❓ A WA parliamentary question on notice addresses forensic evidence backlogs, DNA analysis turnaround times, and exhibit tracking within PathWest and the WA justice system, revealing existing backlogs and monitoring efforts.
AnsweredQoN 3162Legislative Assembly
Asked
18 March 2008
Member
Portfolio
Attorney General; Minister for Health; Electoral Affairs
QuestionView source ↗
(1) Given that in December 2005, PathWest had 37,307 requests for DNA analyses of crime exhibits waiting to be processed:
(a) are there any crime scene forensic evidence backlogs still to examine and profile in Western Australia; and
(b) if so how many and what type of crime is involved in each of the backlogs?
(2) Does any of the backlog include DNA analyses of Mr. Mark Dixie, who lived in Australia between 1993 and 1999, recently convicted of the gruesome murder of a teenage model outside her home in South London?
(3) Are all profiles from all crimes in Western Australia supplied, as a matter of course, to all states and territories for comparison against criminals in their states?
(a) if the answer to (3) is yes, how is this supplied; or
(b) if the answer to (3) is no, which crime profiles are supplied?
(4) What is the turnaround time for DNA profiles taken in Perth?
(a) Is it the same turnaround time as in the United Kingdom, which I understand is 14 days?
(5) Has there now been created a single reliable State exhibit register that records exhibit details and tracks movement within and between agencies?
(a) if the answer to (5) is yes, where is it held and who is able to have access to the register?
(6) Has there been an assessment of the capacity of the forensic services to meet future demand?
(a) if the answer to (6) is yes, has that document been tabled; and
(b) if no assessment has been done yet why not?
(7) Given that delays in obtaining forensic evidence are adversely affecting the justice system, one of the most significant issues being a large backlog in DNA analyses, resulting in delayed prosecutions and court adjournments:
(a) how many accused have remained incarcerated as a result of the lateness of DNA analyses and the delay in trials?
(8) Has the judiciary, the State Director of Public Prosecutions or the Department of the Attorney General, as a result of the Auditor General’s report, seen fit to commence monitoring the number of indictment and trials that are delayed?
(a) if yes to (8), where can that information be found?
(a) are there any crime scene forensic evidence backlogs still to examine and profile in Western Australia; and
(b) if so how many and what type of crime is involved in each of the backlogs?
(2) Does any of the backlog include DNA analyses of Mr. Mark Dixie, who lived in Australia between 1993 and 1999, recently convicted of the gruesome murder of a teenage model outside her home in South London?
(3) Are all profiles from all crimes in Western Australia supplied, as a matter of course, to all states and territories for comparison against criminals in their states?
(a) if the answer to (3) is yes, how is this supplied; or
(b) if the answer to (3) is no, which crime profiles are supplied?
(4) What is the turnaround time for DNA profiles taken in Perth?
(a) Is it the same turnaround time as in the United Kingdom, which I understand is 14 days?
(5) Has there now been created a single reliable State exhibit register that records exhibit details and tracks movement within and between agencies?
(a) if the answer to (5) is yes, where is it held and who is able to have access to the register?
(6) Has there been an assessment of the capacity of the forensic services to meet future demand?
(a) if the answer to (6) is yes, has that document been tabled; and
(b) if no assessment has been done yet why not?
(7) Given that delays in obtaining forensic evidence are adversely affecting the justice system, one of the most significant issues being a large backlog in DNA analyses, resulting in delayed prosecutions and court adjournments:
(a) how many accused have remained incarcerated as a result of the lateness of DNA analyses and the delay in trials?
(8) Has the judiciary, the State Director of Public Prosecutions or the Department of the Attorney General, as a result of the Auditor General’s report, seen fit to commence monitoring the number of indictment and trials that are delayed?
(a) if yes to (8), where can that information be found?
AnswerView source ↗
Answered
1 May 2008
Response time
44 days
(1) The Auditor General reported on the PathWest backlog as being 37,309 items (not cases). This figure did not portray a realistic picture of the situation. It must be emphasised that this figure not only represents items awaiting examination but also:-
· Items currently undergoing examination.
· Items that have been examined and where DNA had not been found and was waiting to be reported.
· Items that have been examined and where DNA was found but was not linked to any other profile on the Database and hence remain open.
· Items that have been examined and where DNA was found and linked to another crime scene but not linked to a known person.
· Items that have been examined and where DNA was found and linked to a known person and was awaiting an evidentiary sample.
· Items that have been examined and for cases where court reports were being produced but had not as yet gone to trial.
Many items have been tested but are awaiting input from third parties or just on hold pending the WA Police finding a suspect. In addition, it is not uncommon to have several hundred exhibits belonging to some major crime cases. These cases often take many months before they go to trial. PathWest Forensic Biology receives over 1,300 major crime and 5,000 volume (property) crime cases plus over 7,000 reference samples annually.
(a) Yes.
