Forensic tampering scandal hits 34,000 family court cases

More than 34,000 child custody cases could have been jeopardised by the forensics tampering scandal.

As the impact of the forensic data fiddling continues to grow, it can now be revealed the true number of criminal and civil cases affected may be higher than 44,000.

This week the National Police Chiefs Council announced 10,000 criminal cases in England and Wales dating back to 2010, including rapes and murders, are being reviewed after two forensic scientists were arrested on suspicion of manipulation of drug and alcohol tests.

But the impact on the family courts could be far wider as the laboratory was once carrying out at least 6,800 hair tests for drugs and alcohol in child welfare cases a year when it was run by Trimega.

More than 34,000 child custody cases could have been jeopardised by the forensics tampering scandal. (File photo)

Last night there were calls for a public inquiry into the crisis, as critics questioned why it took so long for the authorities to investigate when High Court judges were warning back in 2011 of serious mistakes being made at the Manchester laboratory.

One mother nearly had her children wrongly put into care before her drug sample was retested by a rival lab.

The Mail has learnt one of the suspects under investigation was once a poster boy for the forensic world who boasted he had helped to shape the Government’s drug-driving laws brought in in March 2015. 

Considered an expert in his field, he gave expert testimony in court cases as to the reliability of his tests, and the scientist is said to have analysed over 50,000 samples for drugs during his career, many of which are now under review. 

As the impact of the forensic data fiddling continues to grow, it can now be revealed the true number of criminal and civil cases affected may be higher than 44,000. (File photo)

As the impact of the forensic data fiddling continues to grow, it can now be revealed the true number of criminal and civil cases affected may be higher than 44,000. (File photo)

Between 2010 and 2014, when the lab was run by Trimega Laboratories, it is estimated to have carried out 34,000 tests for child custody cases. 

After it went into administration, the lab was taken on by Randox which also carried out hundreds of tests which are now under scrutiny.

Randox took on the premises, some of the equipment and some of the staff including the two main suspects alleged to have fiddled the tests. 

The same lab, when it was run by Trimega, also churned out drug tests for inquests, nurses and employment checks for pilot and nurses, which could have put the public at risk if the results were wrong. 

Yesterday Norman Lamb, chairman of the science and technology select committee, called for a public inquiry into the scandal.

He said: ‘The scale of the potential impact here is enormous, it beggars belief. The reality is this could impact on families across the country.’

James Battrick (above), jailed for six years for killing two girls when he was three times over the drug drive limit has launched an appeal after re-tests revealed he was under the legal limit

James Battrick (above), jailed for six years for killing two girls when he was three times over the drug drive limit has launched an appeal after re-tests revealed he was under the legal limit

Killer driver appeals drug test 

A driver jailed for six years for killing two girls when he was three times over the drug drive limit has launched an appeal after re-tests revealed he was under the legal limit.

James Battrick, 23, is in prison after causing the deaths of 19-year-old friends Lily Butterfield-Godwin and Abbey Rogers in a car crash in December 2014.

But his lawyers have lodged an appeal arguing that he should be set free immediately and compensated to the tune of hundreds of thousands of pounds as re-tests have shown that the original assessment by Randox forensic scientists that he was three times over the legal drug driving limit was wrong.

A re-test of the sample taken at the roadside has revealed that Battrick had 1.2 micrograms of cannabis per litre of blood which is below the legal limit.

But the original Randox test suggested the figure was five times higher at 6.4 micrograms.

Battrick pleaded guilty to two counts of causing death by careless driving while under the influence of drugs, but now he says he would never have admitted the charge if the tests had been accurate.

The offence of causing death by careless driving by itself carries a far less heavy penalty and he is likely to have only been sentenced for a couple of years, rather than six.

Battrick, 23, is in prison after causing the deaths of 19-year-old friends Lily Butterfield-Godwin (left) and Abbey Rogers (right) in a car crash in December 2014

Battrick, 23, is in prison after causing the deaths of 19-year-old friends Lily Butterfield-Godwin (left) and Abbey Rogers (right) in a car crash in December 2014

His solicitor Conor Johnstone from MAJ Law said Battrick will appeal his sentence and he should be compensated for every extra day he has served.

The electrician has already appealed his sentence once before the forensic blunder emerged, which led to it being reduced by only six months, to six years and three months.

His appeal will cause further anguish for the girls’ parents who have said he should be locked up longer.

The parents of Miss Butterfield-Godwin released a statement after he was jailed saying: ‘We feel let down by a legal system that means Battrick will be out of prison in just a few years when he has caused the death of our daughter and loving sister; but also the death of Abbey and serious injury to Lily’s life-long best friend, Kim Sellman.

‘Battrick will be able to return to a normal life in a couple of years – Lily and Abbey tragically will never have the opportunity to blossom and enjoy life.

‘We can never bring back our beautiful daughter who loved life and touched so many people’s hearts. She is irreplaceable. We remain devastated by our loss and have to try and move forward in the knowledge that Battrick chose to drive on a concoction of drink, drugs and high speed.’

Battrick had drunk four pints of cider when he offered a lift to three girls in his Mazda RX8 after a night in Lyndhurst.

Two of his passengers asked him to slow down before the Mazda careered off the road in Gosport Lane, hitting a wall and a brick gate pillar.

The two friends died at the scene and a third passenger, Kimberley Sellman, suffered a fractured skull.

Battrick also had to be cut from the vehicle and suffered serious leg injuries.

Cannabis was found in the wreckage.

Lady Justice Rafferty said he had ‘chosen to ingest alcohol and cannabis’ before getting behind the wheel and said it was a ‘miracle anyone survived’ the fatal smash. 

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