Challenges of DNA before New Zealand courts
The R v Wells conviction contains scientifically problematic features, most notable was a novel concept around "fragile sperm", in support of possible sperm, when it was concurrently acknowledged that no sperm had in fact been detected. The expert acknowledged that there was no data supporting the theory. Such speculation by...
Sexual Assault Defence – DNA
DNA evidence is heavily relied upon in the Australian courts when it comes to sexual assault matters. We provide reliable answers to the critical sexual assault defence questions of “who” and “how” when it comes to DNA and body fluids. In this article, we cover a specific sexual assault case...
DNA transfer “more likely” is not science
DNA Transfer When considering "how" the DNA was deposited, we must not apply "more likely" before the courts, and should correctly apply the scientific approach defined as Activity Level Reporting. "more likely" statements in expert evidence have been prevalent in known DNA wrongful convictions which is detailed further in Fitzgerald...
DNA expert certificate – lawyer interpretation guide
Lawyer interpretation guide Criminal matters involving DNA can be evidenced by the crown in various ways, depending in part upon the particular state lab, severity of the matter, and the maturity of the matter before the courts. In Australia, all states and territories will at some stage serve a form...
Fitzgerald wrongful conviction – Why it can happen again
Fitzgerald wrongful conviction The DNA wrongful conviction Fitzgerald v R turned on how the DNA was deposited. The scientifically invalid "DNA more likely" repeats itself in 2024 Australian courts as it did in the Fitzgerald wrongful conviction To consider "how" DNA was transferred, the DNA expert must conduct Activity Level...
Efficacy of expert evidence
“White coat effect” The efficacy of evidence at trial, is undoubtedly predicated on how that evidence is perceived by jurors, and the court. The preparation of inherently complex scientific and forensic evidence must be purposeful and meticulous. It is critical that evidence presented to the jury is clear, simple and...
