Will a DNA database curb South Africa’s crime problem? This loaded topic was one of the two topics in the preliminary rounds of the SAASTA national Schools Debate Competition. The competition comprised of ten teams in each province debating in the model UN style. One team from each province moved onto the final in Johannesburg where the winners would win a trip to New York next year.

Discussion during the Grahamstown debate

The DNA Project had representative’s at each of the preliminary debates as the ‘experts’ to discern whether the ‘facts’ presented were indeed facts. After initial statements and rebuttals, the 10 groups had to come up with a draft conference paper, either for or against the topic. Not only were these draft papers very informative, it showed a great insight into the topics, with the knowledge and understanding presented at an extremely high level.

From an economic standpoint, one school highlighted that with the DNA database, crime rates would decrease, thereby making South Africa a safer attraction, thus increasing the number of tourist which would bring more income into our country. Below are some quotes from the conference papers.

“We have discovered through extensive research and communication that this will have positive outcomes to our economy as our reputation as a tourism spot and a good investment will increase and more employment opportunities will be made available and the curbing of crime unlocks the door to all these opportunities.” – Mafikeng High

“ We are aware of the major issue that the society has, which is the issue of the violation of privacy. Having we examined the process of DNA profiling, the process doesn’t in any way reveal personal information such as where you live [..or any inheritable genetic diseases]. The database only promotes advancements in economy, science and society. Noting with approval that this promotes employment, this leads to a happier society. We believe that this will bring down the barrier between the rich and the poor.” – Mafikeng High

The winner for best speaker from Hudson Park High School

Another example of the insight these schools had, one group insisted on an independent auditor of the process to eliminate any corruption.

With this level of knowledge displayed by kids ranging from grade 9 to 11, there is no excuse for ignorance in parliament or the committee on the importance of having a DNA database.

Having personally been to three of the debates throughout South Africa, we can rest assured that the fate of our future scientific endeavors are in safe hands.

Grant Godsmark

This article first appeared in The Mercury Monday 19th Septmeber 2011, written by ‘Stop Crime, Stay Hello’

At last we have some good news on the crime front. The recently released statistics reveal that murder has dropped by 53% in 15 years, house robberies are down by 10% in the past year alone and hijackings have decreased by a massive 23%. Some categories are up, but for the most part, these statistics are very encouraging.
Having celebrated – and celebrate we should – the question we must ask is how do we ensure that these decreases in crime are sustained? What are the obstacles to further successes in the future?

One of the biggest obstacles is the misconception that decreases in crime levels are simply due to the work of the police. This misconception is dangerous because it negates or rather nullifies the critical role that civil society – you and I – must play in the ‘fight against crime.’

Civil society’s role is twofold. On the one hand we must become an extension of the South African Police Force. This means that we must obey the law and report crime when we see it. The fashionable expression for this is that we must become ‘the eyes and ears of the police’.

On the other hand, we must become an extension of the Department of Social Development; helping to improve the quality of life and well-being of others and guiding those in our social, work or family sphere away from crime and towards lawfulness.

A good illustration of the respective roles of the police and Social Development concerns the issue of murder. Well over 80% of murder is committed between people who know each other personally. This means that, 8 times out of 10, murders takes place in homes, workplaces and social settings. They are often fuelled by alcohol and/or drugs. The police aren’t in our home, our factories or our local bars. We are. We need to take greater responsibility for the social issues that are so often leading to violent crime.

My point here is certainly not to knock the work of our police. I am the first to advocate that we need to support our heroes and heroines in blue far more than we do. My point is that there is more to defeating crime than policing. If we are to see further significant reductions in crime – reductions that we still desperately need – we must understand our role beyond sitting on the sidelines cheering the cops on. We must step up to the plate.

The importance of this cannot be overstated. In South Africa we have approximately 200 000 police but only around 12 000 social workers. This means that there is more capacity to fight crime than to prevent it from happening in the first place.

This is where we can help. With this few social workers, community groups, charities, faith based organisations, companies and individuals need to play a bigger role in uplifting communities and improving people’s lives. This is particularly needed amongst vulnerable young people in order to divert them from a life of crime.

So what have you and I done to contribute to these decreases in crime levels, or rather, what more can we be doing in order that these levels decrease still further?

Over the years, we South Africans have become gatvol with crime. This has prompted us to form various civil society groups; anti-crime campaigns, Community Police Forums, neighbourhood watches, private security companies, and other nongovernmental initiatives.

These organizations have their roots in our communities. They are made up of ordinary men and women concerned for the wellbeing and safety of their families and homes. These men and women are often where the police aren’t. They are our neighbours, our colleagues, our friends and our family members. They are you and I.

The correlation between significant drops in crime and significant increases in public awareness and community initiatives of this nature cannot be ignored.  In fact, civil society must be seen as the secret weapon in the creation of a safe and peaceful South Africa.

