False Information About DNA Transfer Being Provided to Lawyers
DNA Experts have been providing information to lawyers about trace transfer that is outright false.
Concerning Trends in DNA Transfer Misinterpretation
As recently as last week, I was involved in a matter where the Government DNA expert told a barrister in a pre-trial conference that the amount of DNA transferred diminishes with each contact in a way to defend that the DNA was more likely transferred by direct contact.
This is not true and is unsupported by scientific studies on trace DNA transfer and persistence. I have now heard this troubling information being spread by more than one scientist from different Australian jurisdictions.
I had prepared the barrister, outlining the limitations to the evidence, so they knew something was amiss. They also were sufficiently prepared to question their opinion.
How Often Are Lawyers Being Misled?
This concerning encounter makes me wonder, how often are lawyers being told DNA misinformation? And are the lawyers involved able to identify these mis-truths and challenge them?
If you believe you have been told a mis-truth or incorrect scientific information in relation to a matter you have dealt with, or you felt something just didn’t sound right, I’d love to hear from you.
I can equip you on how to challenge this information and I would like to know how often this is occurring.
Please email me directly: [email protected]
Why Is This Happening?
There could be several explanations:
- Ignorance of, or deliberate disregard for, the prevailing literature
- Influence or bias due to affiliations with prosecutorial agencies
- Vested interests in the outcome of specific cases
Whatever the explanation is, it is deeply concerning that this happened, and I am fearful that this type of misleading evidence could be presented in court unchecked.
The Importance of Impartiality in Forensic Science
A forensic scientist’s role is to be an impartial evaluator of evidence. However, the dissemination of biased information jeopardises the foundation of forensic science and misleads the judicial process.
We urge the legal community to remain vigilant and committed to the reliability of forensic evidence that will be presented to the court. Any deviation from truthfulness and objectivity not only harms the legal process but also leads to potential miscarriages of justice.
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Jae Gerhard is a Forensic DNA Expert and the Principal Forensic Scientist at Independent Forensic Services, bringing over two decades of frontline experience in forensic biology. She has worked on some of Australia’s most complex and high‑profile cases with the Australian Federal Police and New South Wales Police, as well as international disaster victim identification operations in Bali and Thailand.
Specialising in DNA analysis, STRmix™, biological fluid examination, and bloodstain pattern interpretation, Jae now works independently with criminal defence teams to review and challenge forensic evidence. Her mission is simple: to ensure the science presented in court is accurate, balanced, and truly understood.