10,000 cases in danger after ‘tampering’ at forensics lab
MORE than 10,000 prosecutions hang in the balance and scores of criminals have already walked free after two rogue forensic scientists allegedly tampered with laboratory drug tests.
Courts across the UK have been plunged into chaos after an investigation into alleged data manipulation at a forensics laboratory called into question thousands of criminal prosecutions, family court cases and inquests dating back to 2010.
The shocking scale of tainted tests allegedly carried out by two disaffected workers at a leading forensic provider emerged yesterday. Police revealed drug test results in 900 rape cases, 275 murders and 500 sudden deaths may be unreliable.
Inquests and family court proceedings could also be affected including where children were taken into care or parents refused adoption on the basis of questionable drug and alcohol test results.
Already, 50 prosecutions against suspected drug drivers have been dropped because tests on blood, urine and saliva samples are now considered unreliable, meaning they cannot receive a fair trial.
Two other motorists convicted of road deaths have lodged appeals to overturn their convictions on the basis of the faulty tests. One is a hit-and-run driver high on cocaine and cannabis who mowed down a pedestrian he mockingly described as a ‘local p*** can’.
When forensics firm Randox Testing Services (RTS) alerted police at the beginning of this year to alleged data manipulation at one of their laboratories, police initially believed 484 cases were affected. But yesterday in a dramatic escalation of the scandal it emerged that:
More than 10,000 criminal cases since 2013 and thousands of family court cases and inquests could be affected by alleged tampering by staff at a laboratory in Manchester.
A quarter of those cases relate to murders, rapes, violent crime and unexplained deaths, although early results suggest forensic data was not central to these convictions so they will not be overturned.
Some of the criminals who could see their convictions overturned pleaded guilty to drug driving at their trial.
It could take three years for all the data to be re-tested and even longer before any miscarriages of justice are rectified in the courts.
The consequences for family court proceedings could be catastrophic as justice officials admitted yesterday that poor recordkeeping means it may be impossible to identify all those cases affected.
Police have widened their investigation, with two forensic firms under the spotlight and seven suspects under investigation, including two RTS employees arrested earlier this year.
Yesterday the forensic science regulator, Dr Gillian Tully, said it was the biggest forensic scandal in UK history. Priority for re-testing has been given to live prosecutions yet to come before the courts or cases involving a convicted criminal who is currently serving a custodial sentence.
But so far only 800 re-tests have been carried out in almost a year despite scientists working day and night. The crisis emerged in January when RTS alerted police to concerns over ‘data integrity’ in a drug driving case.
Greater Manchester Police investigated and arrested a lab supervisor and a lab analyst working in an RTS Manchester lab on suspicion of perverting the course of justice. Detectives believe the workers had been falsifying quality control data on toxicology tests since 2013 at the lab where they were responsible for analysing samples of blood, urine, hair and saliva for traces of drugs on behalf of police forces across the country as well as for family and coroners courts.
Detectives now believe that they may have fiddled tests dating back to 2010 when working for a previous forensic provider, Trimega Laboratories, which once ran the same lab.
The pair are suspected of falsifying quality control data that verified the accuracy of the test results, rendering the tests themselves unreliable.
The tampering could have the effect of making innocent people look like they had drugs in their system, potentially leading to their wrongful conviction for serious offences. The revelations could spark a flood of compensation claims costing millions. Policing minister Nick Hurd said: ‘The Government recognises the seriousness of this issue and the potential impact on public confidence in the use of forensic science within the justice system.’
All major forensic toxicology suppliers have been asked to carry out a detailed audit of their cases to ensure the issue was not more widespread. The lab in question has had its accreditation suspended and RTS has agreed to pay for all the re-tests.
The two Randox employees questioned on suspicion of perverting the course of justice remain under investigation. Two women and three men have also been interviewed under caution.
‘Mowed down a pedestrian’
Claims could cost millions