9 March 2000
Ministerial Inquiry Into DNA Testing Anomalies
ESR today acknowledged findings of the Ministerial Inquiry into anomalies into DNA testing saying it had already
implemented a number of the recommendations from the Inquiry report.
“ESR also welcomes the Inquiry finding that at the time this problem occurred there was no evidence of general
contamination or other problems that impacted on the reliability of DNA evidence in criminal prosecutions,” said ESR
Chief Executive Dr John Hay.
“However, the exhaustive review processes we have been through have been useful in helping to identify some areas in
which ESR’s already rigorous testing procedures can be improved. This fits with the ESR continuous improvement
philosophy and the ongoing audit process which is part of our international accreditation.”
Dr Hay said ESR accepted that, on the balance of probabilities, accidental contamination was the most likely cause of
the problem.
“It is unfortunate that, like four previous extensive inquiries into this incident, the Ministerial Inquiry was unable
to find a direct cause for the anomalous findings.”
Dr Hay said ESR had already implemented the report’s recommendations in the areas of sample packaging and handling and
laboratory work station lay out.
“We are also progressing the assessment of options relating to ventilation and are reviewing how we accommodate our DNA
testing facilities. This has involved looking at a building programme at our Mt Albert site,” said Dr Hay.
“It is important to point out ESR has international accreditation for its DNA testing laboratories. That accreditation
is rigorous. To meet it we employ highly skilled and experienced staff as well as highly sophisticated processes.”
Ends
For further information contact:
Dr Keith Bedford
ESR, Mt Albert
Telephone 09 8953952 or (025) 2363371
www.esr.cri.nz for detailed information
Background to Ministerial Inquiry into DNA Testing Anomalies
Operation Rex – Ministerial Inquiry
The findings at the centre of the inquiry arose from the investigation of two Wellington murders (one known as
Operation Rex and the other Operation Pad) and an assault in Christchurch.
During DNA testing of crime scene material from the murders, DNA material “matching” the person assaulted in the
Christchurch case was discovered.
Police investigated the possible involvement of this person in the Wellington murders and ruled it out.
A concern was raised that the “matching” of DNA in the three cases indicated contamination. However, initial ESR
inquiries could find no cause or evidence of contamination.
However, because of the seriousness of the issues, three independent reviews were initiated by ESR. These were
undertaken by a New Zealand based scientific expert with considerable experience in quality assurance issues, an
Australian forensic DNA expert and Police.
The reviews showed ESR’s DNA testing processes were at the standard required of an internationally accredited
laboratory. The reviews canvassed various options for the presence of the extraneous DNA:
Somebody sharing the same DNA profile as the Christchurch man was present at both Wellington crime scenes – this was
considered an extremely remote statistical possibility
General contamination or mix-up in samples – this was ruled out by the reviews
An isolated event or procedure failure caused the results – the reviews found no evidence to support this
Deliberate contamination - ruled out by reviews.
A fourth independent review was undertaken by another Australian forensic DNA expert in the course of an audit of the
ESR Biology laboratory operations. This audit was arranged to fulfil the requirements of the accreditation scheme and
the ESR quality system.
All four reviews found ESR’s standards met or exceeded those expected of an internationally accredited agency.
The issue of the anomalous findings was raised during the Operation Rex trial.
Due to continued concern over the anomalous results, and the inability of the extensive inquiries to find a cause, on
17 June 1999 the then Minister of Justice, Hon Tony Ryall, convened a Ministerial Inquiry into the situation.
ENDS