Our client was charged with laundering more than 3 and half million dollars. The prosecution case rested entirely on evidence that his DNA profile matched the DNA recovered from samples taken from several of the boxes and bags which concealed the cash. His fingerprints were also matched to those recovered from the surfaces of some of the boxes.
Our client maintained that he had no knowledge of the cash and had no connection to his co-accused, who were to be jointly prosecuted for this and other alleged offences. Whilst we were successful in securing our client a separate trial, just 2 weeks before it was to commence, the prosecution disclosed that a DNA profile matching that of a police officer had been detected on some boxes. Upon further investigation, authorities discovered that proper cleaning procedures for the police evidence room had not been complied with and there was a there was a real possibility that DNA transferred across evidence whilst in the possession of the police, which had been seized and improperly handled by police, who had not changed gloves when handling the evidence.
The failure of police to comply with practice and procedure resulted in the prosecution case becoming fraught with danger and the DNA evidence in particular, wholly unreliable to establish the guilt of our client. The prosecution was left embarrassed and with no choice but to discontinue the charge on the basis there would be no reasonable prospect of conviction.
