Omagh trial may prompt Scots to drop DNA evidence

The Crown Prosecution Service for England and Wales has said it will not use the low copy number (LCN) DNA technique after suspect Sean Hoey was acquitted of the 1998 attack.

The relatively new testing system – which makes possible the analysis of a small number of cells extracted from sweat found in a fingerprint – was used on the timers for bombs used in Real IRA attacks and allegedly linked them to Sean Hoey.

However, the judge, Mr Justice Weir, decided it was not yet at a sufficiently scientific level to be considered evidence.

The Association of Chief Police Officers (ACPO) said forces already had an "interim suspension" of the technique.

The Crown Prosecution Service in England and Wales said it was reviewing cases where the testing was involved.

A similar review was being carried out in Northern Ireland at the request of Chief Constable Sir Hugh Orde.

In Scotland, the Crown Office last night said it needed time to examine the case's implications. A spokesman said: "This is a long and complex judgment and we will need to look at it carefully to assess its implications.

"The requirement of corroboration in Scotland means there will be fewer cases so dependent on evidence obtained from any forensic scientific test."

Under Scottish law, evidence requires corroboration by a second source to have any standing. However, two laboratories could produce evidence based on the same DNA source, essentially validating each other.

Last night, the Association of Chief Police Officers Scotland said it would also be examining the implications of the verdict.

A spokesman said: "The judgment has just come out, and so it is too early for us to make any comment on its content.

"However, we will be examining it to see if there are any pressing issues we have to address and any lessons we can learn."

Despite the rejection of the DNA evidence by Mr Justice Weir when he acquitted Hoey of all charges relating to the Omagh bombing and more than two dozen other terrorist charges, Sir Hugh defended the technique.

He said: "It is a vital ingredient of future cases which will bring very guilty people to justice."

He added it was at the cutting edge of science and had been used in the trial because of his determination to build a case.

Tony Lake, chief constable of Lincolnshire and ACPO lead on forensics, said yesterday: "We shall study the terms of the Omagh judgment carefully, consider the implications and determine whether action needs to be taken.

"In England and Wales, DNA evidence has to be corroborated by other evidence.

"However, as a precautionary measure, the Crown Prosecution Service is reviewing the pending cases in which low copy number DNA profiling is to form part of the prosecution case to see whether any may be affected.

"The review will take into account the terms of the judgment and the weight to be attached to the DNA evidence.

"Whilst this is being considered, the police are operating an interim suspension of the use of (LCN] DNA testing service offered by the Forensic Science Service for future investigations."

It is understood ACPO produced a confidential report in August which called for the technique's urgent review. It will be carried out by the independent forensic science regulator.

MAN ACQUITTED OF BOMB CARNAGE TO SUE FATHER OF 12-YEAR-OLD KILLED IN ATTACK

RHIANNON EDWARD

THE man cleared of the 29 murders in the Omagh bombing is to seek damages from the father of a young boy killed in the atrocity, it was revealed yesterday.

Lawyers for Sean Hoey, 38, are also considering taking legal action against the Public Prosecution Service for taking the case against him.

Mr Hoey is angry about comments made by Victor Barker – whose 12-year-old son James died in the 1998 bomb – after Thursday's judgment.

Kevin Winters, Mr Hoey's legal representative, said the remarks were actionable.

"Sean Hoey refutes completely the allegations made by Victor Barker when he persists in blaming him for Omagh," said Mr Winters.

"Mr Hoey is an innocent man and the court's judgment is an emphatic endorsement of his innocence. We will not hesitate to use the courts again to protect his name.

"In addition, we are considering a malicious prosecution civil action against the prosecuting authorities following (Thursday's] judgment."

Mr Hoey, an electrician from Jonesborough, Co Armagh, was cleared of 56 charges relating to Omagh and other dissident republican bomb attacks in Belfast Crown Court.

Meanwhile, Northern Ireland's chief constable yesterday said there would never be a successful prosecution over the Omagh blast unless those who knew who did it gave evidence.

Sir Hugh Orde said: "The only way we will see a successful prosecution in a criminal court is if people stand up and say, 'This was committed by X and I will tell you how it happened'. If they do that, they will have my total support and protection."

CONCERNS OVER FLAWED TESTING

THE latest DNA testing techniques allow scientists to cultivate identifiable samples from very few human cells.

Using the low copy number (LCN) technique, forensic experts have been able to link offenders to a crime with traces of sweat, skin or fingerprint a million times smaller than a grain of salt

from items such as tools, matchsticks, weapon handles and grabbed clothing.

However, critics claim that because the technique relies on magnification of tiny samples, the potential for error is also magnified. It is more sensitive than normal DNA analysis, with contamination more likely to lead to a flawed result.

LCN DNA is admissible as evidence only in the UK, New Zealand and the Netherlands. The FBI uses the technique in the United States, but only for intelligence-gathering purposes.