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Lawyer casts doubt over DNA

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

KOFHE Goodman’s lawyer suggested to an analyst that her findings between comparing the DNA profile of Tryphemia Ferguson’s blood and the liver sample of an unknown male could not identify that male as Marco Archer.

Marisa Roe, forensic manager of Fairfax Identity Laboratories, replied that her test for first degree relations between the two samples as a way to establish a person’s identity, revealed that Ms Ferguson was likely to be the biological mother of the male profile believed to be Marco Archer.

“All you can say is such that it came from one of her children. That is all you can say,” Geoffrey Farquharson suggested.

Roe explained the reason for the identification that “the body was believed to be Marco Archer came from the submitting agency.”

The forensic expert said she was only instructed by the Royal Bahamas Police Force to test if there was first degree relations between the two samples.

Goodman sat in the prisoner’s dock listening to the cross-examination.

Goodman, 37, of Yorkshire Drive, faces a murder charge, which he denies. It is claimed that between September 23 and 28, 2011, he caused the death of Marco Archer, 11, who disappeared from Brougham Street and was found dead days later.

Goodman is represented by Mr Farquharson.

Garvin Gaskin, deputy director of public prosecutions, Neil Braithwaite and Darell Taylor are prosecuting the case, which began on April 19.

Roe had previously testified that Ms Tryphemia Ferguson, whose blood was subjected to a DNA profile, cannot be excluded as the biological mother of a male subject whose liver sample was also profiled.

Ms Roe went on to say that there was a 99.943 per cent probability that Ms Ferguson was a biological relative of the male profile identified in the liver sample.

Ms Roe was cross-examined by Mr Farquharson for most of the day.

The lawyer asked the analyst if it were possible for DNA to transfer between items if items were collected from garbage. The analyst said it was possible if both items had DNA on it.

The lawyer put it to the witness that the blood samples from Tryphemia Ferguson and Eduardo Ferguson, the only known reference samples in her possession, and the liver sample could not be counted because it came from an unknown body.

Ms Roe replied that the unknown body was believed to be that of Marco Archer.

Mr Farquharson suggested to her that no police officers sent her blood, hair strands or other samples from Marco Archer that would be able to match his profile from the liver sample.

“I never received those items,” she said but maintained that the liver sample from the unidentified body was used in her test to establish if there was a biological relation between the liver sample and the blood of Ms Tryphemia Ferguson.

“That was the most you could do at best,” the lawyer suggested.

“That is how we identify bodies,” the witness answered, adding that the result of the findings and statistics, show that “it is likely that the body is the child of Tryphemia Ferguson.”

“All you can say is such that it came from one of her children. That is all you can say,” Geoffrey Farquharson suggested.

Ms Roe explained that the reason for the identification that “the body was believed to be Marco Archer came from the submitting agency.”

“And all you were asked to do is test if there was a first degree relation?” the attorney asked.

“Yes,” the witness answered.

Mr Farquharson continued his questioning. Some of Ms Roe’s answers prompted him to say that he would have her reported to the respective forensic associations in the United States of which she is a member.

However, Mr Farquharson was chastised by Justice Bernard Turner who advised him to conduct himself as counsel and continue his cross-examination.

Mr Farquharson also wanted to know what Fairfax Identity Laboratories charged the Bahamas government for its services to the Royal Bahamas Police Force.

The prosecution objected to the question, maintaining that it was not relevant to the inquiry. The lawyer replied that if Ms Roe was being paid for these services, and being an informant for the Bahamas government, then the question of bias and credibility arose.

Mr Farquharson, before continuing onto the previous subject, rephrased his question. He asked if a contract existed between the laboratory and the RBPF. Ms Roe confirmed that a contract did exist.

“Is Marco Archer dead or alive?” the lawyer asked.

“I have no opinion on that,” Ms Roe answered.

“I put it to you nothing you did will tell you whether Marco Archer is alive or dead,” the lawyer said.

Ms Roe said she received a liver sample which she used in her test to come to the findings that she did.

The trial resumes today.

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