Only the worst get chance at DNA acquittal

http://www.theaustralian.news.com.au/story/0,25197,22264641-2702,00.html

AUSTRALIA'S only DNA evidence review body has begun taking applications from convicts seeking to prove their innocence, but only the worst of the worst can apply.

The NSW DNA Review Panel, launched quietly in June, has received at least three applications from notorious criminals. Two applicants, whose identities have not been divulged, have had their forms sent back because of insufficient information.

While DNA technology has existed for 20 years and has helped convict thousands of criminals, Australia has been reluctant to use it to free the innocent. The 2001 quashing of Queensland man Frank Button's conviction for rape remains the only acquittal based on fresh DNA evidence.

While the new review panel may begin to redress the balance, its critics say it will be limited by its narrow guidelines. Only prisoners serving sentences of more than 20 years can apply, a rule described as irrational by the NSW Bar Association. Mr Button would have been ineligible because he was serving just seven years.

Those who have completed their sentence will also not be able to apply.

The NSW Bar Association said the DNA Review Panel's powers were insufficient.

"It's a toothless tiger," association president Michael Slattery QC said. "It doesn't have inherent powers to investigate whether biological materials exist. It doesn't have real teeth to find biological material and make sure it's preserved, which should be an important part of its function."

An inquiry into the previous Innocence Panel found that police continued to destroy evidence despite a commissioner's instruction that biological material be kept. Of the 13 prisoners who tried to have DNA exhibits tested via that panel, DNA exhibits were found for only one prisoner -- Jamieson.