Archive for the ‘DNA Detective’ Category

 

DNA: The crime-fighting tool that needs to be used

Friday, September 3rd, 2010

This article was featured in The Witness, 3 Sep 2010 on Page 9.

DNA: The crime-fighting tool that needs to be used
03 Sep 2010

Dr Carolyn Hancock, a Director of The DNA Project

EARLIER this year Rudi Venter, who had been charged with the murder of his wife, walked out of court a free man. DNA evidence had determined he was innocent.

Venter’s wife was beaten to death with a baseball bat at their Johannesburg home in 2006. At the time, Venter said he had returned home after taking his children to school and seen two men running from the house before finding his critically injured wife. Venter was arrested for her murder a year later. Just before he was due to go to trial in February, his legal team asked an expert to interpret the DNA results from material found at the scene. It was found that DNA samples obtained at the scene contained the blood of Venter’s wife and two unidentified men. Venter’s blood was not present anywhere. Consequently, the state withdrew the murder charge.

If the DNA found at the scene had been processed at the time as a matter of routine, Venter would not have spent four years with a murder charge hanging over him.

“DNA does not only prove guilt, but it can also prove innocence,” says Dr Carolyn Hancock, a director of the DNA Project and a former genetics lecturer at the University of KwaZulu-Natal.

“In the United States, 258 people have been freed from prison on the basis of DNA results. The average time they had spent in prison was 13 years. Seventeen of them were on death row for crimes they never committed.”

Currently, this cannot happen in South Africa as the processing of DNA for forensic purposes by the South African Police Force Forensic Science Laboratory is prioritised according to five categories. Top of the list is a request from prosecutors when they have a suspect. The laboratory then undertakes to do a complete DNA analysis within 120 days or by trial date.

Bottom of the list are those cases with no known suspect. “This is what we believe should change,” says Hancock. “With a DNA database, reoffenders would immediately be identified.”

For this to happen, aspects of the Criminal Procedure Act of 1977 need to be amended in order for the country’s police force to be able to routinely use DNA for forensic purposes. The act is out of date; back in 1977, nobody had started using DNA for forensic purposes and consequently the act doesn’t specifically regulate the use of DNA for criminal intelligence purposes.

To address this omission, the Criminal Law Forensic Procedures Amendment Bill was drafted in 2008. It deals with the use of DNA and looks to allow police access to fingerprint databases other than their own, such as those of the departments of home affairs and transport, which routinely take fingerprints for identification purposes.

The draft bill was subsequently divided into two parts — one dealing with fingerprints, the other with DNA. The fingerprint legislation has been adopted. As a result, in addition to about five million fingerprints recorded by the SAPF, the police will now be allowed to search the other databases and access around 33 million fingerprints.

The DNA part of the bill is on hold while the parliamentary portfolio committee overseeing the bill reviews presentations regarding the issue and travels overseas to see how DNA analysis is done in other countries. It is unlikely that any decision will be made on the bill until next year.

If the bill is passed, which seems likely, capacity issues will have to be addressed if it is to be implemented effectively. One solution, given the lack of capacity of the SAPF, would be to outsource work to private laboratories.

“The capacity does exist out there to make this work,” says Hancock. “The immediate demand could be met. The use of private labs for the analysis of reference samples taken from arrestees would be a short-term solution, but they are used everywhere else and it is regarded as international best practice.”

But there remains a need for more qualified personnel within the SAPF and to that end, Hancock, as part of an initiative funded by the sponsors of the DNA Project, has been instrumental in developing a post-graduate qualification in forensic DNA analysis so that the state will have access to well-qualified personnel. This degree is already being offered at the University of the Free State and will be offered next year at the University of Cape Town. “The course material is freely available to any South African post-graduate institution,” she says.

Although the draft bill might be on hold, the DNA Project is promoting and publicising the use of DNA analysis in the fight against crime. The DNA Project is a non-profit, public-benefit organisation lobbying for the expansion of a national DNA database and it proposes that DNA profiles be created from DNA samples collected from crime scenes and from all those suspected or convicted of a crime.

“In this country, such a database would be hugely beneficial because of the number of criminals who reoffend,” says Hancock. “If you get them on the database the first time they commit an offence, then if you don’t convict them for their first offence you will hopefully do so when they reoffend.”

The DNA Project has just launched a new campaign aimed at promoting DNA awareness in South Africa. “We are primarily targeting community police forums and security companies,” says Hancock.

