The Importance of Understanding Forensic Biology Reports
This week I was contacted by a barrister who was two weeks into a three-week trial. Unfortunately, because of the way the forensic biology report was written, he completely misunderstood the forensic biology and DNA evidence in his matter.
I worked closely with this barrister to put him in a position to challenge this evidence with the State Service provider’s forensic expert. This resulted in significant concessions being made on the stand as to what the evidence actually meant.
While this is a less-than-ideal situation—it is always best to be forearmed—it does demonstrate the benefits of having your own expert to rely on.
The Evidence
The forensic report indicated that the vaginal swab tested positive for a presumptive test for semen.
However, no spermatozoa were observed on the corresponding microscope slide.
The Issue
The test used as the presumptive test for semen can also react with the vaginal secretions of some women. This means there was no biological evidence that there was semen in the complainant’s vagina.
As a result, the DNA detected in the vagina is trace DNA (it cannot be attributed to a biological fluid). The amount of male DNA detected was extremely small. It is known that the sampling method used to collect these intimate samples actually pushes material further into the vagina.
Consequently, it is not possible to determine if the DNA detected within the vagina was dislocated into the vagina during the collection of the samples and was a result of the individual’s previous contact. There was no evidence that an ejaculation had occurred.
In a different set of circumstances, I may have been able to assist this barrister in having the DNA evidence excluded as it was more prejudicial than probative.
Hear From Our Clients
“I briefed Jae at short notice on a complex DNA and Blood Pattern Analysis matter with thousands of pages of case file material. Jae worked tirelessly on the file to meet strict deadlines and produced detailed and well-considered reports. I have no hesitation in recommending Jae and will brief her again, being confident of the high standard of work that will be produced.”
– Emily Cousins, Caldicott Lawyers
Independent Forensic Services
Independent Forensic Services will disclose the limitations of biological evidence and equip you with the knowledge and expertise needed to ensure a fair trial for your client(s).
With years of experience in forensic DNA analysis, our experts have a track record of success in challenging DNA evidence and achieving favourable outcomes for our clients.
DNA Expert Witness Testimony
We’re passionate about ensuring forensic biology and DNA evidence is presented to the courts in an impartial, yet comprehensive manner, and that potentially misleading evidence isn’t relied upon. We also want our clients to understand the strengths and limitations of forensic evidence in their cases.
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As an independent forensic service provider, we offer unbiased and impartial analysis. Our independence guarantees that our findings are based solely on scientific evidence, free from external influences. This objectivity is crucial in ensuring the credibility and reliability of our forensic reports.
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We understand the sensitive nature of forensic investigations. Confidentiality is a cornerstone of our services. We handle all cases with the highest level of discretion, ensuring that your privacy and the integrity of the investigation are maintained at all times.
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Our team adheres to the highest standards in forensic science, ensuring that every case is handled with the utmost care and precision. We strive for excellence in all our services, providing reliable and accurate forensic analysis.
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Our team comprises forensic experts with extensive experience across various forensic disciplines. With years of practical experience and advanced training, our professionals bring a wealth of knowledge to each investigation. This expertise ensures that we deliver top-tier forensic solutions tailored to your specific needs.
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We work closely with you, offering guidance and support throughout the investigation, ensuring you feel confident and informed. Our team is approachable and dedicated to making the forensic process understandable and straightforward.
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How We Can Help You
With Independent Forensic Services, you gain access to a team of experts.
An Expert Team Lead by Jae Gerhard
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.