Forensic retesting reveals new murder case evidence

 

New evidence has emerged from a recent forensic retesting of the hammer involved in a murder case in Queensland, as disclosed in court. Andrew John Cobby, who received a life sentence in 2021 for the murder of his estranged wife, Gaylene Cobby, known as Kym, is seeking an appeal, maintaining his innocence despite being present during the attack. He claims the real assailant is unknown.

Cobby's appeal is centered on new evidence provided by Queensland forensic services after a review in 2022. A probe discovered shortcomings in Queensland's forensic lab's sample testing for several years. Consequently, the hammer used in Cobby's case was sent back to the Crown for further forensic examination in March.

In a recent Queensland Court of Appeal session, the Crown's barrister, Philip McCarthy, informed Justice Philip Morrison that retesting the hammer had produced fresh DNA results, particularly on the hammer claw. Initially, the tests showed no analyzable DNA, but the recent report states that it contains Gaylene Cobby's DNA.

Retesting was also conducted on the hammer's handle. While the initial examination showed no detectable DNA, the new report claims the analysis is too intricate to ascertain "in terms of the contributors." McCarthy stressed that this evidence remains consistent with the previous findings, not indicating whether Andrew Cobby or an unknown person had handled the hammer.

McCarthy pointed out that it's up to Cobby to argue how this new evidence might have affected the jury's original verdict. He highlighted the significance of the hammer's new findings, especially with the presence of Gaylene Cobby's DNA on the claw.

During the hearing, Cobby, representing himself via video link, mentioned having three new forensic reports as part of his appeal. These reports highlight significant alterations to the original trial's forensic results, arising from retesting conducted after the inquiry. Cobby highlighted over 21 forensic samples containing DNA from unidentified contributors and expressed concern about the removal of DNA profiles in the latest forensic report from July 2023.

The court is set to hear applications on September 14, with the appeal scheduled for mid-October.