“The latter are often the first on a crime scene. You press a panic button and they are the first to respond. We want to ensure that anyone who is first at a crime scene ensures that any DNA evidence is preserved as it can easily be contaminated or destroyed. This evidence should be collected by trained SAPF crime-scene investigators.”

This nation-wide campaign sees the DNA Project offering free DNA awareness workshops to educate people as to the benefits of utilising DNA evidence for crime detection and prevention, and the need to contain and not contaminate a crime scene. “We would like to offer these workshops, which are free of charge, to those who are likely to be the first to arrive at a crime scene. For example, first responding officers, security guards, police reservists and paramedics.”

The DNA project is hoping to get this message to 10 000 people this year and they also have government funding to reach as many schoolchildren as possible. “Genetics is part of the school curriculum,” says Hancock, “and forensics is something they study — and many of them watch CSI on TV.”

The workshops will provide a basic understanding of how DNA profiling can be used to assist in criminal investigations in South Africa and the importance of preserving DNA evidence which may be at a crime scene. “This is essential as no matter how good our legislation or our laboratories are”, says Hancock, “we need to have the evidence properly preserved and collected at the crime scene.”

FORENSIC DNA evidence plays a vital role in criminal investigations because it can identify and help convict a suspect who is guilty of committing a crime or prove the innocence of a suspect who has been wrongly accused of a crime.

WHAT IS DNA? WHERE IS IT FOUND IN THE BODY?

DNA stands for deoxyribonucleic acid. This is the name for the chemical which is found in almost every cell in the human body and which is the blueprint or recipe for that person’s characteristics. Everyone’s DNA is unique (unless they have an identical twin). A person’s DNA is also exactly the same in every cell of their body. For example, the DNA pattern, also known as the DNA profile, in a human’s blood is the same as the DNA in his or her skin cells, body tissue, semen and saliva, which makes it possible to compare crime-scene evidence such as semen stains, saliva on cigarette butts and blood on clothing, with DNA obtained from a blood sample or cheek scraping taken from a suspect.

WHAT IS A DNA PROFILE?

A DNA profile is simply a unique list of letters and numbers obtained from a person’s DNA that acts as a personal identifier. A DNA profile contains no information about a person’s physical characteristics, their mental predisposition or anything about their medical his-tory. In the same way as fingerprints link a suspect to a crime, DNA provides scientific evidence that can identify or exclude a suspect from a police investigation. It can also be used to identify a victim through DNA from relatives, even when a body cannot be found. DNA profiling can also link two or more crime scenes. When evidence from one crime scene is compared with evidence from another, the police can tell whether it was the same person who had committed two different crimes. Even very old cases, which the police thought would never be solved, may contain DNA evidence that can be used to identify the person who committed that crime.

HOW CAN DNA HELP TO IDENTIFY A SUSPECT?

Once DNA samples have been collected from a crime scene and processed at the Forensic Science Laboratory, the DNA profile, which is the identification number taken from the DNA sample, can be compared with the DNA profiles taken from a known suspect. If no known suspect exists, the DNA profile taken from the crime scene is still valuable, as when it is entered onto the national DNA database, the police can see whether that DNA profile links to another known DNA profile on the DNA database or perhaps it may even link several different crimes to each other.

— DNA Project.

DNA DOES NOT ONLY PROVE GUILT, BUT IT CAN ALSO PROVE INNOCENCE. IN THE UNITED STATES, 258 PEOPLE HAVE BEEN FREED FROM PRISON ON THE BASIS OF DNA RESULTS. THE AVERAGE TIME THEY HAD SPENT IN PRISON WAS 13 YEARS. SEVENTEEN OF THEM WERE ON DEATH ROW FOR CRIMES THEY NEVER COMMITTED.

Posted in Crime Scenes, DNA Detective, DNA Project, Forensic Career, Latest News, Legislation, Links, Newsletter, Press | No Comments »

Murder mystery in JHB

Friday, September 3rd, 2010

Many of you may have heard of our very own “DNA Detective”, Prof Valerie Corfield? Renowned for her innovative and inventive teaching methodologies, Prof. Valerie Corfield is one of our appointed DNA Awareness trainers, based in the Western Cape. If you haven’t seen her in action, you should put it on your ‘bucket list’. Prof Corfield has the ability to transcend all boundaries in such a way that you are not even aware that you are actually learning something at the same time.

