PUBLICATION:          The Winnipeg Sun

DATE:                         2005.02.02

EDITION:                    Final

SECTION:                  Editorial/Opinion

PAGE:                         9

BYLINE:                     ROBERT MARSHALL spring. E-mail comments to rm112800@hotmail.com

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DNA DILEMMA JUST GETTING WORSE

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A couple of columns that have run in recent weeks suggest a federal government out of touch with community protection needs. DNA science provides the opportunity to expose criminals' current and past deeds and that is the best way to cork continuation and see justice.

Regrettably, wishy-washy Liberal legislation obstructs that science and the lacklustre effort to staff, equip and fund the labs keeps full potential out of reach.

DNA is the building block for a person's entire genetic makeup and as such becomes a firm foundation for successful crime investigation. So why is funding limited to less than $10 million annually for the entire country?

I received a legion of comments to the DNA columns. One came from Ray Wickenheiser, who runs the Acadian Crime Lab in New Iberia , La. He has a budget of about $1.5 million US for an area population of 602,000 -- less than Winnipeg . He has impressive credentials including articles in scientific periodicals and an appearance on CNN.

Wickenheiser is a home-grown boy -- born, raised and educated right here in Canada , he received 16 years of practical experience with the RCMP Regina Crime Lab. He was in on the ground floor of DNA investigation in Canada , became involved in countless major cases and met many victims and their families.

Wickenheiser stood for the expansion of DNA programs but witnessed what should have been an investment in public safety become something rationed and diminished through the budget process. After much soul-searching he accepted a position south of the border.

In The Journal of Biolaw & Business he writes a compelling argument as to the benefits of a strong investment in DNA science. Knowing that repeat offenders commit two-thirds of all sexual assaults and using other official U.S. data, he is able to conclude that hundreds of thousands of future attacks and tortured lives could be prevented with a properly constructed DNA system. Its price would be a mere fraction of the billions it would save in policing costs, medical and psychological help, lost productivity and lost quality of life -- a real return on investment.

Another set of comments came from Dave Hepworth, a 40-year RCMP man and former assistant manager of the Regina Crime Lab. As a member of the Mounties he obtained a Bachelor of Science (Hons) in biochemistry. A year and a half ago, a frustrated Hepworth left the RCMP for good.

He says that reduced funding and subsequent lab closures forced people like Wickenheiser and at least 14 other highly trained individuals to take their Canadian talents elsewhere. The Winnipeg crime lab's Dr. Gary Shutler now oversees the Washington State Patrol Crime Lab. Forensic scientist Phil Hodge went with him.

Experts both, Hepworth and Wickenheiser agree tougher legislation is needed. Increased funding would curtail the huge backlogs, burnout and inevitable error. England should be the model where samples are obtained at the time of arrest and testing is quick and sure.

At one level the RCMP subscribes to this common-sense thinking. In the most recent annual report, assistant commissioner Mike Buisson states: "It is a simple formula. The more profiles entered into the National DNA Data Bank, the more 'hits' that are generated to help police investigators solve serious crimes."

But to support their political masters the Mounties' media machine goes to work. They prefer terms like "cases in progress" to "huge backlog" and success is achieved by setting easily attainable goals. In the data bank's 2001 annual report, commissioner Guiliano Zaccardelli stated that Canadians can be proud of the DNA data bank that "will help to solve hundreds of crimes in the coming years" and after almost five years they celebrated 2,000 hits. Not overly ambitious when compared with England 's more than 584,000 hits in nine years.

In The Journal of Biolaw & Business Wickenheiser refers to the judicial inquiry that examined the Paul Bernardo case. Mr. Justice Archie Campbell stated that Bernardo, while "his DNA was waiting to be tested, raped four young women and raped, tortured, and murdered two others. In hindsight, it is clear that these rapes and murders could have been prevented if Bernardo's DNA sample had been tested within 30 or even 90 days ... Delays in DNA testing can imperil personal safety and cost lives."

Hepworth says that testing often takes four months or more and Campbell noted that "there is a rapidly developing body of law around the potential legal liability of government for failing to provide a reasonable standard of public protection."

The exodus of extraordinary Canadian talent and its reasons should exasperate us. Meanwhile in Ottawa , we see a befuddled, do-nothing prime minister yak about defending minority rights as he tarries waiting for the gay marriage issue to pass. When that's off his plate maybe he could do something with this DNA dilemma to keep the vulnerable from having to join the ranks of yet another minority -- victims, the saddest group of all.