Nemesis
08-12-2004, 04:40 PM
news.com.au (http://www.news.com.au/common/story_page/0,4057,10429443%255E2,00.html)
August 13, 2004
DOZENS of inmates locked up in New South Wales jails could have their cases re-opened following fears over the reliability of DNA evidence.
Those serving time for serious crimes including murder, manslaughter and sexual assault will in future be able to apply to a DNA Review Panel which will examine the soundness of their conviction.
The move comes amid fears innocent people are wrongly serving time in NSW prisons after mistakes were made gathering and testing DNA evidence from crime scenes.
Senior University of Technology lecturer, Kirsten Edwards, who specialises in DNA and advanced criminal law, will help prisoners prepare applications to the panel.
She said last night: "Despite what people believe, DNA evidence is not infallible. We strongly believe there are innocent people in NSW jails wrongly convicted on DNA evidence and we would like to help them.
"DNA proves your link to a crime scene, but it doesn't necessarily prove that you are guilty. You may have been there for some legitimate reason."
Ms Edwards said while DNA evidence was usually reliable, mistakes could be made. "Especially in a lab where, for example, testers do not change their gloves, causing cross-contaminationr," she said.
"The DNA Review Panel is an admission by the NSW Government that though we use DNA to fight crime, we will also use it to help people who are wrongly convicted," she said.
High-profiles cases like those involving Lindy Chamberlain, and Ian Sargent, whose post-mortem DNA was linked to a schoolgirl's murder 19 years beforehand, may be held up as models.
The panel is based on a system in the US run by the American Innocence Project.
A similar Innocence project in NSW was shelved a year ago by Police Minister John Watkins following outcry over an appeal launched by Stephen Wayne "Shorty" Jamieson, who is serving life for the murder of 20-year-old bank teller Janine Balding in Sutherland 15 years ago.
The new-look version, which goes before the State Parliament soon, could be up and running later this year.
It will be overseen by the Attorney-General's Department and consist of a retired judge plus representatives of the Attorney-General's Department, the DPP, Legal Aid, the Privacy Commission and medical personnel.
A spokesman for Attorney-General Bob Debus added: "The Government is in the process of finalising legislation which will allow the panel to operate more effectively."
The Daily Telegraph
August 13, 2004
DOZENS of inmates locked up in New South Wales jails could have their cases re-opened following fears over the reliability of DNA evidence.
Those serving time for serious crimes including murder, manslaughter and sexual assault will in future be able to apply to a DNA Review Panel which will examine the soundness of their conviction.
The move comes amid fears innocent people are wrongly serving time in NSW prisons after mistakes were made gathering and testing DNA evidence from crime scenes.
Senior University of Technology lecturer, Kirsten Edwards, who specialises in DNA and advanced criminal law, will help prisoners prepare applications to the panel.
She said last night: "Despite what people believe, DNA evidence is not infallible. We strongly believe there are innocent people in NSW jails wrongly convicted on DNA evidence and we would like to help them.
"DNA proves your link to a crime scene, but it doesn't necessarily prove that you are guilty. You may have been there for some legitimate reason."
Ms Edwards said while DNA evidence was usually reliable, mistakes could be made. "Especially in a lab where, for example, testers do not change their gloves, causing cross-contaminationr," she said.
"The DNA Review Panel is an admission by the NSW Government that though we use DNA to fight crime, we will also use it to help people who are wrongly convicted," she said.
High-profiles cases like those involving Lindy Chamberlain, and Ian Sargent, whose post-mortem DNA was linked to a schoolgirl's murder 19 years beforehand, may be held up as models.
The panel is based on a system in the US run by the American Innocence Project.
A similar Innocence project in NSW was shelved a year ago by Police Minister John Watkins following outcry over an appeal launched by Stephen Wayne "Shorty" Jamieson, who is serving life for the murder of 20-year-old bank teller Janine Balding in Sutherland 15 years ago.
The new-look version, which goes before the State Parliament soon, could be up and running later this year.
It will be overseen by the Attorney-General's Department and consist of a retired judge plus representatives of the Attorney-General's Department, the DPP, Legal Aid, the Privacy Commission and medical personnel.
A spokesman for Attorney-General Bob Debus added: "The Government is in the process of finalising legislation which will allow the panel to operate more effectively."
The Daily Telegraph