DNA sampling in South Australia
To Mr Atkinson.
I thank you for taking my call last night on radio 5AA, I appreciate your comments and referral. But I must say, I do believe
that I was misrepresented when it was implied that other serious criminal activity must have occurred. This certainly was
not the case. I can also assure you that I have checked the legislation myself and I see no provision for the individual to conduct
the sample themself. It certainly was not an alternative on the night. I understand your explanation with regards to voluntarily
providing a sample; but in a hostile environment with no opportunity to seek assistance it is a VERY frightening experience.
Others well meaning citizens in the same situation whom do not have the chance to 'consider' I think would react the same.
The purpose of my call last night was not to question the ethics involved, but to voice my opinion on the procedure. South Australians
should have the right to know that this too can happen to them, very easily and with no checks or balances. On request I was not
told of the officers rank, the visual recording would show nothing, there was no privacy, and it was done in a store room !!.(not to mention
the physical injuries).
I will take your advise and seek legal opinion.
Netley Police Station-A female officer returned to the room she was caring another ‘kit’ all sealed in plastic bag. She began to explain that I would be required to submit to a DNA sample and that if I were to refuse they were able to use reasonable force to collect this sample. I voiced my disbelief in this being required and was asked again if I understood what she was saying. I said no. It was repeated again and a form was placed in front of me to read. The officer asked if I was ethically apposed and I stated that it was none of her business and I had not had the time to think about it and said that I would call a friend that could offer advice.
Given that by this time it was early morning it was difficult to get hold of the 2x friends I was trying, but finally on second or third attempt managed to get hold of friend in Canberra. The officers were still at this point pushing the issue of my understanding and made the comment that it would be difficult for me to get hold of a lawyer at this time of the morning. I said that was fine and said that I would not give up as I believed I had the right to seek assistance. I was obvious they were getting frustrated with my disbelief and delay at re-explaining what they were requesting to my friend. We were also then interrupted and had to move rooms as somebody else was coming into the interview room (this was an off duty officer and not another memeber of the public). I was escorted to a store room with a large white bench and a compactus. Other officers were coming and going from the room including the second male that conducted the breath test. My friend on the other end of the line later reaffirmed that she could hear how the situation was escalating and I was becoming more upset. I was forced by the length of the room and awkwardness into the back corner of the room. I continued to explain both to my friend on the phone and to everyone in the room that as I kept maintaining, it was not a question of their ability to enact the procedure but that I did not want them to touch me or put anything inside my mouth. The male officer was telling me I had no choice and force would be used. I debated the appearance of the form which suggested by the way that it was written that if swab or finger prick were not to be used the alternative was finger print. I agreed that I was happy to provide that but did not enjoy touching even close family and friends and was feeling very uncomfortable in the room with so many people, door open, knowledge of someone next door and the drama they seemed to deliberately trying to create. My friend on the phone was trying to get hold of our mutual friend who is a lawyer and this was obvious to every one in the room (6 people at this point). I was told I was taking too long on the phone again by the male officer. I asked if I could have all their names and ranks. They would not respond, only the first female who said she was Police Constable. I told this to my friend on the phone just before it was snatched out of my hand by the male and as he attempted to twist it to snap. I said I just want the phone or someone here. All the officers were then around me with gloves on and I stated that at least the video camera could be lifted from the bench so the situation was on tape. Other officers moved in front of the camera blocking it from view even more... My arms were restrained behind me. My head was held back. Knees were in my back and all grips were getting very tight. I protested very quickly as I did not want to open my mouth. Somebody had my nose and the first swab went in and I bit it. I believe it was the female that was trying to force her finger into my mouth or pull my cheek out to try and put in another swab. This was successful. They released me and I tried to reach for my phone to see if it was still connected to my friend. I was pushed from the room all the while I was saying that I would walk but they refused and told me to walk properly when I was, it was just difficult given the way that they were holding me and pushing into my back. The gates were opened and I was pushed towards the footpath with one of their legs attempting to trip me from my left side (perhaps the sore knee). My phone was thrown back at me.


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