Garda hunt for sex assailant ‘hampered by DNA laws’

THE hunt for the man who sexually assaulted a four-year-old boy is hampered by laws preventing gardaí from taking DNA samples from suspects against their wishes, the country’s top forensic officer warned.

Dr Jim Donovan of the State Forensic Laboratory said gardaí should be able to compel suspects to give DNA samples.

He also called for the establishment of a database of sex offenders' DNA.

"I have been trying to persuade the authorities for a long time to adopt what has been adopted right across Europe that people have the authority to take buckle cell swabs from inside the mouth using a cotton bud."

He said a database of sex offenders' DNA would enable investigators to quickly check a suspect's sample against existing files.

The Forensic Laboratory has received a DNA sample from the man who sexually assaulted the boy near his home in Dundalk, Co Louth, last Friday evening, but have no database with which to compare it.

Under the law gardaí cannot force suspects to provide a DNA sample. The Forensic Act 1990 stipulates a garda of superintendent rank must tell a suspect why a sample is needed and

explain the potential consequences to him. If the suspect refuses, there is nothing the gardaí can do.

"The inability to take swabs is quite a disadvantage. Every other country does it. It saves a huge amount of detective time, searching and questioning," Dr Donovan said .

Despite the DNA problems, gardaí in Dundalk are making progress in their hunt for the attacker.

"The boy has provided information on the attacker, but it has to be treated in the context that it is given by a child of four who has gone through a horrific experience," Supt Michael Staunton said.

He said they were not disclosing this information because they believed it would not be helpful. He added: "I can't tell you an arrest is imminent, but we have certain information that we are looking at and developing."

Supt Staunton said "If you are caught drunk-driving, you don't have the option, you must provide a sample, but if you commit murder or rape the same doesn't apply. It is an anomaly which may need some clarification."