We are looking for an additional DNA Awareness Trainer to host our DNA workshops in the KZN region. If you are passionate about DNA and fighting crime and are  confident, presentable with good public speaking skills then please contact us for more details. Preference will be given to someone with knowledge of genetics and/or forensics.

This is a part time position where you will be paid per workshop.

Please contact Grant ASAP on grant@dnaproject.co.za if you or even someone you know, are interested in conducting DNA crime scene awareness training.

with thanks

Vanessa

On the 2 November 2011, The Portfolio Committee for Police finally adopted the Report in respect of their recent UK/Canada Study Tour. Click on the following link to read the 2011 Report Canada & UK

I have had a copy of the report for several weeks now and have had some time to consider  their findings and recommendations, which I discussed and presented at a recent DNA Conference in Pretoria. Whilst there are some valid findings within the report, there are also some alarming remarks such as “The information received during the study tour showed that DNA was less effective in helping to solve serious crimes like rape and murder, as opposed to property crimes like break-in and entry.”

This type of comment is not only untrue in a South African context, but is irresponsible insofar as failing to recognise the context of this finding. In first world countries such as Canada and the UK, the majority of crimes are robbery and not murder and rape, hence the majority of cases using DNA are, yes, you guessed it, robbery. In addition to this fact, because the career path of a criminal starts with relatively minor crimes such as burglary, these criminals are apprehended and taken out of society long before they go on to commit more serious crimes such as rape and murder.

In South Africa, one just has to study a few cases, where serial offenders could have been identified long before more of their victims were raped or murdered, to realise how vital a role DNA plays in linking otherwise unrelated crimes to each other and identifying the suspect at an early stage of the investigation.  At the recent DNA Conference referred to above, the prosecutor who handled the Mogale case as well as a member of SAPS dealing with serial offenders, showed that DNA is one of the MOST effective forms of evidence in prosecuting serial offenders and linking serious violent crimes in South Africa.

serial rapist and killer: Jack Mogale

I will continue to post my reviews and comments in respect of this report over the next few days as well as a summary of what is in the report. In the meantime, please, keep your comments coming in as I am interested to read what you have to say about this report, which I remind everyone: is not binding and only relates to TWO out of some many more countries in the world who are using this technology as a crime fighting tool.

Below is a verbatim extract of the Committee meeting held in Parliament on the 2nd November 2011, when they adopted the final report (courtesy of the PMG):

Dep. Commissioner Paulsen of the RCMP raised general issues affecting the police and the use of DNA as an investigative tool, privacy rights and general staffing and retention challenges

UK/Canada Study Tour Report
The report of the Portfolio Committee for Police’s study tour to Canada and the United Kingdom from 24 June to 10 July this year, was tabled.

The tour was undertaken to study the impact and implementation of deoxyribonucleic acid (DNA) legislation in both countries, as well as the forensic services, facilities, procedures and best practices in respect of DNA and DNA data bases.
The Criminal Law (Forensic Procedures) Amendment Bill, which was introduced in Parliament in 2009, was aimed, among other matters, at providing a legislative framework in respect of the taking and storage of DNA samples and DNA profiles, and the establishment and regulation of the administration of a national DNA data base.  The Bill was later split and the part of the Bill that dealt with DNA issues was not passed.  It was anticipated that the proposed DNA legislation would be dealt with by the Portfolio Committee on Police in the near future, and to prepare for this, the Committee undertook the study tour.

The report dealt with the background to the tour, a brief history of the use of DNA in fighting crime in South Africa, some of the current challenges at the South African Police Services (SAPS) Forensic Science Laboratory, observations and findings during the visits to the two countries, consideration of legal and ethical issues, and recommendations in respect of proposed DNA legislation in South Africa.  It was emphasised in the report that the recommendations would serve only as a guide, and would not be binding on the committee when it considered DNA legislation.  A clearly costed and comprehensive implementation plan, describing the cost of each phase, should accompany the processing of the Bill.

The report’s recommendations covered three main issues.  These were the traditional arrangements regarding current DNA practices, the protection and limitation of constitutional rights, and areas for consideration in the processing of DNA legislation.

The report noted that unlike Canada and the United Kingdom, South Africa had no legislative system regulating the collection, storage and keeping of DNA.  It would thus be important to consider provision for transitional arrangements in the legislation.