Flipside tip of the week:

We will see further significant decreases in crime levels when we, as civil society, take joint responsibility with the police for crime. We can do this in a number of ways; by becoming an active participant in our local Community Policing Forum (CPF), by committing to obeying the law ourselves (including the laws of the road) and by becoming the eyes and ears of the police, reporting all crime to 10111.

In addition to this, we must work to uplift people and guide them into lawful lives.  This can be done by mentoring a young person, talking with staff about the benefits of lawfulness and helping people to break free of addictions to drugs and alcohol. Such actions have a profound social impact and help to create an environment in which peace and safety can flourish.

Below is an extract from the remarks recorded from the Minister of Police, E.N. Mthethwa, MP on the occasion of the release of the National Crime Statistics on the 8 Sep 2011.

Click here to read the SA Crime Report 2010/2011
08 September 2011

2011 remains “A Year of Action: Ensuring That All People In South Africa Are, and Feel Safe.”

The current government has identified five key priorities and amongst them, is the issue of fighting crime and fighting the causes of crime.

In brief, our programme in this period consists of achieving better policing, a better-trained and efficient criminal justice system, involvement of society in the fight against crime, and a campaign to refurbish the moral fibre of the South African society.

In dealing with issues of crime, the government proceeds from a premise that: a rising quality of life also means improvement in the safety and security of citizens in their homes and environs where they live, work and engage in extramural activity.

The battle against crime cannot be separated from the war on want. In the main, incidents of contact crime such as murder, grievous bodily harm and rape occur among acquaintances in poor communities where living and entertainment environments do not allow for decent family and social life.

The release of the South African Police Service (SAPS) crime statistics for the period 1st April 2010 to 31 March 2011 cannot be equated to an occasion about statistics, numerics and graphs; rather as a reflection on the path we have traversed in the past twelve months.

This occasion affords us to gauge whether the strategies and systems we put in place are yielding the desired positive results.  The fundamental aim of our government is therefore to build a society where people will enjoy a dignified, improving quality of life and freedom.  However crime stands in direct opposite of achieving this goal.

Inevitably, freedom does not create itself.  Crime does not simply disappear; we must create conditions that will make crime disappear. This requires a concerted, united action by all South Africans.

The crime statistics for 2010/11 that are being released here today clearly show that we are making progress in some areas, there are instance where we are reaching stability and there are types of crimes which are still a challenge.  To this end, it is important to emphasize that our crime statistics have been audited.

We also engaged a number of different role-players to compare their experiences with regard to certain crime types. We have noted that there is convergence on our crime statistics with the stakeholders, in this field be they business, tracking and insurance.

Decrease in Contact Crime (Crimes against the person)
Contact crime is an area of crime which by its nature leads to serious feelings of fears of insecurity because it is this form of crime with which violence is normally associated. This contact crime also accounts for roughly one third of all crimes.

We are therefore encouraged to see that, for the 2010/11 financial year, contact crime generally decreased by 6,9% and that all provinces with the exception of North West and Western Cape, showed a decline in this form of crime.  In fact all seven categories of contact crime witnessed a decline (this refers to murder, attempted murder, sexual offenses, assault Grievous Bodily Harm, assault common, aggravated robbery and common robbery).

Decrease in Trio Crimes
Linked to the decrease in contact crime are the successes we achieved with regard to the trio crimes (that is house robberies, business robberies and vehicles hijacking)  and we note in a positive light the 10,7% decrease in trio crimes.

Decrease in Murder
Murder is one of the most reliable form of crime statistics and during 2010/11 the figure has dropped below the 16 000 figure; with 15 940 cases being recorded.  We are encouraged to see the murder ratio decreasing by 6,5%.

It is perhaps worth mentioning that during the 1994/95 period our murder ratio as a country stood at 27 000.  We further recognize that dealing with this sort of crime is not only dependent on police but it is a societal challenge which requires a coordinated effort.  These continuous reductions in murder indicate that government is succeeding in its efforts.

Decrease in Attempted Murder
During the 2009/10 financial year as we reported, attempted murder decreased by 6,1% and we are pleased to see a further improvement in this category. During the 2010/11 financial year, we have witnessed a 12,2% decrease in this category.

Decrease in Sexual Offences
One area that still requires our attention is that of sexual offenses. While we are happy that this category generally has declined over the last two years, were remain concerned about the number of rapes that occur in the country.

During the fiscal under review, the sexual offences ratio decreased by 3,1%. The number of reported cases of rape still remains unacceptably high; especially in lieu of the fact that such crimes have a lifetime negative on victims.  In addition we need to ensure that victims of such crimes feel safe.

Rape increased from 55 097 to 56 272 cases and we cannot seriously say we are winning the war against rape.  We have however taken various steps in addressing this scourge.

The re-introduction of the Family Violence, Child Protection and Sexual Offences units throughout the country over the last financial year provides us with the platform on which to ensure crimes against women and children are adequately addressed by the police.

But the reality is that rape, based on international trends, is often under-reported but as we continue to improve our Criminal Justice System, we could see more reporting by victims.  After all, the eradication of violence targeted at women and children remains one of our key priorities.

