Ed. 11, 31 March 2023
They say that truth is stranger than fiction, and this week’s edition of #FF is a perfect illustration of just that: namely, the bizarre case involving Thabo Bester, dubbed the 'Facebook Rapist', which has recently hit news headlines in South Africa. A multi-faceted case study for this week's newsletter, it touches on the complex extraction of DNA from burnt remains, kinship analysis, exclusions, DNA backlogs, DNA databases and DNA policies, to name a few!?
In a nutshell, Thabo Bester was sentenced to life imprisonment in 2012 for rape and murder. In May last year, he was reported to have committed suicide by setting himself alight in his cell. Last week, however, it was revealed through DNA results obtained from the charred remains and compared to his mother's DNA, that the burnt body found in the cell, was not Bester’s, but that of an unknown male, who appears to have been murdered, indicating that Bester masterminded a bold escape from prison and is now at large, again.
While there are questions around who helped Bester escape from prison, it also raises interesting forensic questions such as why it took so long for the DNA results to be processed (in this case, did the DNA backlog in South Africa delay justice?); and who, if not Bester, was murdered? Using a sample of Bester's mother's DNA and a process called kinship analysis, this provides a good example of how DNA can play both an exculpatory as well as inculpatory role in human identification as well as how this can be determined in the absence of a reference sample from the person being identified.
This case also highlights the benefits of having a DNA database and DNA laws in place - in this instance, how not having effective DNA policies in place at the time, actually enabled Bester to slip through the system. The DNA laws in South Africa had not yet been passed in 2012 when Bester was convicted, ironically, they were passed a year later - meaning his DNA sample would not have been taken at either arrest or conviction or added to a database.
Had Bester been convicted today, with DNA laws now firmly in place in South Africa and a DNA database containing well over 1 million profiles, his DNA profile would be on the DNA database - either as a convicted offender or as an arrestee - which would have made the process of identification not only easy, but would have alerted the authorities that the charred remains were not Bester's by a simple comparison of his profile against the database. Further, if Bester had raped again after escaping, and a crime scene sample obtained, this would generate a hit on the database and the authorities would have been alerted to the fact that Bester had escaped, also providing vital intelligence on his whereabouts. So, when was the best time to have passed DNA laws in South Africa? Well, in this case before 2012! When is the next best time to pass DNA laws in countries' considering introducing DNA laws? TODAY! I have included a short opinion piece below on the benefits of a DNA database as well as why DNA laws promote justice, and more importantly, prevent tomorrow's victims today.
And for those forensic enthusiasts who are interested in Forensic Psychology, Dr Gerard Labuschagne , a criminologist and criminal psychologist who spoke to Bester while in custody, gives us some more insight into this case below.
Last but not least, don't miss reading about our DNA Crusader of the week, the passionate and committed Fekade Danaso , a Forensic Pathologist from Ethiopia who shares more on how burnt remains would be handled in Ethiopia, which currently does not have a DNA regulatory framework in place.
We would love to hear your perspective on any forensic aspect of this case, so drop a comment on our social media pages to share your insights.
Yours in forensics,
Vanessa
A MIND-BOGGLING CASE OF FAKED DEATH & UNIDENTIFIED REMAINS
?The prison system in South Africa is under fire after mistakenly believing a burned body found in a cell belonged to a serial rapist and murderer, Thabo Bester, who instead had escaped from one of the most "well-run" private maximum security prisons in the SADAC region, which is held as a model institution for correctional services. ?
Dubbed the “Facebook rapist”, Bester allegedly lured victims on the social media platform before raping and robbing them. At least one victim was killed. In 2012, he was sentenced to life in prison for rape, robbery and murder.
On Sunday, police said an autopsy revealed the person found dead in Bester’s cell had died from blunt force trauma to the head before being set ablaze. A murder investigation has been opened.
Matters of corruption and governance aside, obtaining DNA from charred remains is a complex and difficult process and not always successful. Usually only hard tissues (bones, teeth) may be left for DNA analysis. Further, DNA extracted from burnt bone fragments may be highly degraded, making an amplification of genetic markers difficult or even impossible. In addition, heavily burnt bones are very prone to contamination with external DNA.
TO CATCH A KILLER
Click on the link above to listen to the interview with Dr Gerard Labuschagne , a criminologist and criminal psychologist who spoke to Bester while in custody.
We asked Dr Labuschange to share some more insights into his work.
What is Forensic Psychology? Most people associate it with profiling serial murderers or psychologists who help the police solve cases. In reality, this is a very small part of forensic psychology (often referred to as investigative psychology), done by a very small group of specialist psychologists internationally, and even fewer locally. In fact, most law enforcement profilers are not psychologists at all, and are usually experienced investigators. We use the term forensic psychology any time psychology is playing some role in relation to the justice system. This can range from the criminal justice system where psychology can play a role in interviewing victims of crime or suspects, offender profiling, hostage negotiation, or investigative guidance, and it can include assessments in civil trials such as medical-negligence, or family law issues.
One of the most common areas that psychologists play a role in the justice system is as an expert witness in court: in the criminal justice system, expert assessments can range from helping determine if someone can be held responsible for their actions (criminal capacity), to whether someone can be put on trial (competency to stand trial), to helping courts determine what to do with an accused after they have been found guilty (sentencing reports), to risk assessments.
