Claremont killer trial LIVE: Judge delays trial after Pathwest paperwork error emerges

1.34pm

Judge labels Pathwest's disclosure failure as 'extremely unsatisfactory'

Justice Stephen Hall

Justice Stephen Hall has described the error as "extremely unsatisfactory".

"Frankly I would like to see some statement that explains how this disclosure issue has arisen and it sounds like Mr Egan might be able to provide something in that regard," he said.

"I'd like something that explains how this has been overlooked."

Defence lawyer Paul Yovich has said he would rather the adjournment take longer to ensure any amended witness statements are done properly.

He said he appreciated Ms Barbagallo was in a difficult position given she did not know this information had not been disclosed, saying "she's working extremely hard, I'm well aware".

"I am conscious of the need for the trial to stay on the rails, but we should not compromise proper, full disclosure of material that is on such a critical issue for the sake of one day less, because the time we save by doing things quickly, will cost us a lot more time when we have to go back and do it properly," he said.

Justice Hall has adjourned the trial until Wednesday morning, at the earliest. If the prosecution or defence needs more time, he will consider that at that time.

1.25pm

State seeks trial adjournment after discovering new documents

Carmel BarbagalloCredit:AAP

Ms Barbagallo has begun today's proceedings by asking for a two-day adjournment of the trial.

She has revealed, during a pre-trial conference with future Pathwest witness, Scott Egan, on Saturday new lab documents that had not been disclosed to the prosecution or defence were mentioned.

Any documentation referred to during the trial was meant to have been disclosed by mid-2019, to give each party fair opportunity to consider the evidence.

Ms Barbagallo said the three lever arch files of material include around 830 pages of material, around 400 which had not been previously disclosed through other documentation.

The material relates to the low copy number DNA testing carried out in 2003 on some of Ciara's fingernail exhibits - AJM41, AJM46, AJM49 and AJM50.

Ms Barbagallo said the documentation is not inconsistent with any of the existing, disclosed documentation, but that some of the newly dicovered paperwork shows more evidence on 'working sheets' relating to DNA testing matrix spreadsheets compiled by Mr Bagdonavicius in 2003.

Ms Barbagallo said most of the documents in the lever-arched files were scanned into a system relating to the trial, but were missed on disclosure spreadsheets. Others were not scanned at all, which was a responsibility of Pathwest's.

Ms Barbagallo said the new documentation may impact the evidence of Mr Bagdonavicius, the next witness, Denise Galvin, and Mr Egan.

12.36pm

Day 42 of the trial to start at 10am

Welcome to WAtoday's live coverage of day 42 of the Claremont serial killer trial in the Supreme Court of Western Australia.

Today, Pathwest forensic scientist Aleksander Bagdonavicius will take the witness stand for a third day.

Mr Bagdonavicius was involved in the storage, transfer and examination of some of the state's critical pieces of evidence while in the state's lab, including Ciara's fingernails, hair and T-shirt; and the Karrakatta rape victim's exhibits.

It is expected state prosecutor Carmel Barbagallo will wrap up her questions today before the defence begins its cross-examination.

Bradley Edwards has pleaded not guilty to the murders of Sarah Spiers, Jane Rimmer and Ciara Glennon.

For a full catalogue of WAtoday's coverage of the trial, click here.