02 October 2009

Public reassured that DNA testing is sound

Acting NSW Chief Health Officer, Dr Greg Stewart, said today he has full confidence in the use of DNA testing in legal proceedings following a thorough review of DNA 'cold links' .

The review was undertaken in September after an error was discovered during the routine loading of profiles on the NSW deceased persons DNA database.

"During the review, an error was found that may affect the conviction of a person for break and enter with intent," said Dr Stewart.  "Police have contacted this person and will commence proceedings to have the conviction annulled."

The person had received a nine-month suspended sentence.

"To ensure the integrity of the DNA database, NSW Health has reviewed all 17,000 cold links dating back to 2001.

"Of those, we identified 2,400 samples that we decided to re-test.  As at 11.00am today, no errors have been found with less than 100 samples still to be tested."

"With these results, I believe the public can have confidence that DNA testing and quality assurance procedures are sound.  Discovering and rectifying this error reinforces our commitment to constant review and quality improvement."

The Division of Analytical Laboratories is the primary accredited provider of DNA analysis to the NSW Police Force.  Since 2001 there have been more than 300,000 DNA tests on people and crime scenes. 

DAL's Forensic DNA Laboratory is routinely audited by the independent National Association of Testing Authorities (NATA) against national forensic standards.  It is regularly peer reviewed and achieved further accreditation in 2008.

Improvements at DAL include:

• Introduction of robotics - which has significantly reduced the number of steps requiring operator input;
• Separate analysis of samples taken from people and from crime scenes, utilising two different teams of biologists; and
• Peer review of all cold links and case work, prior to results being released to NSW Police Force.

In addition to DAL's thorough internal review, DAL has initiated an independent, external review by Professor Hilton Kobus, Professor of Forensic Science at Flinders University, Adelaide.

The NSW Government will also be talking to key agencies including Legal Aid and Corrections about providing advice to the public.

For a range of health information, go online to www.health.nsw.gov.au