Learning about 'ice breakers' in training from Prof Corfield

Prof Corfield in action

Next week the ‘Prof. of DNA’ will facilitate a murder mystery evening in JHB at the Sci-Bono Discovery Centre to raise awareness about DNA technology in South Africa. If you can, I encourage you to go and play ‘CSI detective’ with this DNA Detective on Tuesday, 7 September at 6:30 pm. You will enjoy an evening full of plots, sub plots, intrigue and numerous contradictions as you determine the modus operandi and sift through multiple motives to identify the murderer. The Prof will make you interview witnesses and suspects, gather evidence and decide for yourself what really happened one dark night in Newtown.

But in all seriousness, the murder mystery evening at Sci-Bono has actually been designed to allow you to explore the science of DNA profiling and find out more about how forensic DNA databases can be used as a tool to catch criminals. You will be invited to join the discussion about the ethics of DNA profiling and decide for yourself if South Africa needs a criminal intelligence DNA database.

TITLE: MYSTERIOUS MURDER OF DR. NOALL X PLOR  – DNA profiling in South Africa.

DATE: Tuesday 7 September

TIME: 6:30 pm for 7:00 pm

VENUE: The Sci-Bono Discovery Centre

RSVP: speaktoascientist@sci-bono.co.za or call Refilwe Pico at 011 639 8448

In the meantime we have been extremely busy making contact with countless security companies, police reservist clusters, paramedics, CPF’s and any other groups whose personnel may arrive first on a crime scene – we have been offering FREE DNA Awareness workshops throughout South Africa in an effort to educate people about the importance of preserving DNA evidence at a crime scene and how that evidence can be used in helping solve crime. We have qualified trainers in most provinces and have printed materials which we hand out to trainees FREE of charge to facilitate these workshops.

Workshop in JHB at Tracker being filmed by SS1

Workshop in JHB at Tracker being filmed by SS1

We have raised the funds to create this awareness, yet it is amazing how slow organizations have been to take up this incredible opportunity. There is no catch. This is what we are about – we want to promote DNA awareness in South Africa and the more people who are aware of its amazing potential in crime fighting, the better. Please – contact us so that we can arrange a workshop for your organization or CPF – alternatively SPREAD the word. We can have all the legislation, scientists, facilities and equipment in place – but if we don’t preserve the evidence for proper collection – all that is worth nothing.

Please let us know if you or your organization would be interested in helping us host a training session/s and we will send you further information. Email Maya, our training coordinator at maya@dnaproject.co.za

with thanks

Vanessa

ps – below a few images from some of our workshops held in Gauteng and KZN.


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DNA Laws are being passed everywhere but here!

Monday, August 23rd, 2010

Many of you may have caught Carte Blanche last night where I was interviewed on behalf of The DNA Project (click here if you missed the Carte Blanche interview). The overwhelming message was that we urgently need to pass DNA legislation in SA in order to utilize our DNA Database in such a way that it provides criminal intelligence. DNA is the gold standard for criminal investigation throughout the world and yet here in SA, where it is needed the most, we are being held to ransom by the members of Parliament who have yet to resume deliberations on the DNA Bill.

Why? Why are our Parliamentarians so slow on the uptake to implement laws to regulate this amazing technology which we have at our disposal?

The first phase of the DNA Bill which dealt with fingerprints was adopted in March 2010 – it is now August 2010 and we have not heard a word from the Portfolio Committee as to when they will be returning to Parliament to consider Phase Two – DNA. The World Cup is over, and everyone else seems to have gone back to ‘business as usual’, but every inquiry I make as to the whereabouts of the people who are supposed to be looking at this bill, are met with a blank stare or worse yet, “I don’t know”. This is unacceptable. But what can we do about it? We can speak up! That’s what.

Have a look at the following link: http://www2.wnct.com/news/2010/jul/15/13/dna-sample-testing-system-expanded-new-nc-law-ar-300849/

Don’t you wish we had more politicians who acted like the Governor of North Carolina in the USA, Bev Perdue? How many of our politicians have been effected by a violent crime just like she was? But what are they doing about it?