Decrease in Assault with intent to inflict GBH
During our reporting back to the nation last year, we announced that this category had experienced a 0,5% decrease.  During the 2010/11 financial year, we have seen a further decrease with a 4,5% ratio on the assault with the intent to inflict grievous bodily harm.

Decrease in Aggravated Robberies
We are encouraged by the constant decline in aggravated robberies over the last two years.  We believe that some of our initiatives in addressing this form of crime are starting to yield success but we shall continue to work harder and smarter, to reduce this form of crime.  During the current fiscal the robbery with aggravating circumstances ratio decreased by 12,0%.

We believe that improvements in both our detection and conviction rates are as significant contributing factor to this decline; as is our approach to increasing police visibility and targeted visible police interventions. In addition the strong emphasis we have placed on building partnerships has also impacted positively on such crimes.

Decrease in House Robberies
Two years ago when we released our 2008/09 crime statistics, we expressed concerns regarding house robberies, which had increased dramatically.

At the time we committed ourselves to developing and implementing measures to reduce house robberies. Last year this form of crime began to show signs of stabilizing as we began to avert the continued steep and upward trend.

During the 2010/11 financial year for the first time in since 2004 the number of recorded cases started to decline significantly, with a 10,1%, from 18 786 reported cases last year to 16 889 cases for the fiscal under review.

Our engagement with the Insurance industry reflects that they too have started to witness the impact of this decline.  According to the South African Insurance Crime Bureau different insurance companies are experiencing a decline in the range of between 4% and 31%.

Decrease in Car Hijackings
Another area where the tide is beginning to turn against criminals is in the area of car hijackings.  For the last three years this form of crime was starting to gradually increase.

Over the last two years we have been able not only to stabilize this form of crime but our figures for 2010/11 are the lowest seen since 2003/04.  For the first time in eight years the figure has dropped below 10 700.  For the 2010/11 financial year, car hijacking decreased by 23,6%.

During engagements with both Tracker companies and the South African Insurance Crime Bureau they indicated that they were also experiencing significant decline in cases of theft of vehicles.

Decrease in Truck Hijackings
During the 2010/11 financial year, truck hijackings decreased by 29,2% with 413 cases recorded in comparison with a 1,7% the previous financial year, that is, 2009/10.

Decrease in Burglary at Residential Premises
During the 2009/10 financial year, the burglary at residential premises ratio increased by 2,7%.  To address this challenge, we undertook to capacitate the Private Security Industry Regulatory Authority, to further complement this industry’s cooperation with police.

For the financial year under review, that is 2010/11, the burglary at residential premises ratio decreased by 4,8%.  We can attribute this improvement amongst others, the success of ‘Operation Duty Calls’ festive season campaign.

Increase in Non-Residential Robberies
The organized business sector continues to experience decreases in robbery.

From 2005 – 2008 there was a massive steep increase and from last year there we witnessed a stabilizing trend of this crime category.  For the 2010/11 financial year, there was a 0,9% increase in non-residential, particularly on smaller businesses, spaza shops, super markets, taverns, schools and general dealers.

Last year we informed the nation that we were working on a pilot-project to address small business robberies. This is a difficult area to manage and secure because of the capacity to do as big business do.  Now, based on this persistent challenge in smaller business, we are developing a National Small Business Robbery Strategy which will be finalized by the end of this year and then be rolled out across the country.

Decrease in Cash-In-Transit
The detection and arrest of key criminals involved in bank and Cash-In-Transit robberies coupled with our rapid response to such crimes and our partnerships with the business community; has continued to result in declines in this form of crime.

The decision to allow the printing of photographs of criminals wanted for such crimes has also contributed to an increase in the number of arrests made.  We are therefore pleased to see a massive decrease of 18,7% for the 2010/11 financial year, from a 7,3% in the 2009/10 financial year.

Decrease in Bank Robbery
Again through coordinated efforts with our partners from Business we have witnessed one of the biggest improvements in our crime statistics for the year under review.  Bank robbery decreased by 58,1% with 93 cases recorded in 2009/10 to 39 for the 2010/11 financial year.

Decrease in Stock Theft
Since 2008 one form of crime which has deeply concerned us is the increase in stock theft.  Whilst we are encouraged that there has been a decline of 8,2% in the number of reported cases of stock theft during the past fiscal, we are still not really happy with the situation.

Not only are the figures still too high and the impact to serve but we also need to make sure that the decline is not a result of possible under-reporting. Late last year we launched the Rural Safety Strategy and now need make sure that this strategy draws in farm-workers, commercial and small farmers as well as local rural communities themselves.

Farmers, farm-workers and residents within rural communities are considered soft targets by criminals. This is due to the remoteness of farms, high market value of properties, large distances between farms and villages and the inaccessibility to the police as well as basic infrastructure, such as roads.  Rural police stations are often isolated and responsible to police vast areas.

Decrease in illegal possession of firearms and ammunition
Although the illegal possession of firearms ration decreased by 2,0% during the financial year 2010/11, we are still concerned about the continuous loss of firearms both in hands of police and civilians.

