Claremont killer trial LIVE: Defence to begin cross-examination of Pathwest scientists

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Claremont killer trial LIVE: Defence to begin cross-examination of Pathwest scientists

Court has broken for lunch

It will resume at 2.15pm. 

Defence probing how often scientist entered DNA lab

Mr Yovich is asking Mr Bagdonavicius how often he spent time in the DNA lab within Pathwest, to which he has replied, "not routinely". 

He said he was a case reporting scientist, so he wasn't involved in the processing of any DNA samples, and that it was mainly the responsibility of two scientists - Anna-Marie Ashley [then Furmedge] and Laurie Webb - to carry out DNA testing within the lab. 

During his opening address, Mr Yovich highlighted four occasions where contamination was proven to have occurred within the Pathwest lab in relation to the Macro Taskforce exhibits. 

Three of the contaminations relate to more than one Pathwest male staff member's DNA being recovered. The state and the defence are yet to reveal who these staff members are. 

There is only one remaining Pathwest male staff member from the mid-90s era who is yet to give evidence, Scott Egan. Another staff member, Laurie Webb, gave evidence by his statements being read into court, but was never cross-examined. 

The four examples of contamination

  1. Intimate swabs collected from Jane Rimmer were analysed in 1996 and produced no male DNA profile. They were later analysed in 2017 by the UK laboratory Cellmark and an "almost complete" profile of a male Pathwest scientist who was involved in preparing the swabs for DNA analysis was detected.
  2. Intimate swab collected from Ciara Glennon, identified as AJM30, was analysed in 1997 and yielded no result. It was later analysed by Cellmark and a profile which matched "17 or 19 components" of another Pathwest scientist was detected. This scientist had been involved in the testing of the exhibit between 1997 and 2001.
  3. Fingernail samples from Jane Rimmer, known as RH33 and RH34, when analysed by Cellmark in 2017 / 2018, returned a mixed DNA profile with the male profile matching a Pathwest scientist. There was no direct documentation of this scientist being involved in the processing of the exhibits, but he was in the vicinity of the examination area at the time.
  4. Swab taken from a branch on top of Jane's body, known as RH21, when tested in 2007 showed a partial profile which matched a victim of a completely unrelated crime whose samples were processed in the lab some days either side of the sample.
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Defence again alludes to Mr Edwards possibly having done trade work in Pathwest lab

Bradley Edwards in the 1990s.

Mr Yovich has queried if anyone other than Pathwest employees and police officers entered the Pathwest lab in the 1990s. He has replied, "very rarely".

Mr Yovich has asked whether Mr Bagdonavicius could recall tradesmen ever entering the lab - which in the mid-90s only had seven staff.

"I do not recall tradesmen having to come in ... the fluorescent tubes were changed by the security officers. Cleaners we used one of the mortuary cleaners who only cleaned when we were present," Mr Bagdonavicius said.

During the cross-examination of an earlier witness, Mr Yovich asked if anyone ever entered the DNA lab to work on the phones. 

Mr Edwards worked as a Telstra technician and serviced the Telco's business and corporate clients in the 1990s. 

Mr Yovich is now asking Mr Bagdonavicius to draw the lay-out of the Pathwest lab when it was situated in the QEII Medical Centre, J Block, first floor. 

Mr Bagdonavicius takes witness stand for fourth day

Aleksander Bagdonavicius.Credit:Nine News Perth

The next witness is Pathwest forensic scientist, Aleksander Bagdonavicius, who has returned to the witness box to be cross-examined by Mr Yovich after taking three days to give his evidence-in-chief. 

Mr Bagdonavicius has been employed at Pathwest since 1975.

He was involved in the examination of some of the Karrakatta rape victim's clothes, and the recommendation of which of Ciara's fingernails be sampled by others in the DNA lab. 

He was also responsible for compiling a forensic review for WA Police in 2003 that included details of all the testing to that date that had been carried out on Ciara's 11 fingernail samples. 

Mr Edwards' DNA was allegedly discovered underneath a combined sample of Ciara's left thumb and middle finger (AJM40 and AJM42) in 2008. 

Mr Bagdonavicius said DNA testing developed in the late 1980s and1990s, but that he was "not the scientist in the DNA area". 

He has agreed that the introduction of the Profiler Plus testing to Pathwest lab in the "very late 90s" was a significant leap forward for the technology. 

He said he has some recollection of working on the Macro Taskforce cases, but cannot remember individual activities he carried out without referring to his notes. 

"This is certainly the longest case that I have been involved in," he said. 

Mr Yovich is now going through the witness statements Mr Bagdonavicius made, being one in 1995 relating to the Karrakatta cemetery rape victim case, and then several from mid-2016 onwards. 

Mr Bagdonavicius has agreed he relies on his documentation being accurate to assist with his recollection, given the passage of time. 

Mr Yovich is now asking about when the process for storing exhibits in the lab changed. The court has heard previous evidence Pathwest's storage coding system was introduced in late 1996. 

