HOEY TRIAL FORENSIC DNA TESTS IN DOUBT
Hoey trial forensic DNA tests in doubt
By Barry McCaffrey
BRITAIN'S most senior police officers have raised serious concerns over controversial forensic tests used during the trial of Omagh bomb suspect Sean Hoey.
The south Armagh electrician went on trial in September charged with a series of Real IRA bomb attacks, including an attack in Omagh in August 1998 which killed 29 people, including a mother pregnant with twins.
A key part of the prosecution's case relied upon forensic testing, known as Low Copy Number (LCN) DNA, which it is claimed links Hoey to a number of the devices.
However, LCN DNA testing is so controversial that the FBI in the United States will not rely on it in court.
During Hoey's trial it was shown that LCN DNA tests on a Real IRA bomb in Lisburn in 1998 had identified a 14-year-old English schoolboy as one of the bombers.
While trial judge Mr Justice Weir ruled that the forensic evidence could be heard he also voiced concerns over a lack of internationally recognised standards for LCN DNA.
It has now emerged that the Association of Chief Police Officers (Acpo) has written to all chief constables in England and Wales warning them that cases involving LCN DNA evidence may now have to be re-examined after inaccurate test results were uncovered.
In November the Home Office ordered a review of all LCN DNA tests carried out by the Forensic Science Service (FSS) between 2000 and 2005.
It is estimated that up to 2,000 cases may have to be re-examined.
LCN DNA tests in the Hoey trial were carried out by the Forensic Science Service.
His defence team were not told during the trial that the Home Office had ordered the re-examination of LCN DNA tests. It is unclear whether the tests used during the trial will be re-examined or withdrawn as evidence.
In a joint statement the Home Office and Acpo said: "Towards the end of 2006 we became aware that a small percentage of DNA samples may need to be re-examined as a result of differences in the way forensic suppliers were using new techniques to analyse forensic material between 2000 and 2005.
"Acpo is very close to completing that work and has found no evidence that we should be concerned about standards being used today."
However, Hoey's solicitor Peter Corrigan said he was "horrified" that he had not been informed about concerns relating to a vital part of the case against his client.
"These are very serious issues regarding the reliability, integrity and disclosure of FSS methods going back to 2000," he said.
Mr Corrigan said his client had always denied that his DNA had been found on any of the devices as allegedly proved by LCN DNA results.
He said he would now ask Criminal Justice Inspector Kit Chivers to investigate the case.
Last night a Public Prosecution Service spokesman said it would be "inappropriate" to comment.
By Barry McCaffrey
BRITAIN'S most senior police officers have raised serious concerns over controversial forensic tests used during the trial of Omagh bomb suspect Sean Hoey.
The south Armagh electrician went on trial in September charged with a series of Real IRA bomb attacks, including an attack in Omagh in August 1998 which killed 29 people, including a mother pregnant with twins.
A key part of the prosecution's case relied upon forensic testing, known as Low Copy Number (LCN) DNA, which it is claimed links Hoey to a number of the devices.
However, LCN DNA testing is so controversial that the FBI in the United States will not rely on it in court.
During Hoey's trial it was shown that LCN DNA tests on a Real IRA bomb in Lisburn in 1998 had identified a 14-year-old English schoolboy as one of the bombers.
While trial judge Mr Justice Weir ruled that the forensic evidence could be heard he also voiced concerns over a lack of internationally recognised standards for LCN DNA.
It has now emerged that the Association of Chief Police Officers (Acpo) has written to all chief constables in England and Wales warning them that cases involving LCN DNA evidence may now have to be re-examined after inaccurate test results were uncovered.
In November the Home Office ordered a review of all LCN DNA tests carried out by the Forensic Science Service (FSS) between 2000 and 2005.
It is estimated that up to 2,000 cases may have to be re-examined.
LCN DNA tests in the Hoey trial were carried out by the Forensic Science Service.
His defence team were not told during the trial that the Home Office had ordered the re-examination of LCN DNA tests. It is unclear whether the tests used during the trial will be re-examined or withdrawn as evidence.
In a joint statement the Home Office and Acpo said: "Towards the end of 2006 we became aware that a small percentage of DNA samples may need to be re-examined as a result of differences in the way forensic suppliers were using new techniques to analyse forensic material between 2000 and 2005.
"Acpo is very close to completing that work and has found no evidence that we should be concerned about standards being used today."
However, Hoey's solicitor Peter Corrigan said he was "horrified" that he had not been informed about concerns relating to a vital part of the case against his client.
"These are very serious issues regarding the reliability, integrity and disclosure of FSS methods going back to 2000," he said.
Mr Corrigan said his client had always denied that his DNA had been found on any of the devices as allegedly proved by LCN DNA results.
He said he would now ask Criminal Justice Inspector Kit Chivers to investigate the case.
Last night a Public Prosecution Service spokesman said it would be "inappropriate" to comment.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0834
Published Date: 23-Feb-07
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