Killer in bid to question DNA staff
Wife killer Andrew John Cobby will seek to question staff members of Queensland’s embattled DNA lab at an upcoming appeal hearing against his murder conviction.
On Tuesday, Cobby told a court the DNA evidence led at his murder trial was “flawed” and “tainted” and he wanted to question scientific staff about the results of fresh tests on items, including a hammer used in the killing.
The Gold Coast man was found guilty of the brutal murder of his estranged wife Kym Cobby, who was hit with a hammer and choked in the driveway of her home in 2017. Cobby claimed that the pair had been set upon by a stranger in a random attack and that he fled into the bushes to hide while she was killed.
But a jury found him guilty of murder and he was sentenced to life imprisonment.
Cobby is representing himself in an appeal and is relying in part on retesting of evidence ordered in the wake of an inquiry into the state’s DNA lab, which uncovered widespread failings, including samples being reported as having no or insufficient DNA for testing. He told a previous review of the case the new test results showed DNA of other unknown people on the hammer, with which Ms Cobby was hit.
The Crown has previously asserted the new tests supported the prosecution case.
During a further review on Tuesday, Cobby said he intended to apply to cross-examine two witnesses from Queensland Health’s Forensic and Scientific Services.
“Your honour those reports reveal both a combination of fresh and significant amounts of new evidence that was not put before the court during the trial,” Cobby said.
“So in relation to the appeal, the forensic evidence that was put to the jury has since been proven to be substantially flawed, tainted and incorrect.”
Court of Appeal president Debra Mullins cautioned Cobby against “jumping to conclusions” about reports arising from DNA testing, saying it was a complex field.
She reminded Cobby of his right to engage a lawyer.