Networked Knowledge - Media Report

This version of the report has been prepared by: Dr Robert N Moles

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On 16 July 2008 Roy Gibson and Karen Hodge of the West Australian reported “Officer’s DNA contaminated exhibits: court”.

It said a man accused of murdering Chinese student Jiao Dan has had his trial delayed because a police officer contaminated evidence related to the case with his own DNA. The Director of Public Prosecutions asked for the adjournment in the WA Supreme Court this morning because of the problem with the DNA evidence. That problem was found after the forensic centre that conducts DNA testing found three exhibits had been contaminated with DNA from a police forensic officer.

DPP Robert Cock appeared before Justice Peter Blaxell in person to ask for the trial to be adjourned while the forensic centre re-tested other exhibits related to the case. Appearing on behalf of the accused, lawyer Tom Percy said his client wanted the trial to go ahead as planned as he had been in custody almost a year. Mr Percy suggested it was an unfortunate situation, but it could be the case that the evidence was fatally flawed and that the case against the accused was doomed.

Ms Dan was 22-years-old when she was found dead on an Innaloo verge on October 8. She had been walking home from the Glendalough train station and through the streets of Innaloo when she was allegedly killed. The case was set down for a two week trial next month, but will now return to the court in September for a status conference.

WA Police will review its DNA exhibit handling procedures within the forensics division in light of the incident. Deputy Police Commissioner Chris Dawson said in a statement that he had been advised the integrity of the contaminated exhibit had not been compromised. Mr Dawson said he could not comment further about the forensic evidence until the trial ended.  

He said that contamination of evidence, while undesirable, was a "constant" in all forensic examination laboratories worldwide as part of an "exacting process".  "Such contamination does not necessarily mean the exclusion of an item or items as evidence, such judgements must be made in court where full and complete information is made available for consideration," Mr Dawson said.

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