Today, an exhibit is given a barcode once it is retrieved which allows it to be scanned and tracked as it is processed in the lab. 

In the 90s, Mr Bagdonavicius said the process was manual. 

Court has adjourned for morning tea

It will resume at 11.30am with Mr Bagdonavicius to commence his cross-examination. 

Defence hones in on potential Pathwest lab contamination

Mr Yovich is now asking Ms Downe about how blanks, or negative control samples, are prepared for DNA extraction runs. 

The blank for the extraction of AJM41 and AJM46 - which were part of a larger run - was made by taking a swab head that hadn't swabbed for any cellular material and placing it in a tube on that run. 

To ensure the cycle testing of the run is accurate, the blank should return a negative result for DNA. 

Mr Yovich: The purpose of adding it is to see whether at the end of the process it is still a clean swab?

Ms Downe: Yes

AJM41 and AJM46 samples underwent a number of DNA extraction and amplification processes performed by Ms Downe in 2003. 

In 2004, when the exhibits were transported to a NZ lab for Y chromosome testing, a blank relating to runs the exhibits were on was found to have been contaminated with female DNA that was not Ciara's. 

It's not yet clear when and in what lab the contamination occurred, and testing to determine whose DNA it was was not undertaken at the time, as the NZ lab was only interested in trying to find male DNA. 

Mr Yovich is now going through the different blanks associated with the Pathwest testing runs for AJM41 and AJM46, and where each blank was stored in the freezer afterwards. 

Mr Yovich: If DNA is detected on a blank, what is the consequence? 

Ms Downe: If what might be part of or a DNA profile [is detected], then we look at where that DNA may have come from, because it should have no DNA in it at all.

Mr Yovich: If it has DNA in it, that may mean that the parent sample, the AJM nail exhibits, any DNA finding in relation to those may be invalidated? 

Ms Downe: We would look at that result and try to determine where that DNA came from and looking back at who handled the exhibit. 

Ms Downe said if a blank was found to be contaminated during a run, it should have been noted on documentation, and investigated. 

She said she does not recall a blank in the DNA testing process returning a positive for DNA. 

The state does not rely on the testing or results from AJM41 and AJM46 (Ciara's left and right index fingernails), which returned only Ciara's DNA. 

Mr Yovich has completed his cross-examination. 

During re-examination, Ms Downe has explained that the contamination of a blank does not always mean the entire run is invalid as it could mean the staff member handling the blank could have contaminated only the blank. 

She also explained Pathwest had a staff DNA database to cross-check if contamination was detected. 

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Defence questioning fingernail examination method

Denise Downe has returned to the stand for a second day to be cross-examined by Mr Yovich. 

Mr Yovich has asked if she has any independent memory of working on the Macro Taskforce exhibits between 2002 and 2005 while at Pathwest. 

She has said she does not, and that she relies on her documentation from the time.

Ms Downe was involved in the DNA testing of some of Ciara's fingernails in 2003 which involved taking some of the clippings out of their yellow top containers and swabbing them from AJM41, AJM46.

She also transferred AJM49 and AJM50 into swab containers in preparation for testing. 

Mr Yovich is now asking her about how common it was to receive fingernail clippings as an exhibit. 

Mr Yovich: Are you able to tell us from your experience between 2002 and 2005 whether it was more common to receive a swab or scraping [rather than clippings]? 

Ms Downe: It's far more common to receive a swab of a fingernail.

She said there were no laboratory protocols for dealing specifically with fingernails at the time, and that she would have relied on her experience and advice from her manager, Mr Bagdonavicius, to determine the best way to examine the items. 

At the time she took the fingernails out of their containers, took photographs of them and then 'wet dry' swabbed the clippings to retrieve any cellular material. 

AJM49 had already been examined by another scientist, and Ms Downe put the fingernail clipping from AJM49 directly into the tube to undergo DNA extraction, rather than swabbing it. 

Day 46 of trial to start at 10am

Welcome to WAtoday's live coverage of day 46 of the Claremont serial killer trial in the Supreme Court of Western Australia. 

Today, it is expected Bradley Edwards' defence team will cross-examine two Pathwest witnesses, Aleksander Bagdonavicius and Denise Downe, who gave their evidence-in-chief last week.

Lead defence lawyer Paul Yovich is seeking to uncover potential opportunities for cross-contamination between the Karrakatta rape victim exhibits and Ciara's fingernail exhibits to have occurred in the Pathwest lab, most likely through secondary transfer. 

Mr Edwards has confessed to the 1995 rape. 

"We accept ... that the scientific literature suggests the chance of contamination is remote but secondary transfer is known and documented in the literature," he said in his opening address.

"Your Honour will have to consider the possibility of cross-contamination with other exhibits at Pathwest that did have the accuseds' DNA on them."

Secondary DNA transfer is where DNA is transferred to an object or person through an intermediate, such as a piece of laboratory equipment like forceps, or scissors.

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

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