The John Tonge Centre, DNA evidence and miscarriages of justice - Part 1

I disagree with the evidence of Detective Sergeant Peter Gray that these robberies exhibited a unique modus operandi in the manner in which entry was gained to the bank and whilst staff but not customers were within the bank. For example the robbery in January 1995 of the Commonwealth Bank of Australia at the Pines Shopping Centre at Elanora of which I was convicted. The modus operandi used in this robbery was entry through the roof whilst staff but not customers were in attendance.

Dark clothing and balaclavas were said to have been used and police frequencies were said to have been monitored.

I was also convicted of the robbery of the National Australia Bank at Springwood on 16 April 1992. The facts of this robbery were that the branch had just closed and staff were still conducting activities within. Entry was gained by breaking through the back door, police frequencies monitored and attention was paid to the branch’s main safe.

I was also convicted of the robbery of the Commonwealth Bank of Australia at Pacific Fair on 24 December 1993. Again entry was gained through a door before opening time. It was alleged disguises were worn. Police frequencies were monitored and again the bank’s central sections were targeted. I am able to provide evidence of further similar modus operandi in bank robberies in other parts of Queensland and in South Australia. In some instances in relation to robberies of which I have been convicted it has been alleged that I have had co-accused that have never been arrested.

The establishment of similar factual evidence linking the Biggera Waters and Paradise Point bank robberies: subsequently discredited by Renton’s acquittal for the Morningside bank robbery and by Abbott’s October 2000 affidavit, relied upon DNA evidence to convince the jury that a conclusive link had been established between Renton and both the Biggera Waters and Paradise Point bank robberies.

On August 21, 1996 Kenneth Joseph Cox, forensic scientist at the JTC, examined a blue balaclava located inside a stolen white Ford Laser allegedly used in the Biggera Waters bank robbery and found dumped in a back street. Two areas of fabric in the balaclava were sampled in an attempt to isolate DNA that could originate from mouth cells via saliva. No DNA was isolated.

The trial of Marc Renton and Brunetta Festa commenced on April 2, 1997 but was marred with controversy from the outset when Festa jumped bail and fled interstate. Festa remained a fugitive until her 1998 recapture in Sydney but the trial continued with Renton as the sole accused.

Mid-way through the trial Cox testified he had completed a second examination of the balaclava on April 17, 1997 and isolated a stain that yielded some DNA. Although Cox's second examination did not correspond with his August 21, 1996 examination of the blue balaclava, he claimed the DNA sample belonged to Renton, Festa and a third unidentified person.

Although Cox claimed he had not conducted the second examination of the balaclava until mid-way through Renton's trial, the late inclusion of the evidence restricted Renton's defence counsel from having independent testing done.

The Crown's circumstantial case was substantially bolstered by the late inclusion of the DNA evidence. It was argued as conclusive and irrefutable proof that Renton had committed the Biggera Waters bank robbery and Judge Hangar allowed the evidence to go before the jury untested. It resulted with Renton's conviction and subsequent 14-year sentence for the Paradise Point and Biggera Waters bank robberies.

Eighteen months after his conviction Renton wrote to Professor Barry Boettcher, Professor Emeritus of Biological Science at the University of Newcastle and a Member of the Order of Australia for his work in the field of reproductive immunology, and requested a review of the DNA evidence used at his trial.

Professor Boettcher reviewed the evidence including trial transcripts, DNA profile collation sheets, gene-scan-analysis printouts and two statutory declarations sworn by Cox on October 14, 1996 and April 17, 1997. Professor Boettcher disagreed with Cox's evidence, arguing that the DNA was more likely to have come from a third party than from Marc Renton. He concluded that the DNA evidence used to convict Renton was scientifically incorrect and that the methodology used by the Crown’s DNA expert was wrong. Professor Boettcher reinforced those scientific conclusions in a sworn affidavit.

Although Professor Boettcher’s interpretation of the DNA cleared Renton of bank robbery, the Queensland Government was not convinced it was sufficient to release him from prison or institute an inquiry into his conviction. The options for Renton had run out. He had already lost an appeal to the Supreme Court based on points of law, and Queensland only allows one appeal against conviction.