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Friday, March 14, 2025

DNA delays unacceptable

by

524 days ago
20231007

The long, ex­cru­ci­at­ing wait by the fam­i­ly of fish­er­man Rishi Khem­chan for clo­sure in his trag­ic death is fi­nal­ly com­ing to an end, more than eight months af­ter he and three oth­er men dis­ap­peared af­ter set­ting off from Guayagua­yare on a fish­ing trip in ear­ly Feb­ru­ary.

Al­though Khem­chan’s re­mains were re­trieved a week lat­er in a man­grove in Venezuela, his rel­a­tives have been put through the frus­trat­ing bu­reau­cra­cy of the body’s de­layed re­turn to T&T and then a months-long wait for pos­i­tive iden­ti­fi­ca­tion through DNA test­ing.

Fi­nal­ly last Fri­day, the griev­ing fam­i­ly got con­fir­ma­tion that the re­mains were their long-de­part­ed loved one and, bar­ring any fur­ther frus­trat­ing set­backs by foren­sics per­son­nel, they will re­ceive the body by Mon­day and lay Khem­chan to rest next week.

Why did it take so long?

The cir­cum­stances of the 38-year-old fish­er­man’s death at sea, on what start­ed off as a rou­tine fish­ing trip, were painful enough with­out the added an­guish of a lengthy de­lay be­fore rel­a­tives could arrange for last rites.

This rais­es ques­tions about the state of the mod­u­lar DNA lab­o­ra­to­ry es­tab­lished since 2007 at the Foren­sic Sci­ence Cen­tre in St James. Al­though this fa­cil­i­ty ex­ists ex­clu­sive­ly for the analy­sis of DNA, is it ful­ly meet­ing this coun­try’s need for ef­fi­cient de­liv­ery of crim­i­nal jus­tice?

In the case of Khem­chan, his rel­a­tives co­op­er­at­ed ful­ly with the au­thor­i­ties to get his re­mains iden­ti­fied through his cloth­ing, den­tures and phys­i­cal fea­tures.

The au­top­sy was done in Venezuela and the body re­turned to T&T with a death cer­tifi­cate and oth­er doc­u­men­ta­tion on March 10. The po­lice took pos­ses­sion of the body and DNA sam­ples tak­en from Khem­chan’s rel­a­tives on March 25.

Un­for­tu­nate­ly, what fol­lowed was a painful­ly long wait for con­fir­ma­tion of his iden­ti­ty through DNA.

The val­ue of de­oxyri­bonu­cle­ic acid (DNA) in en­sur­ing ac­cu­ra­cy and fair­ness in the crim­i­nal jus­tice sys­tem has long been recog­nised by T&T’s law­mak­ers. How­ev­er, it took them an in­or­di­nate length of time—more than two decades and dif­fer­ent po­lit­i­cal ad­min­is­tra­tions—to en­act leg­is­la­tion.

In the­o­ry, if not in prac­tice, the Foren­sic Sci­ence Cen­tre has had the ca­pac­i­ty for DNA test­ing for ap­prox­i­mate­ly 16 years.

Laws de­bat­ed and passed be­tween 2007 and 2018 reg­u­late the man­ner in which DNA sam­ples are col­lect­ed, trans­port­ed, stored and en­tered in­to the coun­try’s DNA Data­bank

Used to its full po­ten­tial, DNA ev­i­dence will help solve and may even pre­vent some of T&T’s most se­ri­ous vi­o­lent crimes.

With the es­ca­lat­ing mur­der rate, there is in­creased de­mand for rapid and ac­cu­rate DNA col­lec­tion and foren­sic analy­sis to sig­nif­i­cant­ly im­prove de­tec­tions and con­vic­tions and de­liv­er jus­tice.

How­ev­er, im­ple­men­ta­tion of DNA leg­is­la­tion has been slow and the ex­pe­ri­ence of the Khem­chan fam­i­ly is not an iso­lat­ed one.

In 2021, more than 15 years af­ter Sean Luke’s mur­der, dur­ing the tri­al of his killers in the High Court, pros­e­cu­tor Sab­ri­na Dougdeen-Jaglal re­vealed that DNA analy­sis was still out­stand­ing. She told the court sam­ples had been sent for test­ing in 2006 but there was a chal­lenge with the Foren­sic Sci­ence Cen­tre’s DNA lab and its ca­pac­i­ty to do the analy­sis was “ze­ro.”

This is un­ac­cept­able.

Two years lat­er, if these chal­lenges re­main un­re­solved, ur­gent ac­tion is re­quired to en­sure that at all stages, from col­lec­tion to analy­sis, T&T’s DNA sys­tem is ful­ly op­er­a­tional.

Cit­i­zens in need of jus­tice and clo­sure should not be at the mer­cy of a de­fi­cient sys­tem.


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