Perdue calls DNA testing the 21st-century fingerprint and she believes it will help prevent violent crime across her state. “In many, many cases DNA becomes the difference maker,” says Governor Bev Perdue. Starting in February, police across North Carolina will take DNA samples from anyone charged with murder, rape, or other violent felony crimes. The General Assembly passed the bill in July 2010.  Officers say it will prevent crime and solve cold cases. “It also helps us exonerate the innocent because it is so precise,” said Roy Cooper, North Carolina Attorney General.

Perdue says DNA samples will keep repeat offenders off the streets, preventing crimes like the murder of her dear friend Kathy Taft.

“This became personal to me especially because one of my 30-year best friends was murdered during the spring,” said Perdue. DNA testing was used to bring Taft’s murderer to justice in May this year.

The North Carolina State law enforcement has solved nearly 1,400 crimes using the existing DNA database.  Now with earlier testing, they’re looking to solve even more.

And I love this message from Perdue for lawmakers who still call DNA testing unreasonable search and seizure. “We have 21st century science and technology that allows us to catch really bad people faster and it is really unreasonable for the elected leaders and all of us to not move forward to make our streets as safe as we can,” she said. Hear! Hear! (wish you were here!)

Attorney General Roy Cooper says the law has privacy safe guards.  It’s a felony to misuse DNA and law officers will delete DNA records from the state’s database if the person is acquitted or their charges are dismissed. In addition, Law enforcement from the local level to the SBI will now of course have new responsibilities and they’ll undergo training on how to use the swabbing kits for collecting DNA.

Now, how difficult could that be to implement in SA? What exactly is preventing us from writing a story like the one above?

Vanessa

ps. since writing this blog, one of the portfolio committee members tasked with reviewing the bill has responded to my email requesting further information on the lack of progress of the bill – see the below commentary to follow what has transpired to date. I will continue to post the responses as I receive them. V.

Posted in DNA Detective, DNA Project, Forensic Career, Latest News, Legislation, Links, Newsletter, Press | 4 Comments »

Where have all the police gone?

Wednesday, July 21st, 2010

It seems that most things are back to  ‘business as usual’ post the world cup, which took not only SA, but the rest of the world by storm. We seem to have been left with a wonderful sense of goodwill, patriotism, and a realisation, that if our Government really wanted to, they could control crime…. The stats on crime levels over the World Cup period are going to be released at the end of the year, and it will be interesting to see whether the crime rates rose thereafter. We all know they decreased over Jun/Jul, so only time will tell if the ‘back to business as usual’ principle applies to our SA Government relapsing into not being able to control the crime spiral we have come to live with.

Basically it all boils down to VISIBLE POLICING! They implemented it in NYC to great effect; the Western Cape have been pushing for it over the last few years to good effect and it was used during the World Cup to demonstrate how effective it really is.  We should be pushing for visible policing as one of our basic rights in this country and must be careful not to fall down the slippery slope of complacency and acceptance the further we move away from the “Great World Cup”.

My last blog published a tender from the State Forensic Lab inviting private labs to bid for business to assist the state labs with processing capacity. I received a number of queries subsequent to this blog entry around why it is important and what it means for SA. The below questions and answers hopefully cover most of the issues raised, but please feel free to email me should any other issues surrounding this bid remain unclear:

Why is this bid important and what does it mean for The DNA Project and SA?
A dynamic common to most countries that implement forensic DNA databases is the necessary development of a private sector market.  This is a natural result of the passage of database legislation.  Few country laboratory infrastructures were designed with forensic DNA databasing in mind. And the passage of legislation results in an immediate and large volume of offender testing that needs to be accomplished in order for the database to be effective.  Also, offender sample testing is conducive to automation and doesn’t require the same level of “bench” expertise that law enforcement crime scene specialists should be doing.  Ultimately, private sector automation is a more cost effective way to approach such testing.  The development of a private sector market contributes to cost efficiencies.  In the United States, when databasing first began, offender samples were being analyzed at approximately $80 per sample.  Because of competition, samples are now analyzed at less than $30 per offender sample. The DNAP has engaged widely with private forensic labs throughout South Africa who are willing to assist the state labs with their throughput capacity. We welcome this move by the state forensic labs to explore future private-public partnerships in order to facilitate the backlog and implementation plan proposed by the police to the portfolio committee to ensure the ultimate success of the legislation.

There are  three parts to the tender (apart from the general laboratory requirements): Training of SAPS personnel to collect non-invasive samples; DNA extraction/non extraction and the actual profile laboratory service.   The difficulty for anyone submitting a bid will be the lack of detail and commitment from SAPS FSL.