The legislative process needed to take into account that South Africa had a Bill of Rights which was entrenched in the Constitution, in terms of which fundamental human rights were protected and guaranteed.  Any proposed legislation that would govern the collection, storage and use of DNA of a person would need to fall within the parameters of the Constitution, and any information stored in, and the administration of, a proposed national DNA data base, had to be safeguarded against any unauthorised access and possible abuse.

The following human rights were relevant:
The right to human dignity ( Section 10); the right to privacy (Section 14); the right to equality (Section 9); the right to bodily and psychological integrity (Section 12(2)(b)); the rights of arrested, detained and accused persons (Section 35); limitation of rights (Section 36); and the rights of children (Section 28).

Areas to be considered when processing DNA legislation included a decision on what the country wanted to achieve through DNA legislation, the cost implications, the requirements for the secure storage of DNA samples and profiles, the effective administration and control of a national DNA data bank, and a wide range of implementation issues.

The report concluded that while the evidential value of DNA could not be denied, it was important for the public to have realistic expectations about the capabilities of DNA and the implementation of DNA legislation once it had been passed.  The information received during the study tour showed that DNA was less effective in helping to solve serious crimes like rape and murder, as opposed to property crimes like break-in and entry.  While acknowledging the role of DNA in the fight against crime, the report pointed out that DNA evidence in itself could not solve crimes, but could merely assist the police in the investigation of crime and had to be used in conjunction with other evidence.  The comparison of fingerprints obtained from the crime scene was equally important and should be equally emphasised.  Parliament had passed legislation on fingerprints, but this legislation had not yet started to yield results.  This emphasised the importance of thorough police investigation skills, among other things, to follow up on leads and other corroborative evidence.

The safeguarding of DNA samples against contamination – from the time of taking, right though the chain of custody – was important to ensure the quality and integrity of samples, and to ensure that DNA evidence would be accepted by the courts.  Although no conclusive statistics were available, it had been found in the United Kingdom that convicted persons whose DNA profiles were contained on the national data base, were not deterred from re-offending.  This led to the conclusion that a national offender index or data base was not a deterrent to committing crimes or re-offending.

It was also important to note that the countries visited were both first world countries, with bigger national budgets and better police facilities, compared to South Africa – which also had a much higher crime rate.  It would therefore take some time before South Africa would be able to see an improved criminal justice system that was on a par with these countries as far as the introduction of DNA legislation was concerned.

Mr G Schneeman (ANC) proposed the adoption of the report, and was seconded by Ms D Kohler Barnard (DA).

The report was unanimously adopted.

THE HANDBAG PROJECT

Durbanite Jessica Foord became a heroine to many South Africans when she showed courage and selflessness by establishing The Jes Foord Foundation (JFF), following her traumatic rape by four men in 2008.

One of her initiatives is the Handbag Project which the DNA Project actively supports. New or used handbags are donated, containing items that can assist a rape victim during the initial reporting process at the police station. These are things such as a facecloth, soap, deodorant spray, new underwear, etc. Typically, any item of clothing with forensic evidence on it must be taken from the rape victim, at a time she already feels so vulnerable. She then must undergo physical examination before being allowed to shower.  A handbag with ‘comfort’ items in it can go a long way in helping the victim feel a little better.  The most important item in the bag however, is a letter with a few words of encouragement to restore some hope to the victim during this traumatic time.  Jes said it can be a few words or an essay but something from your heart to theirs i.e.   “No matter what has happened you are special, and please don’t let anyone take that away from you.  You can, and will, get through this. There are so many people who really care and will help you gain your strength.  This gift is given to you with love from Louise”.  When you are at your lowest, just receiving the bag with all the goodies, a simple gift that can give you hope which is a fundamental step in recovery.

Volunteer, Francesca Lynch sorting and packing bags at our offices, to prepare to deliver them to Rape Crisis Centres

Jes put out a plea this year asking women to donate good condition handbags i.e. bags which are no longer used or which have been received as a gift but will never be used.  Each handbag received is packed with the items on the list below, or in some cases, ladies actually fill up their bags with the listed items before dropping them off.

In the Gauteng Region,  the bags are collected by a volunteer, Alta McMaster (cell: 082 940 6230 ) and delivered to Rape Crisis Centres and Victim Empowerment Centres  (VEC) who deal with the police stations.   The handbags are not given directly to the police stations to keep.  The handbags are monitored very carefully (i.e. they are  numbered and a register kept). In the Durban area, the bags are collected by The Jes Foord Foundation and in the Cape Town area, The DNA Project assists the Jes Foord Foundation by collecting and filling the bags where necessary and delivering them to Rape Crisis Centres in the Western Cape.