The department has over the last 18 months been putting in place measures to reduce the number of firearms stolen or lost by SAPS members.  These include IBIS testing of all firearms, stricter controls on reporting, checking of firearms as well as improving sanctions procedures and processes in instances where SAPS officials lose firearms. We shall continue to be tough on those officers found to have negligently lost firearms, including civilians.

Increase in ATM Blasts
One area of concern to the police during the past financial year was the significant increase in ATM bombings which increased by 61,5%, from 247 recorded cases in 2009/10 to 399 in the 2010/11 financial year.

This massive increase further correlates with the statistics provided by the South African Banking Risk Information Centre.  The majority of these blasts took place in Gauteng, with a 57,1% followed by North West with 12,4%.

Some of these trends are informed by migration and displacement of crime from one province to another but we are beginning to intensify our operations in some of these hard-hit provinces.

However despite this massive increase we are encouraged by the fact that a concerted focus on this form of crime is starting yield some successes.  According to figures from SABRIC, this form of crime has started to decline with a 17% decline in ATM robberies since April 2011 compared to the same period last year.

Increase in Drug-related Crimes
The drug-related crime ratio increased by 10,2% in the 2010/11 financial year.  We are now intensifying our approaches by mounting operations that are aimed at cracking the backbones of drug-lord syndicates instead of focusing and arresting drug-peddlers.

We are also working with other sister departments including Social Development and Basic Education as most affected are young children.  We also acknowledge that dealing with drugs is a global challenge that needs to be coordinated with our international counterparts.

Increase in cases of Drunken Driving
In 2009/10 driving under the influence of alcohol or drugs ratio increased by 10,6% and for the 2010/11 financial year, an increase was 4,5%.

In dealing with this crime, it is incumbent upon all South Africans to abide by the road safety laws and as the ministry we will continue to support campaigns such as Arrive Alive.  We all have a duty to ensure that our roads are safe and those who break the law, will be severely punished.

Increase in Commercial Crime
The commercial crime ratio increased by 2,8% for the 2010/11 financial year.

As we mentioned during last year’s announcement, it is becoming evidently clear that this crime is not a unique South African phenomenon, but a global challenge.  It is our endearing hope that as we partner with our international counterparts, that we will be able to improve in dealing with this crime.

Arrest of 49 of the top 50 most wanted criminals
The following successes were achieved by the Directorate for Priority Crime Investigation (DPCI) for the 2010/11 financial year.  In tackling commercial crime, the Hawks arrested 8 294 and secured 5 267 convictions; when it comes to organized crime they further arrested 2 439 and secured 532 convictions.

During the period under review, the Directorate profiled and pursued 50 most wanted suspects for armed robberies, ATM bombings cash-in-transit and bank robberies.  They apprehended 49, and they are in hot pursuit of the 1 one elusive scoundrel who is still at large.

More Arrests, More Detection, More Convictions
To effectively deal a blow to crime, we have as the police leadership emphasized to police management that they need to secure more and more convictions.  Unless we attain these our efforts will not yield the desired results.
Many of the suspects arrested would have been involved in more than one crime incident and some instances one individual would range from 35 to 50 incidents. It is also premised on the reality that the majority of South Africans are law-abiding citizens and that the majority of crimes are committed by a small group of people are repeat offenders.

Decrease in Police Deaths
On a sore note, each financial year we come before the nation to sadly announce men and women in blue who lost their lives – in pursuit of safeguarding us.  In the 2009/10 financial we announced that 110 police officers passed away in the line of duty; this financial year, 2010/11 there was a slight decrease as we lost 94 police officers.

We are also concerned about the increasing attacks and killings of our officers since the beginning of the year; but remain confident that as we work with all our partners, we will be able to defeat these heartless criminals.
These heroes remained fearless for they knew that their duty was to the society and their mission was to wage a war against crime.  By taking a stance against crime and all its evils, this can be the best memory we can afford these heroes who put their country’s welfare above their own.

Improving the SAPS to effectively fight crime
The transformation of the police must across the country, focus on the type of Police Service we want to see.  It must ensure that our Police Service at all levels is reflective of the society it polices and the values we wish to promote within our society.

The current review process of the White Paper for Safety and Security will therefore guide our approach to the overall transformation of the police.

Improving the police response is an objective that remains a priority for the department. The equitable distribution of police stations is essential in ensuring that the services provided by SAPS in support of safe and secured communities is to be realized by all people.
Critically, focus must be placed on mobilizing society to make life difficult for criminals in our midst. This should include an overhaul of gender and family relations and intolerance of abuse within communities.
Alongside our operational approaches we shall ensure that there is a concerted focus on human resource development from recruitment to retirement and to ensure effectiveness of our service delivery at all levels within the police.

Conclusion:
The 2010/11 financial year crime statistics confirm our assertion that indeed the tide against crime is turning and that police, joined by society are gaining an upper hand against vicious criminals.  The statistics however, should serve as a motivating factor and encouragement in all our efforts.

