Contact: Kerry O’Shea, Public Affairs Manager Ph: 03 9607 9373 or 0401 107103 koshea@liv.asn.au
MEDIA RELEASE
Wednesday, 9 December 2009
LIV SAYS DNA DECISION LEAVES PEOPLE IN LEGAL LIMBO
The decision to suspend cases involving DNA evidence until next year leaves those facing
charges in legal limbo, according to the Law Institute of Victoria.
LIV Criminal Law section chair Michael McNamara said today that the decision, announced by
Police Commissioner Overland, would undermine public confidence in the court system.
“We have long said that prosecutions should not rely on a single piece of evidence, in this case
DNA evidence, which can be unreliable,” Mr McNamara said.
“If you are going to convict people, give them a criminal record and deprive them of their liberty,
the case against them needs to be proved beyond reasonable doubt by reliable evidence,”
This decision raises more questions than it answers, he said.
“How many cases are affected? How long will they be delayed? How soon can the already
overtaxed court system catch up? Will more judges and magistrates need to be appointed to cope
with the backlog?,” Mr McNamara said.
He called on the Government to call an urgent summit including defence and prosecution lawyers,
court representatives and police to resolve these issues.
The LIV said the results of any review should also be released publicly.
NEWS 