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We are calling on African forensic scientists to share their research with the world at the 3rd FDNAS in Cape Town in June. This is your chance to shine!
WHY PASS DNA LAWS?
Here are some reasons, to name a few....
I often hear the argument that DNA laws represent an invasion of privacy, as they allow the state to hold genetic information on a database. In my opinion the opposite is true. A robust DNA regulatory framework actually protects privacy.
Here's why:
领英推荐
Overall, DNA laws can balance both individual rights and public interests, bolstering the rule of law and social justice. Here are a few benefits:
We ask Vanessa Lynch, if a country is thinking about passing DNA laws, where should they start?
I always say, start with drafting a DNA Policy and consider including some of the below key elements:?
1. Collection and use of DNA information: The policy should provide clear and specific information on the collection of DNA samples and how they will be used. It should state whether the DNA will be used for research or any other purposes.
2. Data storage and security: The policy should describe how DNA data will be stored, secured, and who will have access to it. It should also detail storage protocols that will be implemented to protect against unauthorized access or misuse.
3. Informed consent: The policy should ensure that individuals who volunteer their DNA samples have given their informed consent before their DNA is collected and used, which includes explanation of the purposes of the test, possible risks and benefits of testing, and data sharing.
4. Disclosure and protection of genetic information: There should be measures in place to protect the privacy of individuals' genetic information. The policy should describe how it will be kept confidential.
5. Responsible data use: The policy should outline ethical and legal requirements for using DNA information, including rigorous anonymization methods, non-discrimination, and compliance with data protection regulations and laws.?
6. Data sharing: The policy should state whether and on what conditions DNA information may be shared and should clearly define parameters for such sharing, including confidentiality, informed consent, and ethical obligations.?
7. Destruction of DNA samples: The policy should articulate a plan for the safe, secure and timely destruction of no longer needed DNA samples after the required period of time, or if individuals withdraw their consent.?
8. Stakeholder engagement: The policy should involve meaningful, public engagement with stakeholders and civil society throughout implementation, monitoring, and evaluation of the policy.?
9. Compliance and enforcement: The policy should include monitoring and compliance mechanisms to ensure implementation of ethical and legal guidelines, and consequences for non-compliance, including violations of security, confidentiality, non-discrimination or misuse.?
10. Transparency: A DNA policy should include transparency processes, for example, how information is collected, used, and shared, and how these processes are overseen and monitored. Regular and complete reporting on the policy’s implementation and outcomes should be made publicly available.
#DNACRUSADER OF THE WEEK: Dr Fekade Tesfaye, Ethiopia
Fekade Danaso is a Forensic Pathologist from Ethiopia who gives us his insight on this week's case:
What would you do in the case of a burn victim, when the cause is homicide (such as in the Thabo Bester case)?
Generally, when there is a case of suspicious death, it's the responsibility of the police of the respective region to bring the body to our morgue so we can conduct a medicolegal autopsy. Here in Ethiopia, there is no trend of visiting the crime scene for the forensic pathologist and this may mean contamination, loss of evidence, or maintaining the chain of custody of evidence.
When a burnt body arrives at our morgue, the forensic pathologist will do the necessary steps prior to the autopsy such as collecting history from the police about the circumstances of death, history from family members and if possible, request death scene photos. Thereafter we will conduct the autopsy which includes taking photos, trying to identify the identity with visual and other secondary belongings, scar, tattoos if unburnt, otherwise if the body is completely burnt or if there is a charred body there is no means to identify the deceased as we don’t have fingerprint or forensic odontologist or DNA profiling for the center.
Still the FP will try to give the opinion on the cause of death, antemortem or postmortem burn with a specific autopsy evidence that will suggest accordingly. With the recently launched Forensic DNA service, I think it’s unlikely to do DNA profiling for the above case unless the case is a high-profile homicide.
About me
I’m an enthusiastic forensic practitioner from Ethiopia. As part of my residency training in St. Paul’s Hospital Millennium Medical College, I performed Medicolegal autopsies, age estimations, sexual assault victim examinations and exhumations in various regions of Ethiopia. Currently I'm the Assistant Professor in Arba Minch University, where I lecture forensic chemistry and toxicology undergraduates. I’m also doing an advocacy work, lobbying for the setup of a forensic medicine and forensic science lab in Ethiopia.
Why I am into Forensic DNA
Well, always, I have been very curious about the current trend of forensic practice in Ethiopia, and I became closer to it when joining residency training. After having finished my residency, I still see a lot of limitations for the graduated practitioner to practice what they have learnt.
My future ambition is to see a well established Ethiopian National Forensic Laboratory, serving the people from every corner of the country and providing advanced forensic science laboratory services especially forensic DNA profiling. In this way we can avoid the conviction of the innocent and convict the guilty. There will be even more help from using DNA profiling by utilizing it in the humanitarian section where huge reports are coming from families who are missing loved ones and on war and disaster victims across the region.
My vision for Ethopia
I hope DNAforAFRICA , in collaboration with Ethiopian law enforcement agencies and medicolegal practitioner associations will contribute to providing support and technical assistance in order to expand the existing service and build more Forensic DNA facilities here.
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