Training is also a crucial part of our approach to improving policing.  We have now revised how and what is involved in training. Our training must tackle both the content and the manner in which we train. Training cannot be just about churning out numbers but must be ongoing and relevant.
Victory against crime is now an achievable goal.  However for as long as young children are still under the bondage of crime and drugs; for as long as businesses are robbed, for as long as women are abused and raped, for as long as South Africans across are mugged and hijacked – none of us can must rest.

The war on crime must continue; a war by the way, that has been declared by heartless criminals on law-abiding citizens.  Cautiously, these year’s crime statistics tell us that we must never be complacent and say our work is done.

We all have a duty to make categorical commitment to work even harder to indeed give true impetus to government’s undertaking that: “All People in South Africa Are and Feel Safe.”

The DNA Project was in Parliament in the Old Assembly, Room V454 on the 7/9/2011 to listen to what the Portfolio Committee for Police had to say in discussing the draft report on their recent overseas DNA ‘study tour’ (as they like to call it) which took them to England and Canada, as well their recommendations emanating therefrom. The meeting was open to the public but the Chairperson forbade anyone but members of the Committee to have a physical copy of the Report which they were aiming to finalise. The final report will however be made available to the Public once adopted and The DNA Project will post the full report on its website as soon as this has been published.

DNA evidence can link cases to detect a serial offender

In the meantime, we are able to get a fair idea of their findings from their discussions as well as certain members opinions on aspects of the legislation. It was interesting to note that not all of the members of the Committee went to both countries – some went only to Canada, others only to England and others still, went to both countries. Furthermore, only 5 members of the committee, the chairperson and the parliamentary researcher and state attorney were present at the meeting this morning. Where were the others that went on the tour? No explanation was given.

Below you will find, in point form, some of the salient issues which were discussed vis-a-vis the tour, the groups of people who presented to them, as well as some of their views and possible recommendations:

• The first part of the report includes a history of the progress of this Bill in South Africa as well as a comprehensive history of the use of DNA in SA.

• According to the report, the Bill was split between Fingerprints and DNA due to, amongst other issues, the lack of a thorough implementation plan from the FSL (Forensic Science lab) in the initial stages of review.

• A clear implementation plan must accompany the new DNA Bill which sets out how they intend to cope with the demand on capacity the DNA Bill will place on the FSL. The Committee would like to see what the ‘cost to the State’ will be in this regard.

• Canada was apparently selected by the Committee to visit due to its similar constitutional basis to SA. It was noted that Canada follows what the Committee call a “Human Rights based approach’.

• The issues for consideration will be, inter alia, the prevention of contamination; securing of the crime scene; who will be custodian of database; retention periods of DNA samples and profiles; secure storage of profiles and samples as well as the protection of privacy.

• The Committee believe there is a risk that traditional methods of investigation will be abandoned in favour of technology. [Is this really a RISK? Technology is inevitable, embrace and learn!]

• One member actually wanted to know whether the delegation who went on the study tour should be referred to with a capital D or lower d within the report! [No comment]

• The Report highlighted the fact that in England and Wales the DNA Database is kept totally separate from the processing lab. In this regard the Committee want to revisit who is going to be custodian of the database. i.e. must it be separated from the police? [It seems that this may be what they are aiming for here…]

• Genewatch (a UK NPO that monitors developments in genetic technology) was one of groups which presented to the Committee & they believe the presence of a profile on a database will lead to a person being treated as a criminal & is  therefore unfair.

• The recommendations in the Committee’s report will serve as a guideline only during processing of the DNA Bill & will not bind the Committee

• It was concerning that one member of the Committee stated that a DNA profile for criminal intelligence purposes which is on a database will allow the State to see if that person has a dreaded disease. This was fortunately challenged by another member who reminded her that the profile does not give away any genetic information other than gender. This was accepted and the first member changed her concern to the sample not the profile. [Many people don’t understand the difference between a DNA profile used for identification and genetic marker profiling which would be searching for those dreaded disease markers… so clearly some members still needs to be taught the difference between the two].

• The issue of private labs assisting State labs was mentioned but not discussed and will be covered in more detail within the report when published. [I don’t think the Committee have a view on this, they were simply reporting on what they observed was the practice in these countries]

• The Committee will Consider forming a strong oversight body or perhaps even several bodies to oversee certain aspects of the legislation such as implementation and privacy concerns.

• The Committee want to consider what they called a ‘phased in’ approach for DNA legislation in SA.

• The types of considerations for a phased approach will be issues such us: costing, training, IT solutions, categorizing different indices on the database as well as categorizing crime for the purpose of sample collection.

The parliamentary session ended two hours later and a final report will be issued next week.

We have yet to hear when they intend to begin the real work of actually reviewing the legislation following the adoption of the report, but we can only hope that their apparent recognition that we have an urgent requirement in SA to regulate DNA legislation, will compel this Committee to keep the ball rolling in the direction of finalising not just their report but the DNA Bill itself.

