Handling of forensic evidence queried

The relocation of the forensic laboratory and the methods employed in the handling of delicate evidence have given rise to questions as to whether the system is up to standard, sources close to the court said.

As it is, when a scene-of-crime officer (based at the police headquarters in Floriana) lifts a piece of evidence this is passed on to forensic scientific experts, appointed by a magistrate, for examination. Then, after analysing the evidence, the forensic scientists exhibit it in court.

However, the sources said, once evidence is changing hands this has to be done in a controlled manner in order to minimise the risk of contamination. Ideally, such evidence should remain untouched, the sources added.

There have been occasions when it took days, sometimes even a week, for a piece of evidence lifted by a scene-of-crime officer to be passed on to the Malta National Laboratory (MNL) for analysis.

Moreover, the sources added, after having analysed evidence, forensic scientists transport it from the lab in San Gwann to the law courts in Valletta using their own suitcases and their own car.

Given the possibility of traffic jams and the parking problems in Valletta, a more "secure" transport system for the forensic evidence is deemed essential.

When asked how exhibits are transported from the San Gwann lab to the law courts after testing, a spokesman for the Ministry of Justice confirmed this is done by the experts themselves. Once in court, the exhibits are kept in "highly secure strong rooms in a preserved condition", the spokesman added.

The sources point out, however, that humidity is not unknown in the court strong room.

Flaws in the forensic evidence system at times also contribute to slowing down court cases, the sources said. For example, no gunshot residue analysis could be carried out because the scanning electron microscope had been out of order for months.

Testifying in a murder case last August 6, court expert Charles Muscat, who is responsible for operating the microscope, told a court that replacing the 10-year-old equipment would cost some Lm180,000.

The Justice Ministry was asked whether work involving forensic experts had an effect on the backlog of court cases. A spokesman replied: "As far as the court administration is concerned, the forensic experts are now functioning regularly within the forensic laboratory".

In order to find out what the state at the forensic lab in San Gwann is like following its move from Valletta, The Times contacted the Ministry of IT and Investment under whose wing the MNL falls. A ministry spokesman explained the MNL is different to what was formerly known as the forensic lab, "which does not exist anymore". The MNL provides laboratory services to the Ministry of Justice which include forensic type services, the spokesman said.

"The MNL is a commercial company which happens to be within the Ministry of IT and Investment's portfolio. Its provision of services is on the basis of a contract for services rendered, for which it will be paid by the central government," the spokesman added.

When asked whether the experts have the necessary facilities for the storage and testing of exhibits, the reply was: "The services rendered by MNL will be provided as long as the contract will be in force. Needless to say, MNL strives to provide excellent service levels which exceed those which are expected from it".

Permission was sought by The Times to visit the San Gwann forensic section. The ministry explained that MNL offers a service to the Ministry of Justice. In light of this "strictly confidential operation", which is regulated by an agreement between MNL and the ministry, it would not be appropriate to allow media access into the lab without the authorisation of the client, the ministry said.

The Times has now made a request to the Justice Ministry to allow it to view the lab facilities. The application is still pending.

Background

Through the years, the responsibility for forensic scientific experts was moved from one government ministry to another. The location and structure of the lab from which they operate was also changed on about four occasions.

Initially, forensic scientific experts worked with the police scene-of-crime officers within the Ministry of Justice and Home Affairs.

Following a string of court judgments a few years ago, the government decided to remove the responsibility for forensic evidence from the jurisdiction of the police.

The forensic scientists were moved to what was then the Ministry of Finance and Economic Affairs and based at Evan's Building, in Valletta, where the MNL was also housed.

The Occupational Health and Safety Authority carried out an inspection at the Valletta laboratory last September and issued a stop order on work in rooms there - where court exhibits were stored - and in the gas chromatography - mass spectrometry laboratory (where substances are analysed) "in view of the serious risks to health".

Soon after the lab was closed down, the three scientific experts employed there - Mario Mifsud, Godwin Sammut and Robert Cardona - were allocated a room to work from at the Ministry of Finance, in Valletta. In October they agreed to move into the new MNL premises in San Gwann where they are based to this day.