not commit.
DNA Evidence of Bipartisanship
Last week the U.S. Congress passed the Justice for All Act, which includes provisions of the Innocence Protection Act. As of this posting, the legislation has not yet been signed by President Bush. Attached is an analysis of the legislation prepared by the Justice Project.
DNA - A Shadow of Doubt
One case points to misinterpretation of evidence that helped put a man behind bars. The other shows just how easy it is to plant falsely incriminating DNA evidence. As our forensic techniques become ever more sensitive, so the possibility of abuse continues to grow.
Murder charge first for DNA data bank link, but not the same as solving the murder As long as the the prisoners DNA wasn't planted at the crime scene. It is one thing to force prisoners to hand over their DNA and another thing to exploit it.
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