Conviction of Detective Symes Raises Concerns Over Evidence Integrity
The recent conviction of Victorian police officer Detective Symes for falsifying evidence has raised serious concerns about the integrity of evidence handling within law enforcement. This case serves as a stark reminder of the critical need for lawyers to ensure that evidence is subjected to independent review, particularly in cases where there is a risk of a lengthy custodial sentence.
Click here to see the Judgement
The Investigation
The detective had been leading a Victoria Police operation investigating an international drug ring that was trafficking illegal drugs and sending them inside children’s toys through the post in 2019.
Major drug squad detectives had identified a property in Melbourne as a drug safe house, with a police search discovering a pair of gloves in the drug preparation area and several envelopes which they suspected were used in the operation.
Items were seized from this house, including a pair of gloves and some envelopes, which were subject to forensic testing.
The Evidence and Falsification
A DNA sample was collected from the gloves. The analysis of this sample indicated the presence of DNA that matched the reference DNA sample of a male individual, referred to as ME.
ME pleaded guilty to charges resulting from his arrest.
However, this police officer altered the reported results of the forensic evidence to also implicate a registered tenant of the property, LT. As the judgement indicates, this officer:
- “Doctored” an electronic copy of Feilso’s Case Results Summary, which had matched ME’s DNA to DNA on a glove, to state LT’s DNA matched the glove DNA.
- “Doctored” an electronic copy of a forensic handwriting analysis statement which an expert, James Brandi, had provided in a different investigation, to state LT’s handwriting matched the handwriting on the envelopes.
LT’s legal defence team uncovered the falsification when they requested additional details in relation to the forensic DNA testing from the forensic biologist.
Judge Michael Cahill, in his sentencing, said Symes’ admission to making false representations to the victim, legal representatives, and the court breached his duty as a police officer, eroding the public’s trust in the force.
“The consequences of your offending were very serious,” he said.
“Police officers exercise considerable power over the public … you seriously abused that power.”
The judge indicated that the woman had faced up to 25 years in prison on the false charges.
Symes’ conviction is a call to action for legal professionals to remain vigilant in their duty to safeguard justice. Relying solely on evidence presented by law enforcement, without independent scrutiny, risks perpetuating wrongful convictions and undermining the integrity of the legal system.
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