Vanessa Lynch leaving Parliament, Cape Town

On the lighter side of things, I could not help but suppress a laugh when one of the Committee members stated that in England, following the ECHR ruling on the Marper case, the draft amendment for the UK DNA legislation has been in Parliament under review for “forever and ever”. As we know, the Marper ruling was finalised in the European Courts of Human Rights in December 2008  – this being the exact time our DNA Bill was first adopted by our Cabinet in SA…. Perhaps she missed the irony in her comment, but I certainly did not!

Vanessa Lynch, reporting from the Old Assembly, Parliament, Cape Town
7 September 2011

Some of you may have read the article in the Weekend Argus and Sunday Tribune this weekend which covered the case of Norma Worsley’s murder and the outstanding DNA tests relative to the case. The headline read “DNA still hasn’t been tested two years on, with lab’s backlog at 16200”

What does this headline mean to you? People who have contacted me since reading that article have said that they were shocked that there were so many DNA tests outstanding. Everyone I have asked as to what that means have said the same thing.

The Reporter of the article in question has quoted me out of context and has misled the public into believing that 16200 DNA tests are in backlog. Having gone to great lengths to explain what these figures meant to the reporter last week, it has become necessary for me to re-clarify the situation for the benefit of the public, who are entitled to responsible and accurate reporting.

The figure of 16200 cases (not tests) was the overall backlog for the ENTIRE Forensic Science Laboratory (“FSL”) at March 2011 and not just DNA. The FSL consists of several units, namely chemistry, questioned documents,  ballistics, fingerprints as well as DNA (Biology). The figure of 16200 should therefore not have been used in relation to Biology (DNA) alone because it does not relate to Biology (DNA) — in fact in the DNA unit, it has been reported that they no longer have a backlog. The way it was reported was misleading and out of context as it implies that there are 16200 DNA “samples’ in backlog which is NOT what I said and I therefore should not have been quoted on saying same. In addition the overall backlog within the Forensic Science Laboratory decreased by 19,25% from 59 023 to 47 660 during the 2009/2010 financial year and declined significantly with a further 66% from 47 660 un-assigned entries on the 1st of April 2010 to 16 200 as on the 31st of March 2011, which is the lowest figure recorded since March 2009. In the 2010/2011 financial year, the backlog in the Questioned Documents Unit decreased by 8,4%,   Scientific Analysis decreased by 6,7% and in the Chemistry Unit the backlog decreased by 54,9%.  The units which recorded the most significant decline in backlog were in fact DNA (Biology) and Ballistics  with a decrease of 82,7% and  81,5% respectively.

The above information shows the significant inroads the FSL have made into the backlogs in all units, as well as DNA, and this unfortunately was not made clear in the article in question.

The real issue, which is the outstanding case in this matter, was also referred back to the Biology Unit on Friday and despite being given less than 24 hours to respond, they did in fact send a response to the reporter which showed that the delay in this instance was due to the prosecutor and not due to any ‘backlog’. This information was not however reported, the writer instead opting to imply to the public that the case was simply part of a backlog of 16200 cases.

With the imminent review of the DNA Bill, it is unfortunate that the reporter did not highlight the lengths the FSL have been going to in the past year to not only decrease the backlogs, but to increase capacity to prepare properly for the promulgation of the new DNA Bill when (and if)  it occurs. The delay which the public may have more interest in, is with respect, the failure by the Portfolio Committee of Police to review the DNA Bill which has been sitting in Parliament since 2008.

The Committee returned from a 2 week overseas study tour in July 2011 which spanned two continents, several 5 star hotels and business class travel, and we have yet to hear from them in respect of their findings or when they intend to resume reviewing the DNA Bill. I believe pressure should be brought to bear on those members of Parliament to report to the public on their intentions with regard to this urgently required legislation.

When a loved one is murdered, you want change more than just allowing that person to become another number in a country where 50 people are added to the murder statistics every single day. This is exactly what the family and colleagues of Mike Thomson did not want, and have allowed his name to become a beacon of hope in South Africa by naming the Change a Life Mike Thomson Trust after him. In 2007, Mike Thomson who was a husband, father of two and manager of Computershare, was brutally murdered in his home. Although the men have been arrested, there has been no justice for the family yet, however the family is still fighting.

One of the ways the Change a Life Mike Thomson Trust is fighting, is by raising money to quite literally change the lives of people in South Africa who are effected by crime. The main fundraiser is the annual Change a Life cycle , which has raised approximately R3 million every year since the inaugural cycle which took place in 2008. In 2008, 81 senior company executives took part in a grueling 450Km cycle ride through 4 southern African countries while cycling along the Zambezi river. The 2009 Cycle event took on a different style with a mystery tour, where the 62 participants knew nothing about where they were racing apart from being based on the luxury Rovos Rail train. The cyclists ended up riding through the quiet, remote roads of the Northern Cape before being whisked away on the train to their next destination which was the Southern Free State.  Last year’s cycle took place through Malawi where the 69 cyclists managed to raise R3.5 million.   After the brilliant success of the first cycle tour, it has become an annual event which raises more and more funds for the Change a Life Mike Thomson Trust and its various projects which are aimed at alleviating crime in South Africa.