Service providers are advised to submit their questions and concerns to the office of SAPS SCM (Ms Jacobeth Majola) where the bid documents were collected.

In order to make any commitment, a laboratory service provider would need guaranteed sample numbers before making the substantial instrument and infrastructure investments.   A one year contract is simply too short to recoup the investment.   By the time the tender is awarded some months would have been lost from the twelve month period.   Next will be the time required to train SAPS personnel to collect samples before a single sample can be run.   However, if the database is to include, for example, all current and future prison inmates, SAPS and military personnel this could be a starting point to submit potential sample numbers for profiling.   This would assist potential service providers drawing up a business plan and possibly submitting a meaningful bid.

(1) The training of police officials to take non-intimate samples is not dependent on the Forensic Amendment Bill. The new National Heath Bill regulations permit SAPS officials to take non-intimate samples— hence SAPS require that officials at all Police Stations are trained to take the non-intimate samples when the contract is awarded. Thus officials will not be required to take suspects to a medical practitioner anymore to take the non-intimate sample- provided they are trained in terms of the National Health Regulations.

  (2) It may be unlikely that the same service provider who will perform the DNA testing services will also be performing the training of officials to take the non-intimate samples.  
* the lab performing the testing will not be required to train officials to take samples
* until the legislation is finalised, there will not be large scale DNA testing services required by the private     laboratories- pilot projects will be run
* the bids do however provide SAPS an opportunity through a formal process to report to parliament on the interested     capacity of service providers 

. (3)  Service providers must bid on their existing DNA testing capacity (indicate what is the absolute minimum quantities that will justify them to provide the service) and   also indicate what expansion they are capable/willing to do and lead time to provide the increased sample typing service.

  (4) The fact of one year for a contract being too short has been noted by and communicated to the appropriate SAPS principals.

The Portfolio Committee will be looking closely at the private sector capacity on their return from their overseas tour of International Forensic Labs, and as such it is vitally important that the private sector come on board to assist the state labs with processing capacity – the more profiles that are processed and entered onto the database, the greater the chance of a match being made.

Finally, here is an opportunity for the good guys to make money out of crime! Don’t let this opportunity pass you by.

Vanessa


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Ask me about ‘DNA CSI’…

Tuesday, May 4th, 2010

Why DNA CSI?

In order to make people aware of the value of DNA evidence left at a crime scene, we thought that the use of a basic yet catchy acronym would go a long way towards helping people remember what to do or rather what NOT to do, when they come across or are involved in a crime scene. By following the six simple steps contained in the acronym DNA CSI, we believe that we can help educate the SA public and key sectors of the community in being able to assist the police in containing vital DNA evidence left behind after a crime has been committed.

Simply put:

The Background behind DNA CSI

During the course of 2009, The DNA Project funded the production of what it calls the “DNA Awareness Training DVD”, which it aims to utilise to provide critical crime scene awareness training throughout certain sectors of the community as well as the general public in South Africa. The training DVD contains basic information about DNA profiling and the value of DNA evidence, how to contain a crime scene as well as information about the National DNA Database and current legislation which seeks to regulate this area of the law. This information will be of benefit to all first responding crime scene officers and trainees, paramedics, CPF’s and the like, regardless of their role or rank. It will also be useful to the general public as it will enable all these sectors of the community to ensure that any DNA evidence left at the crime scene, is properly contained and preserved for collection by the Crime Scene Examiners, who in turn will be able to use that DNA evidence to provide intelligence and corroborative evidence in crime investigation.

DNA CSI DVD

The DNA Project’s core aim for 2010 is to disseminate this information throughout SA as widely as possibly in an effort to create critical DNA Awareness. The rationale behind this objective is that without the proper preservation and collection of valuable DNA evidence left at a crime scene, the opportunity to link the perpetrator to with the crime committed, will be lost.

In summary, the DVD:

  • Provides a simple summary of DNA, the techniques of DNA profiling and the benefits of a National DNA Criminal Intelligence Database in crime investigation.
  • Identifies the responsibilities of the “First Officer Attending” the crime scene with potential DNA evidence.
  • Identifies the potential sources, locations and limitations of DNA evidence.
  • Highlights the importance of the correct handling and packaging of samples from crime scenes, suspects and complainants.
  • Provides information relating to the legislation that regulates the use of DNA as an evidential tool.

