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Probe into DNA testing at troubled Queensland lab hears of 'divided allegiances' as $6m inquiry hearings wrap up

Two independent scientists called in from Victoria and New Zealand to inspect Queensland's forensic lab have told an inquiry into botched DNA testing that lab staff had "divided allegiances and a lack of trust". 

Wrapping up its final day of hearings, the $6 million commission of inquiry into DNA testing has ended six weeks of evidence and will take a break before hearings resume in a few weeks.

Victoria Police Forensic Service Department executive director Rebecca Kogios and Heidi Baker from New Zealand's Crown Research Institute testified before the inquiry today.

The pair were tasked with taking a "deep dive" to assess if the current operations and procedures at the Queensland lab were in accordance with "best practice".

Their report found that despite various attempts made by management over the years to improve culture at Queensland Health's Forensic and Scientific Services (FSS) through the use of external consultancies, there remained a "negative culture" and "fragmented work group".

"[Workplace culture is] not conducive to best practice science, insofar as it inhibits free discussion and continual improvement," the report found.

However it also noted the cohort they spoke with were "highly skilled, articulate and intelligent across all levels of work".

The multimillion-dollar probe came after inquiry head, commissioner Walter Sofranoff KC, released an interim report that accused the state's forensic lab of making "untrue" statements about the quality of DNA tests.

It revealed that due to the bungled testing, scientists then dismissed huge numbers of samples potentially enabling perpetrators who had committed crimes to go free.

At the time, Queensland Premier Annastacia Palaszczuk said the results were "shocking".

The government vowed to retest every DNA sample taken in the state over the last four years.

From day one, the inquiry heard evidence of incompetence and failures.

Two suspended scientists, team leader Justin Howes and managing scientist Cathie Allen were slammed for "standing by" while Queensland police were misled about DNA testing, a move described by counsel assisting Michael Hodge KC as a "complete failure" of responsibility.

Giving evidence, one scientist after another told the inquiry about a "toxic culture" where there was a "fear of retribution" if they spoke up.

There were claims of "document shredding", an incident that had become known as "bin gate" amid a deterioration of the working and personal relationship between whistleblower scientist Amanda Reeves and Ms Allen.

The inquiry heard Ms Reeves said she was "freaking out" when she first realised there were discrepancies in tests of sperm samples but nothing was being done to correct the problem.  

The inaction was despite Queensland police Inspector David Neville earlier complaining to the lab about his suspicion "that we were missing out potentially on profiles or evidence".

Lab manager accused of cover ups

Lab boss Cathie Allen cries under questioning

Ms Allen took the stand as she was repeatedly accused of lying to the commission, amending documents and carrying out "mad activities", like "crushing" staff who challenged her and asking for a dossier of which scientists were trying to get pregnant, allegedly for budgetary reasons.

Ms Allen has denied any wrongdoing, telling the commission no less than 30 times she "is not a liar".

The veteran scientist has managed the lab since 2008.

She denied she covered up the disastrous decision that led to the thousands of samples going untested.

When asked by counsel for the Queensland Police Service (QPS) Jeff Hunter KC: "In what universe did you think it was okay to amend a document that was being asked for by this commission?"

She said she intended to submit the original and the amended one to Queensland Health's legal team and that the amended version had corrected a "mistake".

"You're so sensitive to the idea that your laboratory might have been making decisions rather than the Queensland Police Service, that you're prepared to amend a document, the production of which was compelled under notice?" Mr Hunter asked.

"No that's not true," Ms Allen replied.

'Those f***ers over there'

In one exchange, her lawyer Mathew Hickey KC questioned Ms Allen about workplace culture.

Mr Hickey: Now, were you aware that it had been suggested that you had described [senior forensic scientist] Ms [Kylie] Rika's team as "those f***ers over there"?

Ms Allen: No, I was not.

Mr Hickey: Is that the way you described them?

Ms Allen: I have no recollection of that whatsoever.

Mr Hickey: And did anybody ever raise that concern with you?

Ms Allen: No, they didn't.

Mr Hickey: And were you made aware that Ms Rika and members of her team described themselves as "the FRIT f***ers"? [referring to the forensic reporting and intelligence team]

Ms Allen: No, I was not aware of that at all.

Ms Allen choked back tears at times as she spent four gruelling days in the witness box, completely breaking down in the last hour after denying she was some kind of "Disney villain".

"I've been through the ministerial taskforce in 2005, and it was a very different experience than this one has been," she said tearfully.

"I've found that this one has been quite personal to me, and I'm not quite sure how to take that because it has had an impact on me and has definitely affected my mental health.

"It has been extremely stressful to be stood down not knowing why. To try to seek any information about why I've been excluded from the workplace.

"I'm even more isolated than before. There's only limited people that I'm allowed to contact for support."

Asked about her mental health by her lawyer Matthew Hickey KC Ms Allen said she had sought help from a psychologist to deal with the attacks against her.

Lab manager accused of altering confidential staff survey

In the final minutes of Ms Allen's time on the stand counsel assisting Mr Hodge did not let up, accusing her of seeking to manipulate a confidential workplace survey which she knew detailed that staff felt the lab was "over governed," with ten supervisors managing approximately 60 staff

Michael Hodge KC: ...This was supposed to be anonymous feedback being reported to Workplace Edge as external consultants?

Cathie Allen: Yes.

Mr Hodge: And you weren't sitting in on the interviews?

Allen: No.

Ms Hodge: That would have defeated the entire purpose of it?

Ms Allen: Yes.

Mr Hodge: And so when you said staff wrote in the documents, "Staff members highlighted that the reporting teams were over-governed by supervisors and proposed that the two reporting teams could be merged into one team with one supervisor," that statement couldn't have come from you having actually participated in the interviews that were the basis of this document?

Ms Allen: No.

Mr Hodge: Do you honestly say that you thought it was legitimate for you to be seeking to manipulate the results of what was supposedly the anonymous feedback from a workplace survey?

Ms Allen: I was not manipulating the results of the survey.

Shandee Blackburn murder under the spotlight

The inquiry will resume in a few weeks' time for its final hearings when it is understood the 2013 murder of Mackay woman Shandee Blackburn will come under the spotlight.

Ms Blackburn's family believe DNA samples collected by the state-run mortuary that is responsible for conducting autopsies, the John Tonge Centre, were not tested appropriately at the time.

Ms Blackburn's mother Vicki Blackburn believes if it had tested DNA samples adequately, her daughter's killer would have been caught by now.

The grieving mother attended day one of the inquiry and spoke to media outside.

"Relief that it's started and relief that we're on the path to getting the truth and justice for so many people," Ms Blackburn said.

"There's a lot more to come I think — we've been saying this for a long time, this is the tip of the iceberg — and I think we're just about to see what's underneath."

The final report is expected to be handed down on December 13.

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