R v Brown (2003) NSWDC

In this matter Greg Walsh represented the accused in a trial of armed robbery charges. The Crown relied upon DNA evidence in which the accused’s DNA was allegedly found on a balaclava that he was alleged to have been wearing at the time of the commission of the offence. A DNA expert, namely Dr McDonald was obtained on behalf of the accused and it became apparent that the proper procedures/protocols in respect of the taping and recording of DNA samples had not been carried out. Further, the initial testing by the expert’s retained by the Crown was negative to DNA on the part of the accused but subsequent testing demonstrated a test result that was most unusual and the methodology adopted shown to be highly unreliable. The accused was acquitted by way of a directed verdict of not guilty by the trial judge.