The DNA Project has convened a ‘DNA CSI’ Project Team Drafting and we have busy with:

  • drafting documentation to send out to potential recipients of training together with information about the DNA Awareness training being offered.
  • Creating feedback forms, post- and pre-assessment forms and other documentation which will be used during the course of each training session.
  • Developing a Trainers Protocol which sets out precisely what each Trainer must present at each workshop in order to ensure consistency throughout the program.
  • Finding and appointing appropriate trainers in the Western cape, KZN, Gauteng, Freee State and Mpumulanga
  • Co-ordinating a Trainers Workshop on 2 June 2010 where all the Trainers will meet and discuss in detail the Trainers Protocol which has been developed by The DNA Project in order to ensure consistency in workshops.
  • Developing the Information Booklet which will be given out at each training session to recipients of training.
  • Creating a spreadsheet which contains all the potential recipients of training such as province, location, sector, number of branches per sector, contact person and contact details per sector.
  • Co-ordinating training schedules and training workshops with the recipients and trainers.

The information contained on the DVD is going to be available free of charge as will the information booklets and a DVD’s per session. Each organisation/group receiving training would be required to arrange a venue for the training presentation and the trainer would provide the projector, laptop and other training materials. Each workshop will be approximately 1 and a half hours. A minimum of ten and maximum of twenty five people per session is recommended and no more than 4 workshops in any one day are to be given per venue/trainer.

Do you want to get involved?

If you or your community/group/workforce are interested in receiving training or know of any group who would benefit from this information, please contact us via kusha@dnaproject.co.za and she will send you the necessary information.

with thanks

Vanessa

Posted in Crime Scenes, DNA Detective, DNA Project, Latest News | 1 Comment »

If you come upon a crime scene…

Friday, April 30th, 2010

We have been extremely busy putting together training protocols, workshop schedules, DNA awareness booklets and information in preparation for the launch of our ‘DNA CSI’ Awareness Campaign through which we are hoping to help educate the South African public and key sectors of the  community (security guards, CPF’s, paramedics etc) on how to preserve valuable DNA evidence on a crime scene in order to ensure that it is not damaged or destroyed before the Forensic Experts arrive.

But more of that next week…..

Whilst looking through some research material on crime scene preservation this morning, I came across an old letter that was given to me shortly after I started the DNA Project. An elderly gentleman, who had fought in the war, had heard about what I was doing, contacted me and asked to meet for coffee as he said that he had valuable material on crime scene management that he would like to give me. He was very persistent, and eventually I agreed to meet him at a public coffee shop. He turned out to be a delightful old man and I am glad I took the time to meet him albeit his crime scene management was a tad outdated!

The following letter is a transcript of what he handed to me at our meeting, in all seriousness, which I have kept to this day.  I share this with you because every now and again we need a bit of light relief,  and some days we need it more than ever: when I read it again this morning, I laughed out loud and hard, as it really is the most unique “Crime Scene Management Advice” that I have ever come across! It goes as follows, and I am typing it out verbatim,  the emphasis and CAPS, copied out as they appeared in the letter:
“IF you come upon a Crime Scene…..


STOP

LOOK

LISTEN

DO NOT blunder around like a herd of buffaloes – if you do you may, easily, destroy vital evidence and the crook will go unpunished.

STOP – freeze and LOOK carefully all around you:- is anything familiar out-of-place? Is there a footprint? Is there blood spattered about? is there a whiff of dagga about? is there a lump of human sh#% in the middle of the lounge carpet? (if so put it in a clean plastic bag eg. the one from Pick n Pay or Checkers). It could provide a vital clue.

LOOK – see above.

LISTEN – is anyone moving about? Have you got a pepper spray? (EVERYONE should have one) .

If you hear any sounds prepare to use the spray ABSOLUTELY RUTHLESSLY.

ALWAYS go for his eyes or his balls – the kneecaps can easily be broken too.”
Vanessa :)

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2 recent cases solved by DNA – in SOUTH AFRICA…

Monday, February 22nd, 2010

I was reading the Cape Times last week when I came across two articles relating to DNA profiling, in the same edition (Wed, 17 Feb, 2010) – both articles referred to the use of DNA profiling in the South African courts which had in one case, exonerated a man from murder and in another case, positively linked another to the brutal rape and murder of a five-year old child. I found both cases to be compelling reading, because it showed what a reliable source of evidence DNA can be and how it can literally exclude or implicate someone as a suspect – it either is or isn’t your DNA – there is no grey area when it comes to matching DNA profiles. That is what is so brilliant about this technology and why we advocate so strongly for its use in crime resolution in South Africa.

