Sean O'Neill, Crime and Security Editor of The Times
We've made some changes
to The Sunday Times
Dozens of ongoing criminal cases where a controversial new technique for collecting DNA has been used are to be reviewed in the wake of criticism by the judge in the Omagh bombing trial.
The Crown Prosecution Service said today it would look again at all current case files where Low Copy Number – the method of taking DNA samples from microscopic quantities of material – has been used to gather evidence.
The review follows Mr Justice Weir's fierce attack on the science behind the LCN technique which he said lacked validity, could be unreliable and was not supported by any international consensus.
A CPS spokesman said: "We are reviewing the number of current cases that might be affected. It is not possible yet to say how many that might be."
The evidence, which led last month to a murder charge being brought against a man for the 1992 murder of Rachel Nickell on Wimbledon Common, was obtained using LCN techniques.
The CPS has already spent several months reviewing that evidence before bringing a charge but it may be forced to look at it again in the light of the Omagh judgment.
The spokesman added: "This is a long and complex judgment and we will need to look at it very carefully.
"The Home Office Forensic Science Regulator is also reviewing LCN and we will also await that review. The use of DNA techniques has developed into an extremely powerful tool for proving cases and ensuring the innocent are cleared."
Acquitting Sean Hoey of 58 charges relating to the Omagh bombing in 1998, Judge Weir criticised the prosecution for relying so heavily on LCN DNA evidence, which he said failed to satisfy him “either beyond a reasonable doubt or indeed to any acceptable standard.”
He spoke of his “concern about the present state of the validation of the science and methodology associated with LCN DNA and, in consequence, its reliability as an evidential tool.”
He added: “I am not satisfied that the publishing of two journal articles describing a process invented by the authors can be regarded without more as having ‘validated’ that process for the purpose of its being confidently used for evidential purposes.”
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I was convicted in 2003 of an historical rape that happened in 1989. I spent 4 years in jail maintaining my innocence and still do, despite continual blackmail, threats, and intimidation. The original description of the attacker was 6'0" tall with ginger hair, sporty physique and no tattoos, I am 5' 8" with black hair overweight and plastered in tattoos with my name on both knuckles. I was found guilty due to a partial DNA match. This is wrong. DNA completelty obliterates all other evidence in this country with the prosecution allowed to say its a full profile when in fact it is partial. I will be vindicated one day. Has anyone ever been asked how many matching profiles are twinned on the database i.e 2 people with the same profile, as the database grows the likelehood of that happening grows, but will anyone admit that that has already happened, 10 loci I was convicted on and one of those is the M/F gene !!! my case is currently being looked at by the innocence project at Cardiff Univ
Nick, london, U.K
Full marks to Mr Hoey's lawyers for 'daring' to challenge the forensic evidence, and complements to Judge Weir for being brave and open minded enough to consider that DNA evidence may not always be the gold standard it is cracked up to be. Unfortunately it seems that forensic science needs judgements like these to keep it honest. As a practising forensic scientist myself (not DNA) I am of the opinion that the fundamental failing of forensic science (as practised in the UK) is that the evidential significance (or lack thereof) of evidence presented in Court is not fully understood/made explicitly clear to the Court. When unchallenged/incorrectly challenged such forensic evidence may be 'over-valued' by the Jury/Court, resulting in potential miscarriage of justice. It cannot be emphasised enough that forensic evidence MUST be challenged and one would hope that equal amounts of taxpayers' money would be available to both the Prosecution and the Defense's efforts. Who gaurd the guards?
Etienne van Zyl, Drayton-St Leonard, Oxfordshire
Full marks to Mr Hoey's lawyers for 'daring' to challenge the forensic evidence, and complements to Judge Weir for being brave and open minded enough to consider that DNA evidence may not always be the gold standard it is cracked up to be. Unfortunately it seems that forensic science needs judgements like these to keep it honest. As a practising forensic scientist myself (not DNA) I am of the opinion that the fundamental failing of forensic science (as practised in the UK) is that the evidential significance (or lack thereof) of evidence presented in Court is not fully understood/made explicitly clear to the Court. When unchallenged/incorrectly challenged such forensic evidence may be 'over-valued' by the Jury/Court, resulting in potential miscarriage of justice. It cannot be emphasised enough that forensic evidence MUST be challenged and one would hope that equal amounts of taxpayers' money would be available to both the Prosecution and the Defense's efforts. Who gaurd the guards?
Etienne van Zyl, Drayton-St Leonard, Oxfordshire
The Court structue within England and Wales is based on a heirarchical system. The Crown Courts ae courts of first instance. The decisions of Crown Courts are not binding on other Crown Courts. Only the higher appellate courts give binding decisions. So why is the criminal justice system in E&W taking this kneejerk reaction from a Crown Court with a different judicial system. What another waste of tax payers money
Deano, Hull, England