It is difficult to top a week spent @ASFM2023 in Kigali, followed by an adventure trekking into the Volcano National Park to sit amongst Mountain Gorillas! Yet, every Friday I find something else happening in Africa, that is novel and worth sharing, and this edition is no exception. Driven by a DNA Crusader of note, Innocent Makasa has spearheaded the establishment of the Zambian National Forensic Authority, which has statutory powers to enforce standards and guidelines on forensic facilities in the country. I asked Innocent to tell us more about how the Regulator will be able to compel forensic facilities (both public and private) in Zambia, to maintain quality and objectivity in forensic science delivery. Why is this so groundbreaking? Well, according to Innocent, it is, to the best of his knowledge, the first-ever regulator of forensic science in Africa and second in the world after the UK’s forensic regulator. He has written a short piece for us below on how he helped to achieve this amazing milestone in Africa and why. While Innocent points out that statutory regulation is not the silver bullet in preventing the intentional or inadvertent misapplication of forensic science, systems such as quality assurance, proficiency testing and monitoring expert evidence admissibility criteria are some of the areas that also complement regulations or oversight mechanisms. This brings to mind the highly publicised case of S v van Breda, tried in a South African High Court between 2016-2018 - a familicide where the 20-year-old son was accused and later convicted to several life sentences for axing to death his parents and brother, and maiming his younger sister. Pivoting largely on over 200 samples of DNA evidence presented in court, this case represents an interesting case study both for scientists and academics. The Court considered the presentation and handling of DNA evidence, what constitutes an expert witness, proficiency testing, accreditation and quality assurance, among other key forensic issues i.e. it really did cover all bases! I personally attended some of the court proceedings with my law students at the time and share more about this intriguing case below. This case also raised the trending topic of accreditation. I am often asked, how important accreditation is and I have written a brief opinion piece on this burning question below. While many countries in Africa are striving to achieve some form of accreditation, they often do so before first ensuring that minimum quality management systems (QMS) are in place. Pursuing accreditation must never detract from the importance of implementing and following good quality laboratory practices. In other words, accreditation in and of itself doesn’t actually assess if the results are reliable. I recently met Guillermo Ortiz who was conducting quality assurance training in Nairobi this month. Guillermo, who hails from Mexico, is the technical assessor for the international accreditation body ANAB and is as passionate about up-skilling as well as improving the reliability of DNA results in Africa, as I am. I asked him to write a few words for us below on how the ANAB training process works. Wishing you a restful weekend and while we are talking quality, let's remember that as forensic experts, our integrity is the most important quality to never compromise. Yours in forensics, Vanessa PS. scroll down to see some of the photos I took of the unforgettable experience I had sitting amongst the majestic Mountain Gorillas in the Volcano National Park in Rwanda last week. VL |
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THE FIRST FORENSIC SCIENCE REGULATOR IN AFRICA! |
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"The reported misapplication of forensic science is nothing but the tip of the iceberg. Mostly because the majority of forensic laboratories conceal the acts, or have no capacity and systems to detect these. This sad scenario will persist if forensic laboratories are left to self-regulate and/or operating without national entities with statutory powers to enforce forensic standards and guidelines." ~ Innocent Makasa Benefits of Regulation? Misapplication problems will be detected faster. Improves self-regulation to avoid Regulator sanctions. Enhances validation of methods and techniques. Standardises methods and techniques.
READ HOW ZAMBIA LED THE CHARGE TO FORENSIC REGULATION IN AFRICA |
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On 7 June 2018, in Cape Town, South Africa, Henri Van Breda, who murdered his father, mother and brother with an axe and left his sister barely alive, was handed 3 life sentences. |
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Van Breda was 20 at the time of attack, and while a motive was never provided, investigators and South Africans alike were left shocked by the violent nature of the attack. A paramedic described the aftermath of the onslaught as the worst thing he had seen in his career, saying: "Blood ran like a waterfall down the stairs." Over 216 DNA samples were analysed in this case, in which the State Forensic Scientist testified that they did not struggle to get optimal DNA. During cross examination, Defense Counsel questioned the fact that there was no international or national oversight of the work at the state FSL. But the state witness did not agree, stating 'duplicate tests or retesting of samples could prove its trustworthiness', and going on to say that 'there is a misperception amongst the courts and laboratory’s clients that accreditation is the answer to reliability. But by following ISO guidelines, the FSL follow the same checks and balances as those followed by an accredited laboratory. In terms of ISO 17025, they always have to comply with international standards by using positive and negative controls. They also have internal checks done by the quality section, which is not part of the laboratory...'. READ THE FULL CASE REPORT HERE |
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TO BE, OR NOT TO BE ACCREDITED? THAT IS THE QUESTION.A brief opinion by Vanessa Lynch |
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I am often asked, how important is Accreditation? In my view, accreditation in and of itself cannot be prima facie proof that the DNA results that are obtained and reported by a FSL are valid and/or reliable. However, it can provide for establishing an infrastructure that would support quality work. |
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The misunderstanding, often raised in court, is that if a FSL is accredited, it translates into reliability and that (I think) is incorrect - as was done in the above-mentioned case of S v Van Breda. When the Defence use the argument that the lack of accreditation per se renders the DNA evidence analysed in that FSL inadmissible, then they are also saying the corollary of this argument is true i.e. that accreditation renders those results reliable, which is of course fallacious. Accreditation in and of itself doesn’t actually assess if the results are reliable. In the end the question for the court is simply: was the work done properly in this case; or put differently, did the FSL obtain reliable results in this case, and if so, how did they assess it. While accreditation has some benefits and ensures that certain infrastructures are in place it does not guarantee that the results are correct. Accreditation is therefore a recommendation. The most important point is for a FSL to maintain a good Quality Management System (QMS) and to be able to support that the work they do is reliable. In South Africa, while accreditation is not a legal requirement, s.15P of the DNA Act in South Africa provides that the officer commanding the Division responsible for forensic services must develop and recommend standards for quality management, including testing the proficiency of its FSL's and forensic analysts conducting forensic DNA analysis. These standards must: Comply with the SANAS and standards set by ISO. Specify criteria for quality management and proficiency tests applied to the various types of forensic DNA analysis. Include a system for grading proficiency testing performance to determine whether a laboratory or forensic analyst is performing acceptably. If your FSL is aiming to achieve accreditation, we asked the lead / technical assessor from ANAB , Guillermo Oritz, to give us some pointers below.
