Toxicology tests in court proceedings - Investigation
The Department of Justice has been notified of a criminal investigation by Greater Manchester Police in relation to alleged manipulation of scientific data by individuals who worked at laboratories (Randox Testing Services and Trimega Laboratories Limited) which undertook toxicology tests, which may have been used as evidence in court proceedings.
While the criminal investigation is ongoing, as a precautionary measure, results from all tests carried out by Trimega between 2010 and 2014 and most drug tests from RTS between 2013 and 2017 are being treated as potentially unreliable.
There are no implications for either criminal or coroners cases in Northern Ireland. Forensic Science Northern Ireland, an executive agency of the Department of Justice, are responsible for toxicology testing for both the PSNI and State Pathologist in Northern Ireland and have no current or historical connection with Randox or Trimega.
At this time, the Department of Justice understands it is possible that toxicology tests potentially affected by this issue may have been commissioned for family cases in Northern Ireland, although it is unlikely that decisions about the welfare of children will have been taken solely on the basis of toxicology test results.
In respect of a small number of tests, which may have been carried out for a family case and which have already been identified as being potentially affected, the parties who commissioned the testing have been contacted.
If any party believes that their case may be impacted they should, in the first instance, consult their legal representative. Where, as a result, a remedial application is to be made to the court, the Department of Justice has indicated that the court fee should be waived. Any queries on the waiver of court fees in such applications should be directed to Operational Policy Branch within the Northern Ireland Courts and Tribunals Service on BusinessDevelopmentGroup@courtsni.gov.uk