Volunteer Francesca Lynch with Dr Josias outside the Simelela Rape Crisis Centre in Khayelitsha

ITEMS NEEDED FOR TO FILL EACH HANDBAG FOR THE HANDBAG PROJECT
Face Cloth
Panties (med or large)-no g-strings
Sanitary Towels
Soap
Tooth Paste
Tooth Brush
Shampoo
Deodorant
Body lotion (small)
Bubble Bath (small or decanted)
Comb or brush
Tissues
Chocolate
Hair clips/Bands
Small soft toy
Note – words of comfort/care
Bag – to place the above items in

For those of you who listened to the Redi Thlabi show on Cape Talk/Radio 702 this morning (1/11/11), you would have heard the comments made by David Klatzow in respect of DNA Profiling in South Africa as well the responses called in by Carolyn Hancock and Vanessa Lynch to those issues. Here are the two clips to the show if you missed them, the interview starts on clip 1 from 12:15 and continues through the entire second clip. Or you can listen to the podcast here. We would like to hear from you. Did you agree with Klatzow? Please, post your comments below.

Redi Thlabi

These are some of the points which need to be considered:
1. Whilst we agree that everyone is entitled to their own point of view and open debate is essential in our society, we believe that the interview was not balanced and that Klatzow mislead the public on a number of issues. These include:

• It was never mentioned that South Africa does already have a DNA Database – there are 133 000 profiles on this database which is held by the Forensic Science Laboratory (a division of SAPS).

• Klatzow mentioned the “fabrication” of DNA evidence and the technology (PCR) which can be used to make multiple copies of DNA. Yes, this technology does exist but PCR is not used to make copies of the entire genetic makeup of an individual. To the best of our knowledge, no one has actually MADE DNA and then taken it to plant at a crime scene….. this is misleading to the public. IF someone had access to a vial of blood they could potentially use that to plant at a scene BUT any type of evidence e.g. a weapon, fingerprints etc can all potentially be planted at a scene. DNA is only one form of evidence in a case and no judge would convict someone on the basis of evidence that could not be substantiated.  Furthermore, criminals would generally not have access to technology such as PCR and certainly not your average police officer arriving at a scene – all of whom were made out to seem corrupt and incompetent in the interview.

• A DNA profile for forensic use and entry onto the Database does not contain any personal information -it is simply a list of numbers used as a unique identifier. This list of numbers is all that is kept in a database. If a match is made between a profile on the database (suspect) and a crime scene profile then the investigating officer would be informed and a fresh sample taken from the suspect to verify the results.

• The results produced at the State DNA Laboratory are highly reliable and seldom contested in court. We have highly trained personnel who are extremely competent and work tirelessly, for very little, to produce these results.

• David Klatzow seemed to know very little about the current legislation before Parliament where many of the issues he raised are being debated. He implied that this debate needs to be started….. it started in 2008 when the draft Bill was first considered. The issues have even been publicly debated in Parliament.  The DNA project made a submission, as did the NPA and the Human Rights Commission amongst others. Klatzow however, was not there. Just last week two separate conferences on Forensic Science and the use of DNA were held in Pretoria and once again independent stakeholders, SAPS, public prosecutors and international experts in the field attended – and debated relevant issues. Dr. Klatzow was not there.

• There is currently no backlog of DNA cases where the State has a suspect. The Biology Unit has been working extremely hard to effectively reduce this backlog. It should not be confused with the backlog at the at the toxicology lab which falls under the Department of Health.

Whilst we totally agree that the police services require additional training on crime scene preservation we believe that they are currently involved with numerous training initiatives and are aware of the problem. Simply throwing one’s hands in the air and declaring the entire police force incompetent is not a constructive solution to the problem. The DNA Project is currently conducting crime scene awareness training for all people who may be the first at a scene, including security guards and paramedics. We have also been instrumental in developing a specialised postgraduate degree for the training of forensic DNA analysts. This degree is already offered at 3 Universities in the country and in this way some capacity issues are being addressed.

Yes, there are a number of issues which need to be considered, including crime scene management and the proper collection of evidence, and the management and administration of the database. All these are critically important.

However, we were saddened by what was a biased interview which did not fully highlight the positive developments in the country, the incredible work done by many State employees and the lack clarification of some of the facts above.

