I’ve
been busy with urgent casework these last few days, so my apologies for posting
only once this week.
One
of the news items that I highlighted in the June/July edition of Scenes of
Crime concerned the case of Adam Scott, who was charged with rape based on DNA
evidence, despite maintaining that he had never visited the city where the rape
occurred.
LGC
Forensics, the largest private forensics company in the UK, had recently
introduced a robotic DNA extraction system at the time the rape case sample was
processed. An investigation revealed
that a technician had incorrectly re-used some plastic trays, resulting in a
contaminated profile.
Even
before the contamination came to light, the investigating officer had expressed
concerns about the DNA result. An
analysis of Adam Scott’s mobile phone records revealed that he was 300 miles
away when the rape took place.
However, LGC Forensics initially refused to consider the possibility of
contamination.
Charges
against Mr Scott were eventually dropped, but not before he had spent 5
months in prison.
An
independent report from the Forensic Regulator, whose task is to monitor the quality
of procedures used in forensic science, found that Adam Scott was an ‘innocent
victim of avoidable contamination’. The
report stated that LGC Forensics’ DNA rape sample procedures were ‘not
adequate’, and disclosed poor record keeping by technicians and failure to
follow procedures for the disposal of used plastic trays.
LGC
Forensics was also criticised for not responding more fully to the discovery
that the plastic trays were being re-used.
However, the Forensic Regulator conceded that the company had now taken
corrective action to address the shortcomings in its contamination avoidance
and checking procedures. No other
instances of contamination had occurred.
This
incident adds more fuel to the argument that the private sector is incapable of
absorbing the caseload of the now defunct Forensic Science Service of England
and Wales. I don’t happen to share this
view. The private sector knows how to
operate a forensic science business; the Forensic Science Service was never
equipped to operate as a business.
Nevertheless, this was a regrettable and inexcusable incident of ‘human
error’ and Adam Scott may well be suing for compensation.
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