Why all the
• Mr Farah Bdulkadir Jama, a tall thin teenage
male of Somali descent.
• In July 2008, found guilty of rape and sentenced
to imprisonment for 6 years
• Appealed successfully in late 2009.
• The Honourable FHR Vincent AO, QC
engaged to investigate the circumstances – The
Vincent Report tabled 29/March/2010
• “M” age 48
• Over 28’s nightclub for ½ hour, found in toilet
cubicle (locked from the inside) unconscious
with pants up but undone.
• Subsequently examined at the Austin Hospital re
possibility of sexual assault.
The day before:
• Mr Jama had engaged in sexual activity with “B”, she
was forensically examined by the same doctor at the
same place, 28 hours prior to the examination of “M”.
Swabs were taken and processed.
• Also, dried flaky matter in the hair was noted and
• No charges were laid in relation to this incident.
• The doctor had showered and changed clothing
between the two cases.
The (only) evidence
• On one of the endocervical swabs (from M) was found
one sperm and 15 sperm heads. The DNA was
matched with a profile on the data base to Mr Jama
with a likelihood ratio of 17 million.
• Now thought to have originated from the first case
“B”. The dry flaky matter in her hair was semen –
microscopic fragments floating and landed somewhere
that caused either direct or indirect contamination
(swab, slide, furniture etc)
• Sample collection
• Forensic laboratory
• Police investigation
• Legal / court issues
• Many recommendations were made. Some
pertaining to forensic examinations and
specimen collection, others more pertinent to
the laboratory, police and legal processes. Those
relevant to our forensic medical practice are:
1. Furnishings to be made of impermeable
material that can be easily wiped clean
(includes waiting areas)
2. A dedicated bench / trolley space available to
collect and process samples
3. Lockable cupboards / drawers for storage.
4. Appropriate hand washing facilities within the
1. Clean all surfaces after every sexual assault
2. Appropriate cleaning products available
3. Daily and weekly cleaning procedure according
to hospital protocol, by appropriately trained
4. Log book of cleaning
1. Limit access to the room for essential persons
only. Designated room ideal.
2. Log book to record all persons who enter the
3. Suspected perpetrators or other persons are not
to be examined within the room.
1. All equipment to be stored in locked cupboard or
2. The health practitioner is responsible for selecting the
3. No items are to be taken from the trolley and
replaced back in the store.
4. Sterile gloves – not from a box of 100
5. Sterile packs and gowns to be available
6. Forensic staff to be responsible for maintaining stock
7. Layout of facilities.
1. Maintaining standards to national and international
2. Better information transfer to the laboratory
3. Better communication between forensic practitioners,
forensic laboratory, police and lawyers
4. Reconfiguration of the data bases to identify possible
links between cases
5. Review of police training
6. Education of legal practitioners and members of the
judiciary in cases involving DNA evidence
Recommendations from professor
In addition to those discussed:
• All equipment to be certified DNA free and to be
drawn from a sealled single use kit
• Warning that unauthorised access may result in that
persons DNA being used in a criminal conviction
• Consider all staff having there DNA registered on the
• Control swabs prior to examinations and after cleaning
Slides to be made at the laboratory
Swabs to be re-sheathed immediately after their
Do not cut corners
Lots of gloves
Examiner to shower and change clothes prior to a