In the first case, Marshal ‘Boytjie’ Gesels, from Delft in the Western Cape had been accused of raping and murdering five-year-old Chelsea Jacobs two years ago. Chelsea vanished when her grandmother sent her to the shops to buy sugar on July 29, 2008.
A massive search was launched and she was found alive but unconscious in a field near her home. A brick which had been used to bludgeon her was found at the scene. Tragically, she died in hospital and Gesels, who lived in a nearby house with Chelsea’s mother’s boyfriend, was spotted with blood on his pants and shoes that evening. He was arrested a day later.

Two forensic biology analysts who worked in the SAPS Forensic Lab testified in court that DNA tests performed on the evidence, linked Gesels to samples taken from him and Chelsea.  Peta Davidtsz, a Forensic Scientist working at the Lab at the time  found that semen samples taken from Chelsea’s legs matched Gesels’s DNA profile. Sergeant Siphokazi Maweni, another forensic biology analyst who had examined DNA samples taken from Gesels’s jeans and shoes, testified that the DNA from those swabs of blood as well as a stain on his jeans’ were found to be a positive match to Chelsea’s DNA. Gesels alleged that he had kicked a dog whilst playing soccer and his explanation was that it was the dog’s blood on his clothing. However, the use of DNA profiling has proved otherwise…. it’s a 100% match and he cannot argue himself out of it either.

In another unrelated case, DNA has shown that it can be used to exonerate the innocent.  Rudi Venter, a graphic artist from Douglasdale, north of Johannesburg, was arrested for his wife’s gruesome murder following the interpretation of a police “expert’s” opinion based on the pattern of the blood splatters on the crime scene. Venter has however always maintained his innocence since August 2006 when his wife was bludgeoned. He told police at the time of her death, of seeing two unknown men running out of the garage that morning. The men were never apprehended, but Venter  was arrested about a year later on the strength of a report compiled by the police expert. According to the policeman’s CV, he had attended seminars on the analysis of blood splatter at crime scenes and was thus regarded as an expert.

It has emerged only now, after probing by Venter’s defence team, that the DNA samples obtained at the scene contained the blood of the victim and that of two unknown males, but Venter’s blood had not been found anywhere on the crime scene. This confirmed his version that he had seen two men come running out of his home shortly before he discovered the body of his wife. The State has subsequently withdrawn its case of murder against Venter….

As compelling as both of the above stories are, it also highlights the urgent need to ensure that all crime scenes are secured to avoid the contamination of any evidence on the crime scene – only once critical DNA evidence is collected by the crime scene investigators, can DNA evidence be used as a powerful weapon to prove or disprove a case. This is why The DNA Project is focusing on DNA Awareness this year:  How can we ensure that a crime scene is secured until such time as any possible evidence containing DNA, can be properly collected. The DNA Project has already taken the first step in this regard and we have funded the production of a DNA Awareness DVD together with an information booklet. The Mike Thomson-Change a Life Trust have put its full support behind this DNA Awareness Campaign and will be sponsoring an educational DNA Awareness Campaign to ensure this crucial information is spread throughout SA as widely as possible. We are currently working on a Roll-out plan to disseminate this information and will be approaching Emergency Services, Private Security Services, the general pubic, CPF’s and Police Reservists – in fact anyone who may arrive first on a crime scene, but who in fact, should not be interfering with the crime scene – instead, the idea is to teach these people how to help ensure that DNA evidence is preserved at all costs… in other words, “DNA CSI”…

D – DON’T TOUCH

N – NOTE, RECORD AND OBSERVE

A – ASSIST OTHER OFFICERS WHERE REQUIRED

C – COMFORT & AID VICTIMS

S – SECURE THE CRIME SCENE

I – INSIST NO-ONE INTERFERES

If you are interested in learning more about this DNA Awareness campaign, please contact us at info@dnaproject.co.za
- let’s all put our shoulders behind the wheel to help educate ourselves and others as to how best we can use this incredible technology to fight crime in SA. Being empowered by this knowledge, we believe, is a good first step.

Vanessa Lynch.


Posted in DNA Detective, DNA Project, Latest News | 1 Comment »