This years cycle race will see 70 executive cyclists riding the 530km route through Namibia from the 2nd to the 7th September. The tour will visit quaint towns, explore deserted beaches and towering sand dunes, and will party under star-studded skies. Along the way there will be thrills and spills, exhaustion and exhilaration and long-lasting friendships made. This year the fee was R27 000 for each cyclist and thanks to the race sponsors, the entire fee will go straight to the Trust, with Computershare once again matching the race fee donations rand for rand. We have no doubt that this years cycle looks to be as much, if not more of a resounding success than previous years.

With the DNA Project as one of the beneficiary’s of this incredible event, we throw our full support behind this extremely worthwhile race, which quite literally Changes Lives in South Africa.

GOOD LUCK to all the riders!

Vanessa & The DNA Project Team

Mrs Chikunga Sindisiwe - Chairperson of the tour

With approximately 50 murders, 200 woman and children raped and 550 cases of assault everyday in South Africa, why are we still not using the most powerful weapon in modern day crime investigations? DNA. Whilst it may not be the silver bullet, it is without question the strongest form of evidence available today.

So – with the return  of the parliamentary Portfolio Committee for Police from their fact-finding mission to Canada and the UK, what are these ordinary people, who now wield the power to change SA for the better and finally pass the DNA Bill going to do next?

To recap their trip, they left for Canada on the 24 June 2011 where they looked at the Royal Canadians Mounted Polices’ Forensic laboratory and fingerprinting department. They also met up with the Canadian public prosecutors and parliamentarians. From there they went on to the UK which has one of the largest DNA databases in the world, with over 5 million or 8% of their population on the database. In the UK, between 01 April 2010 and 31 March 2011, their national DNA database has produced 106 matches to murder, 588 to rapes, and 29 959 to other crimes, with over 300 000 crimes being detected using the database since 1998. After visiting the UK labs, the committee were briefed on crime scene management and met up with the state agencies involved in implementing their own DNA Bill.

Upon returning to South Africa on the 11th July 2011, after their 18 day ‘study tour’ we are waiting to hear whether they have learnt anything new and whether they have realised how important it is to regulate this area of the justice system.

We have heard from various sources that the portfolio committee should reconvene in September with a view to finalising this Bill for once and for all. We therefore wait for the final report on their fact finding mission, which we have been told will be published at the end of August. We have written to the Committee Chairperson, the secretary of the Committee, the Parliamentary Researcher and a Committee member asking for any one of them to confirm when they will publish their report and when they intend to reconvene. We shall inform you as soon as we hear anything from anyone.

What do we think will happen? Judging from feedback from different people who either presented to the Committee or accompanied the Committee on their tour we think we may see the committee taking a slightly more conservative approach with possibly only criminals with serious convictions placed on the database. We expect that they would then also have to clarify a retention framework allowing those DNA profiles which do not result in a conviction to be removed after a certain amount of time if that person has not re-offended. The length of the retention framework may then be dependent on the seriousness of the crime committed.

Alan Matthews, formerly of the FSS (UK) who presented to the Committee whilst in the UK

Perhaps they may look to the DNA profile retention policy in Scotland which follows the basic rule that DNA samples and profiles of persons arrested but not convicted must be destroyed, but where the person is arrested for serious sexual or violence offences, they can be retained for three years, with the possibility of extension for another two years.

An interesting case which needs to be remembered where retention of DNA profiles in non-convicted cases is involved, is the case of Wendell Wilberforce Baker. On January 23, 1997, a 66-year old spinster was raped in the early hours of the morning. She was locked in a cramped cupboard for 15 hours before someone found her. She was taken to hospital where semen samples were collected and the DNA profile was placed onto the DNA database. As the database was still in its infancy (established 2 years previously) there was no match. About a year later, Wendell Baker was arrested for burglary of which he was later acquitted. A DNA profile was taken and compared against the national DNA database after his release, his profile matched that of the rapist that attacked 66-year old spinster a year earlier. Due to legislation saying his profile should have been deleted after his acquittal he could not be tried for the rape, and to this day is still a free man even though his DNA profile matched that of the rapist in January 1997. It is unfortunate that a caveat in the law allowed a rapist be released back into society for a crime that DNA profiling showed he committed.