Unfortunately crime in South Africa is an emotive issue – it affects us all and criminals need to be held accountable for there actions. DNA is one of the most effective tools at our disposal to objectively link a suspect to a scene – let’s not cloud people’s judgement by dwelling on the negative – we need to come up with constructive solutions to the unacceptably high levels of crime in our beautiful country.

This is a recent Cape Times article which highlights the numbers of Serial Rapists in South Africa and the number SAPS guys tracking down these rapists. In a country where a woman or child is raped every 26 seconds, we need more people tackling these type of crimes, and once the DNA database is running effectively, it can be used as another powerful weapon in their arsenal.

Johannes Jacobus Steyn's first appearance in Krugersdorp Magistrate's Court, where he faces a number of rape and murder charges.

THERE are roughly 1 500 serial rapists in the country, who have been active during the past three years – and these are just the ones the police are aware of.

But, despite the overwhelming number of cases, there are only five specialised police officers countrywide dedicated to investigating these types of criminals, says Gérard Labuschagne, head of the police’s investigative psychology section.

Situated in Pretoria and falling under the police’s forensic sciences division, the section probes psychologically-motivated crimes including muti murders, other unusual murders, serial killings and serial rapes. At any given time the section, which is stretched to capacity, is investigating a number of criminals around the country.

“When we detect some cases, we forward them on because there are too many for us to get involved in,” Labuschagne said in an exclusive telephone interview permitted by the national police.

“We’re always busy. There’s never a moment we’re not busy with a serial case in the country.”

In recent cases the section has dealt with, Thabo Bester, who became known as the “Facebook rapist”, was arrested two weeks ago and pleaded guilty to raping two models in Durban in August.

He was sentenced to 50 years imprisonment and faces more charges in Cape Town and Gauteng.

On Monday, Johannes Jacobus Steyn admitted to being the “Sunday rapist” who preyed on young girls in Gauteng and North West.

He also faces additional charges including 13 counts of rape, one of murder and 10 of kidnapping.

Labuschagne said there were currently about 1 500 serial rapists on the police’s database.

Some of these were still on the loose, some were in police custody awaiting trial and others may have been convicted. “But it’s impossible to know exactly how many (serial rapists) there actually are. We always assume there are more,” Labuschagne said.

All the 1 500 serial rapists on the database had committed a rape within the past three years.

Labuschagne said rapists were usually tracked using DNA samples and were classified as serial after committing two rapes.

“DNA is the easiest way to track them. When a case is opened we check at neighbouring police stations to see if there are similar cases. We look in other areas only if there’s a reason to look in that specific area,” he said.

Labuschagne said the police had a serial DNA unit in their forensics laboratory which had the list of serial rapists.

DNA samples of suspected rapists were tested and this was how more incidents could be linked to the rapists already on the list, or more names were added to it.

When the DNA unit had a “double hit” – when the DNA sample of a rapist matched another sample – he was classified as a serial rapist and investigations into his actions were intensified.

Labuschagne said there tended to be more serial rapists in KwaZulu-Natal and Gauteng. He did not know why.

He said the Western Cape had also had its share of serial rapists.

But he said up until about a year ago it had been difficult to track serial rapists operating in the Western Cape as officers in the police’s Western Cape Forensic Science Laboratory had only tested certain victims’ samples.

Usually, when a rape survivor was sexually assaulted and the matter was reported to the police, a sexual assault kit was compiled.

Samples, including bodily fluids forming part of the kit, were then tested and those results could then be matched to a blood sample taken from the rape suspect, linking a suspect to a rape survivor.

Labuschagne said previously, sexual assault kits from survivors in cases where a suspect had not been identified, had not been processed in the province’s forensics laboratory.

“The thinking was, if you don’t have a suspect why process that sample,” Labuschagne said.

He said this had changed in the past year when a new police officer had been put in charge of the laboratory, and now all samples were processed.

This made it easier to link suspects to cases, and police could therefore see if they could be regarded as serial rapists.

Labuschagne said aside from serial rapists, the investigative psychology section probed serial killers. “If there’s a murder series (a serial killer), no matter how busy we are we always get involved,” he said.

In Labuschagne’s 10 years in the investigative psychology section he said he had probed more than 70 serial murder cases and 200 serial rape cases.

Members of his section went out and helped detectives investigate a specific crime. They generally did not take over the investigation, but assisted and guided where they could.

Labuschagne said he hoped satellite stations, branching from the investigative psychology section, would be established in the provinces during the next two years as this would ease the section’s workload.

He said he was involved in training other police officers and once a year gave short presentations to detectives to sensitise them to the crimes they were likely to investigate.