In the case of Victor Nealon , the appellant can show that the DNA on the complainants clothing relates to an unknown male and not him . Yet despite this the Crown declined to assist the defence by carrying out a DNA Search to identify the unknown male . Bearing in mind the Crown also know Mr Nealon could not have had a bump on the day of the offence – the identification evidence , one might ask why wouldn’t the Crown want to help identify the possible real culprit for this offence .
This raises the considerable public concern of whether it can be right for the Police to be able to collect DNA samples at will but then not use those samples to assist in miscarriage of justice cases when there is clear evidence that they should act .It might be said therefore that there should arguably be an obligation placed upon the Crown to carry out such searches in any case where forensic
evidence identifies that another DNA profile may be the source of DNA material .Arguably in Nealon case there is a man whose DNA can be linked to the clothing who is the person responsible , it would be very interesting if he had a bump to his head or had such a feature at the relevant time .