(b) The current backlog comprises of 51 major crime and 465 volume crime cases. These are lower priority offences, where there will have been no communications from the Police or DPP.
Backlog is defined as "
a case that has been submitted to the lab and still not started after 2 months"
.
(2) None of the above mentioned cases that are held in backlog by PathWest Forensic Biology were committed in the period Mr Mark Dixie was reported as being in Australia.
(3) Yes. All Western Australian crime scene profiles are uploaded to NCIDD. All interstate jurisdictions participate in the NCIDD.
(a) By regular uploads to the NCIDD.
(b) Not applicable.
(4) Where DNA testing is considered high priority, PathWest provides a fast turn-around time of
under 24 hours
. Property crime jobs are usually completed routinely within one month.
(a) There is literature on the Internet regarding turnaround times of DNA profiling, some of which would not support a turnaround time of 14 days in the UK.
(5) Yes.
(a) The WA Police own and maintain the IMS (Incident Management System). Selected PathWest staff are given access to it on a 'adds needs' basis. All police identification numbers are recorded and entered into the PathWest Forensic Biology computer system.
(6) This question should be directed to the Minister for Police and Emergency Services.
(7) (a) The Office of the Director of Public Prosecutions (ODPP) only collects data relating to trial listing adjournments, not any other type of court adjournment. In 2007/08 (to the end of February), there were 2 trials adjourned due to delays in obtaining forensic evidence but this did not result in either of the accused persons remaining incarcerated as a result of the delay.
(8) Yes.
(a) The Director of Public Prosecutions has been collecting information about trial adjournments due to delays in forensic evidence since 1 July 2007. This information is available internally via the monthly ODPP Management Reports and will be reported in the operations section of the Annual Report from the 2007/08 report onwards.
Collection of information pertaining to delays in the filing of indictments related to forensic evidence issues will commence from 1 July 2008, subject to the requisite database modifications being completed by this time. This information will then be available internally via the monthly ODPP Management Reports and will be reported in the Key Performance Indicator section of Annual Report from the 2008/09 report onwards.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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· Items currently undergoing examination.
· Items that have been examined and where DNA had not been found and was waiting to be reported.
· Items that have been examined and where DNA was found but was not linked to any other profile on the Database and hence remain open.
· Items that have been examined and where DNA was found and linked to another crime scene but not linked to a known person.
· Items that have been examined and where DNA was found and linked to a known person and was awaiting an evidentiary sample.
· Items that have been examined and for cases where court reports were being produced but had not as yet gone to trial.
Many items have been tested but are awaiting input from third parties or just on hold pending the WA Police finding a suspect. In addition, it is not uncommon to have several hundred exhibits belonging to some major crime cases. These cases often take many months before they go to trial. PathWest Forensic Biology receives over 1,300 major crime and 5,000 volume (property) crime cases plus over 7,000 reference samples annually.
(a) Yes.
(b) The current backlog comprises of 51 major crime and 465 volume crime cases. These are lower priority offences, where there will have been no communications from the Police or DPP.
Backlog is defined as "
a case that has been submitted to the lab and still not started after 2 months"
.
(2) None of the above mentioned cases that are held in backlog by PathWest Forensic Biology were committed in the period Mr Mark Dixie was reported as being in Australia.
(3) Yes. All Western Australian crime scene profiles are uploaded to NCIDD. All interstate jurisdictions participate in the NCIDD.
(a) By regular uploads to the NCIDD.
(b) Not applicable.
(4) Where DNA testing is considered high priority, PathWest provides a fast turn-around time of
under 24 hours
. Property crime jobs are usually completed routinely within one month.
(a) There is literature on the Internet regarding turnaround times of DNA profiling, some of which would not support a turnaround time of 14 days in the UK.
(5) Yes.
(a) The WA Police own and maintain the IMS (Incident Management System). Selected PathWest staff are given access to it on a 'adds needs' basis. All police identification numbers are recorded and entered into the PathWest Forensic Biology computer system.
(6) This question should be directed to the Minister for Police and Emergency Services.
(7) (a) The Office of the Director of Public Prosecutions (ODPP) only collects data relating to trial listing adjournments, not any other type of court adjournment. In 2007/08 (to the end of February), there were 2 trials adjourned due to delays in obtaining forensic evidence but this did not result in either of the accused persons remaining incarcerated as a result of the delay.
(8) Yes.
(a) The Director of Public Prosecutions has been collecting information about trial adjournments due to delays in forensic evidence since 1 July 2007. This information is available internally via the monthly ODPP Management Reports and will be reported in the operations section of the Annual Report from the 2007/08 report onwards.
Collection of information pertaining to delays in the filing of indictments related to forensic evidence issues will commence from 1 July 2008, subject to the requisite database modifications being completed by this time. This information will then be available internally via the monthly ODPP Management Reports and will be reported in the Key Performance Indicator section of Annual Report from the 2008/09 report onwards.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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