Law Times

law Times • July 23, 2012 New evidence could throw old cases into doubt FOCUS Continued from page 12 about the great degree of vari- ability in laboratory methods in DNA testing, and the scientific community has responded by issuing best-practice guide- lines. It now appears that spe- cific training on bias issues and the development of best prac- tices designed to limit contex- tual influences may be next on the agenda. vacuum if we are to believe what these scientists are telling us." There has long been concern to how the scientific commu- nity will respond to the report. "I hope the scientific commu- nity will react positively, accept the empirical evidence before them, and accept the limitations of their ability. My personal opinion is that there should be a peer review program to find out how oſten an analyst' vary from the findings of their peers. Every scientist should be subject to some form of double- blind testing to find out what s results Rose says it's a live issue as their accuracy rate is." Federico thinks there should also be a government response. "The government should be taking a closer look where they have done prosecutions involv- ing mixtures or low number counts. They have a duty to re- port back to the accused or in- dividuals sentenced and a duty not to proceed with evidence that could be flawed. scientific evidence could throw old cases Rose agrees that this new into doubt. " "There Facilitation payments a tricky area you've filled out all the forms to get furniture out of cus- toms when moving to another country, the customs officials are used to being paid a small sum in order to process the paperwork and release your furniture. Continued from page 9 points to keep in mind regard- ing facilitation payments. First, they may not always be exempt from every country' She recommends several " instance, they're not exempt from British legislation that applies extraterritorially. Sec- ond, they may be illegal under the foreign country' s law. For bribery of a Canadian official is illegal. Third, the definition of facilitation is subject to inter- pretation. "Obviously, the Ca- nadian police take a fairly strict view, s law just as Faith notes it can be a very " says Hutton. fine line between facilitation and a bribe, and Hutton be- lieves that more and more employers are telling their employees they won't tolerate facilitation payments either. "They consider that the rewards of patience and diligence and not cutting corners is better in the long run. It' it doesn't break anybody's law." To date, 38 countries have s frustrating but ratified the Organisation for Economic Co-operation and Development' are cases where there have been mixtures and low copy num- ber profiles. The thing about science is that you only find out af- ter the fact that the thing you've been do- ing for years is not as good as you thought it was." He compares it to the progression of attitudes towards fingerprints. "People thought that was gold standard. They thought that every person had a unique fingerprint. Then we found out that' true." There' s not to be a response from those involved in future prose- cutions. Federico highlights the role of defence counsel in making certain the analysis is free of bias. s also bound PAGE 13 'I've always said that forensic science was tainted by error,' says Ricardo Federico. "This opens an area for chal- lenge and will change the way in which we respond to a case. In- consistent interpretation is not acceptable. " LT on Combating Bribery of Foreign Public Officials in In- ternational Business Transac- tions. The British Bribery Act, enacted on July 1, 2011, is the strictest regime so far. Hutton has observed that as this type of legislation is proliferating, more and more companies are behaving properly. "This legislation is meant to change s Convention Reach one of the legal and business markets in largest Companies 'must keep as tight control of their foreign employees as they do of their domestic employees,' says Susan Hutton. the status quo. Eventually, it will put pressure on the host country. Considering the U.S. passed their legislation in 1977, it' but there has definitely been an upswing lately. LT s been a slow, gradual process, " ADVISE YOUR CLIENTS ON HOW TO COMPLY WITH AODA STANDARDS Canada! A LEGAL GUIDE TO THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005 SUNIL KAPUR AND KATE McNEILL-KELLER This title offers comprehensive insight into the Ontarians with Disabilities Act, 2005 and because it is updated regularly via looseleaf inserts, you'll never have to buy another resource on the topic. 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