Eyewitness testimony has for long been the basis for the justice system in crime fighting. This has been supplemented with scientific methods, such as blood analysis, hair follicle analysis, and fingerprinting to determine the identity of a criminal.

For years, the fingerprint left at the scene of a crime, or on evidence related to a crime, was the most reliable means of confirming the presence of a person at the scene, since no two individuals, even identical twins, have identical fingerprints. However, it is not always possible to obtain clear fingerprints from a crime scene; further, it is possible to alter one’s fingerprint by plastic surgery and other surgical techniques.

A characteristic of a human being that is more unique than the physical fingerprint is the DNA fingerprint. DNA (Deoxyribonucleic Acid) is the blueprint that contains the information of our unique genetic make-up. It cannot be altered by any known technique. The substance can be extracted from any cell of a person and analyzed to give a DNA fingerprint. No two persons, except identical twins, have identical DNA. It is no longer necessary to have an eyewitness account to establish the presence or absence of a person at the scene of a crime. If there is a match between a suspect’s DNA fingerprint and other evidence left at the crime scene, a strong case can be made against the suspect. Not only can a DNA fingerprint be used to confirm a person’s guilt, it can also be used to prove the innocence of a person wrongfully condemned.

Could DNA have helped in Akiel’s case?

Eleven- year old Akiel Chambers disappeared on May 23, 1998 after attending a birthday party. His body was found the following day in the swimming pool at the home at which the party was held. Semen was found in his anus, indicating he was sexually molested before he died. Murder was suspected.

Five years later, a magistrate conducted an inquest to determine the circumstances surrounding his death. Had forensic scientists conducted DNA tests on the semen found in his anus and similar tests were carried out on DNA samples from the suspects, with a match between the DNA fingerprint of the semen and that of one of the suspects, the court could have used that information, along with all the other evidence presented, to arrive at a verdict. However, DNA testing was not done and in the absence of conclusive evidence, justice has not yet been served in Akiel’s case.

The Akiel murder mystery remains unsolved because:

• Although legislation to allow police officers to take DNA samples at crime scenes has been passed, it has not been proclaimed.

• Supporting regulations on collecting samples, and conducting the tests, among other things that will give effect to the Act have also not yet been established.

This delays the establishment of a DNA data bank that would allow investigators to solve crimes quickly. Such a data bank would also help in speedily identifying victims of land, sea and air crashes; in identifying victims of kidnappings; in solving rape and questionable paternity cases; and in proving innocence in cases of wrongful arrests.

The T&T DNA Act

The Trinidad and Tobago Deoxyribonucleic Acid Act 2000 was passed in Parliament in 2000. It details the process by which the police may take a DNA sample. It also stipulates that a committee of qualified persons be set up to monitor the conduct of tests. However, the Act has not been implemented because it has not been proclaimed. The regulations necessary to give teeth to the Act, including setting up a committee to establish, monitor and regulate the standards for conducting DNA tests and other quality control measures for laboratories including how to protect tissue samples, have not been put into effect.

The non-proclamation of the Act delays establishing a data bank of DNA samples that would speed up the process of DNA identification. The Forensic Science Laboratory in Trinidad is reported to have all the necessary tools available to perform the procedures to obtain the DNA fingerprints. Some crime fighters have also trained locally and abroad to identify, collect, record, transport and store this type of evidence. However, until such time as testing actually begins, and a DNA data bank of criminals in Trinidad and Tobago is established, there is no way of knowing whether there are enough trained experts to support implementation of the Act.

Its implementation is imperative to help stem the rise in crime in Trinidad and Tobago. It is believed that if potential criminals knew they would be positively identified through DNA evidence, they would desist from committing crimes. Thus knowledge of and fear of a possible conviction from DNA evidence might deter criminals and reduce the crime rate.

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