Luckily the above case is only the exception, here are a couple cases in the UK where DNA evidence was used successfully. In May 2011 John Cooper was convicted of the 1985 murder of brother and sister Richard and Helen Thomas and Oxfordshire couple Peter and Gwenda Dixon in 1989 and sentenced to life imprisonment. He was also convicted of separate charges of rape, sexual assault and attempted robbery. The two sets of murders gave rise to much speculation, however the case remained unsolved until John Cooper was arrested in 2009. In December 1985 John Cooper killed Helen Thomas and her brother Richard during a break in at their remote mansion near Milford Haven. Police believe that he had been disturbed by Mr Thomas, turning his shotgun on the couple before pouring diesel around the three-storey farmhouse in an attempt to destroy the evidence. Four years later Peter and Gwenda Dixon encountered John Cooper as they walked along the Pembrokeshire Costal Path at Little Haven. John Cooper took the couple to an improvised hideaway where he shot them at point blank range. The break through came when Dyfed-Powys Police launched a review in 2006 of material gathered during a 1998 investigation that had led to John Cooper being jailed for 16 years for a string of burglaries. Tests uncovered new forensic evidence, a blood speck on a shotgun belonging to John Cooper and DNA on a pair of shorts – linking him to the murder of Peter and Gwenda Dixon.

In 1988 James Robertson attacked and raped a young woman in Canterbury, Kent. James Robertson had intervened as the victim argued with some people in the city centre, he then offered her a lift home. The victim quickly realised that James Robertson meant to attack her after he ignored her directions and drove her to a secluded wooded area near the city where he raped her before dumping her near her home. At the time of the rape James Robertson was on licence from prison after serving 11 years for kicking a man to death in Scotland. After the attack James Robertson moved to Preston where in 2001 he attacked a man he knew in a city centre restaurant with an axe. He was sentenced to five years imprisonment in September 2002 and released four years later. As a result of the axe attack police had a James Robertson’s DNA profile and in 2009 it was found to be a match to sample collected from the 1988 rape. In May 2011 James Robertson was found guilty and sentenced to life imprisonment.

We shall be sure to publish the Committee report as soon as we have received it. It is after all a public document and their 18 day trip was at our (the taxpayers) expense so transparency is the very least that can be expected!

Portfolio Committee Member Dianne Kohler-Barnard who went on the 'study tour' commented that the Committee do recognise, following the tour, that 'legislation is required in SA' to regulate a National DNA Database

Vanessa.

We previously blogged about a letter criticizing Chris Asplen’s letter in The Witness. The final response published in reaction to Ms. de Haas’s letter was edited down and published, which promptly received a response. It is unfortunate someone in the public does not consider the change in legislation and the new DNA bill as vital to decreasing the shocking statistics of rape and murder in our beautiful country. In response, Dr Carolyn Hancock has highlighted some of the cases in SA where a DNA database would no doubt have saved many lives and where DNA evidence was used successfully.

There has recently been debate in the press on whether South Africa needs a DNA database. In an effort to highlight the incredible potential of this form of evidence, I thought it may be a good idea to write about some of South Africa’s most notorious criminals and their victims.

Moses Sithole began raping women in his twenties, claiming 3 victims before one testified. He was sent to prison for 6 years. Shortly after his release in 1993 he began his murder spree. In total he is known to have raped 40 women, 38 of whom were strangled with their own underwear. On 5 Dec 1997, he was sent to prison for 2410 years with eligibility for parole in 930 years. He is incarcerated at Pretoria’s C-Max prison. IF South Africa had kept his profile on a DNA database after his first release from prison in 1993, he could have been identified and apprehended after his first victim was raped and killed – literally 37 women’s lives could have been saved!

Many of us will remember the tragic case of nine-month-old “Baby Tshepang” who was attacked and viciously raped in 2001. Her injuries were so substantial that gang rape was assumed. This horrifying attack provoked outrage in the local community and six men were swiftly arrested and subsequently spent three months in jail. All six men lost their jobs. However, DNA tests later revealed that there was a sole rapist and that none of the accused had a DNA profile that matched that of the assailant. The six falsely accused men were immediately released and exonerated of the crime. David Potse, a former boyfriend of Baby Tshepang’s mother, was arrested and shown to be an exact DNA match with the rapist. He was sentenced to life imprisonment. This case was particularly revolutionary in South Africa where DNA proved the innocence of 6 people and led to the conviction of the rapist. In South Africa the conviction rate for child rape is a mere three percent.

On 6 June 2011 Shavani Phophi, known as the Muldersdrift rapist, was found guilty of 6 rapes, 3 robberies with aggravating circumstance, and two cases of theft. Five of the rape victims were adult women who Phophi offered work and then lured to Nooitgedacht to rape them in the veld. The InvestigativePsychology Unit of the SAPS utilized a number of strategies, including DNA, to successfully link all of the adult rape cases and to locate the suspect in his shack in KyaSands. After arrest the suspect was then also linked through the DNA database to a rape of a 10-year-old girl in 2005. Without the database, the case of the little girl would not have otherwise come to the attention of the police, as the other victims were adult females raped between June 2009 and May 2010. Sentencing is due to take place on 2nd August.

Given the extremely high rates of recidivism in South Africa,the potential for our DNA database to help solve and prevent crime is substantial.  DNA analysis cannot stop the first crime from occurring, but it can provide investigators with the tools they need to identity a suspect and remove the threat to public safety before the same perpetrator can re-offend.

Carolyn