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17 April 2008
Issue: 7317 / Categories: Legal News , Expert Witness
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Controversial DNA technique given thumbs-up

News

Low Copy Number (LCN) DNA testing is “scientifically robust” according to an independent review, despite the misgivings of scientists and lawyers.
Brian Caddy, professor in forensic science at Strathclyde University, who led the government-commissioned review, said the technique, which draws DNA profiles from microscopic amounts of material, was “fit for purpose” in court.

However he makes 21 recommendations, including setting national standards for forensic training crime scene recovery equipment. He says profiles obtained using the technique should be presented to juries with caveats, and that an advisory panel should guide courts on how to interpret LCN evidence.

The government commissioned the review into the technique after the collapse of the Omagh bombing trial (R v Sean Hoey) in December.
Forensic experts using the technique had wrongly identified a 14-year-old boy from Nottingham (aged six at the time) as having planted the bomb.
The judge in the trial, Mr Justice Weir, expressed doubts about LCN’s “reliability as an evidential tool”.

The Crown Prosecution Service  suspended the use of LCN but has since reinstated it as potentially admissible evidence.
However, Professor Jamieson of the Forensic Institute, an expert witness in the Omagh bombing trial, claims the technique can lead to mistakes. “The samples are too small to be reliable, and there is no way of knowing how the DNA got there.”

Issue: 7317 / Categories: Legal News , Expert Witness
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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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