Queensland prosecutors seek to retry man acquitted of rape in double jeopardy laws test
Queensland's amended double jeopardy laws will be tested following the discovery of new DNA evidence. (ABC News: Brendan Mounter)
In short:
Queensland's director of public prosecutions has lodged an application with the Court of Appeal to overturn the acquittal of a man charged with rape following retesting of forensic DNA evidence.
The DPP said new DNA evidence had been identified that was not available during the original trial in the Townsville District Court.
What's next?
The case will be the first test of the state's double jeopardy amendments made in 2025.
Queensland prosecutors are seeking to re-try a man on a rape charge following the retesting of forensic samples.
The state's Director of Public Prosecutions (DPP) Todd Fuller on Thursday lodged an application with the Court of Appeal attempting to overturn the acquittal of a man previously tried in the Townsville District Court for alleged rape.
"The application follows the retesting of forensic samples, which identified new DNA evidence that was not available during the original trial," a spokeswoman for the Office of the DPP said in a statement.
Forensic samples dating back years in Queensland have needed retresting. (ABC News)
It comes in the wake of Queensland's DNA testing debacle, which triggered the retesting of forensic samples going back years.
Queensland Attorney-General Deb Frecklington said the Crisafulli Government made amendments last year to address double jeopardy, ensuring victims who were "let down by Labor's DNA debacle" had a clear pathway to justice.
Investigations into the Forensic Science Queensland laboratory in Brisbane highlighted serious testing failures.
Queensland's double jeopardy laws were amended following the DNA debacle. (ABC News: Stephen Cavenagh)
Former NSW police commissioner Mick Fuller was appointed last year to overhaul operations at the beleaguered facility.
"It's important to fight for victims who were failed by the former government and their gross mismanagement at Forensic Science Queensland," Ms Frecklington said.
The Townsville case is the first test of the government's double jeopardy laws.
Queensland Deputy Premier Jarrod Bleijie would not comment directly on the case on Friday but speaking generally, he said: "Victims who were denied justice under Labor's DNA debacle will finally be able to have justice served on alleged perpetrators.
"The double jeopardy laws had to change because if there were people out there, alleged offenders who had committed crimes, and got away with it because of the DNA debacle, then they were off scot-free.
"We wanted to make sure that wasn't the case. Justice, I think, will now be delivered for many Queenslanders, particularly women."