DNA technology a pull between criminal justice and human rights

LAW EXPERT: ​Professor Mark Henaghan of Otago University has said advances in DNA technology have raised tensions between human rights and the interests of criminal justice. PHOTO/SUPPLIED

It was more than 15 years after Teresa Cormack was murdered that Napier detective Keith Price knocked on the door of a house in a Wellington suburb and arrested Jules Mikus for her death.

At the time her body was found in June 1987, DNA analysis was in its infancy and samples taken from 21 suspects were retrieved, tested and found inconclusive.

It wasn't until September 2002 that an advanced test on a single hair hit a match, leading to the arrest, conviction and imprisonment of Mikus.

While DNA advancements have assisted police in solving many historic crimes, academics are now raising concerns about social issues arising out of such technology.

Otago University law faculty dean and co-director of The Innocence Project New Zealand Mark Henaghan said a key principle of Western democracy was that the state shouldn't have access to information citizens don't voluntarily offer.

"The basic principle of civil liberties is you should be free to go about your business and not interfered with by the state unless you do something improper,

"Once the state gets more and more information about you there's the fear that they can misuse that information."

Mr Henaghan said while DNA samples used for Teresa Cormack's case in finding her killer was fair use, advancements in technology created human rights issues.

Citing the academic research of Dr Nessa Lynch of Victoria University, Mr Henaghan said present legislation, the Criminal Investigations (Bodily Samples) Act 1995, needed to be more specific in terms of how DNA samples are retained and civil liberties upheld.

"There seemed to be not much control and accountability in terms of protecting our civil liberties."

While current legislation sought to balance the interests and opinions of both sides, Mr Henaghan said "The infringement on my liberties is able to be argued more strongly than the possibility that you might catch someone committing a crime."

Institute of Environmental Science and Research Limited (ESR) forensic programme manager Dr Jill Vintiner said the ESR destroyed DNA samples within the timeframes provided by the legislation.

"This means the legislation ensures the DNA samples cannot be stored permanently and that it can only be used for the purpose for which it was taken and under the consent that was given," she said.

However the legislation does state destruction is not required of any DNA profile that may lawfully be retained in a DNA profile databank and extension of period for which sample may be retained can be applied for.

More discussion is needed, Mr Henaghan said, as to how the inescapable tension between human rights and the interests of criminal justice is to be dealth with as DNA technology continues to evolve.