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WHAT IS AN ISO STANDARD? We chat to GUILLERMO ORTIZLead / Technical Assessor, ANAB |
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"Maybe you've never heard of ISO standards or certifications, and this is because, many of the things we use in our daily lives such as aviation, food, and even credit cards are regulated by international standards and the forensic world is not far behind. Recently the forensic field has found in the ISO standards, a way to strengthen confidence and certainty in the results that are issued, and this is due to the recognition given by an external and independent body to the competence and good practices carried out by laboratories." |
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There are two main standards that apply to forensic activities: ISO 17025: 2017 focused on Testing and Calibration Laboratories and ISO 17020: 2012 focused on Inspection Bodies. And although this is well known, the process to achieve the accreditation of a laboratory is not simple, but it positions the laboratory in a place where it allows you to exchange information with other laboratories ISO accredited at an international level, with full confidence that your results are being endorsed by validated methods, calibrated equipment, traceable measuring instruments, adequate facilities, and qualified personnel. There are currently more than 700 accredited forensic laboratories around the world and Africa is the next continent adopting the culture of quality in its forensic laboratories. |
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“When you realize the value of all life, you dwell less on what is past and concentrate more on the preservation of the future.” ~ Diane Fossey Put this on your bucket list! As promised a few shots from my gorilla trekking adventure in Rwanda. Pictured above is the Silverback and a baby from the 'Agashya' Gorilla family. Shout out to the RDB for conserving and protecting this critically endangered species and the human guardians for their love and protection of these precious Mountain Gorillas. VL. #JustSaying Africa is the next best destination for global conferencing... See Why Here |
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#DNACRUSADER OF THE WEEK: INNOCENT MAKASA, ZAMBIA |
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Innocent Makasa is the Chief Forensic Analyst at the National Forensic Science and Biometrics Department in Zambia, and took a few moments out of his busy day to answer our questions: What was the 'Eureka' moment that made you pursue the idea of having a Forensic Science Regulator in Zambia? The exonerations reported by the USA's innocence project and numerous scandals involving forensic laboratory personnel in the western world opened our minds to the idea of a forensic regulator in Zambia. When Dr. Muchelenganga and I sat to discuss the future of forensic practice in Zambia our worry was about giving forensic tools to the incompetent staff in forensic facilities across most African forensic facilities. We agreed then, that since the courts put so much trust in forensic evidence, let the forensic experts be qualified, use validated methods, and be regulated. Can this be done elsewhere in Africa? Is it easy to achieve? Absolutely! it is very easy to achieve as long as the proponents get the lawmakers to buy into the idea. Establishing the regulator is a cost to the government but it is money worth spending given the benefits involved. You have recently signed up for CODIS with the FBI? Was it easy? What will it achieve? Anyone who understands what CODIS is and its capabilities would be excited to sign up for it. This is free software with reasonable costs for the hardware, onsite training, and installation. I must say it was easy for Zambia to have signed up for CODIS because we understood what it is and the cost implications. CODIS will enhance the use of forensic DNA analysis in criminal investigations, especially in cases where perpetrators are unknown. It will also be useful in understanding the modus operandi of the criminal elements such as connecting crime scenes to other crime scenes, and suspects to several crime scenes. We are hopeful that most cold cases will be solved by CODIS. What are your top three tips to maintain quality assurance in an FSL? - Have an Oversight body to enforce quality standards. - Only use validated methods on casework samples. - Only employ qualified staff to work in the FSL. - Frequently test the competencies of the staff in the FSL (bonus). Favourite country visited in Africa and why? Rwanda is the best country I have visited in Africa. It is such a clean city with friendly people. When you are in Kigali you feel safe. FOLLOW INNOCENT HERE |
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NEXT WEEK WE DROP THE PROVISIONAL PROGRAMME FOR THE 3RD DNA FORENSIC SYMPOSIUM TO BE HELD IN CAPE TOWN, SOUTH AFRICA, 12-15 JUNE 2023. SAVE THE DATE. TRUST US, YOU DON'T WANT TO MISS THIS. |
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Together we are DNAforAfrica, and together, we are UNSTOPPABLE! |
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Follow our Journey @DNAforAFRICA | |
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