Guernsey-born human rights lawyer Peter Mahy was one of a team arguing a case over retention of DNA at the European Court of Human Rights. (Picture by Adrian Miller, 0520617)
A GUERNSEYMAN took a landmark legal challenge to the highest level of the European Court of Human Rights in Strasbourg yesterday.
Solicitor and civil liberties specialist Peter Mahy, 36, a former Grammar School pupil, has been pursuing two cases in the Grand Chamber that will determine whether fingerprints and DNA samples taken from people who have been acquitted of crimes can be kept by police.
They are being billed as one of the most important human rights cases. There has been strong national and international media interest in the case, which began just days after high-profile murder cases in the UK involving Steve Wright, who killed five prostitutes, and Levi Bellfield, who bludgeoned to death two women.
Both were solved due to DNA matches taken after unrelated offences.
Two lawyers, including Mr Mahy, representing two British citizens cleared of crimes have asked the court to order their DNA samples to be destroyed.
‘Over recent days, some people have been calling for a DNA database of all UK citizens,’ said Mr Mahy last night.
‘The UK Government has said that they do not support that.
‘We are delighted to have had the opportunity today to argue before the Grand Chamber of the European Court of Human Rights that the DNA of innocent people should be destroyed,’ he said.
The case, which could lead to changes in British criminal law, involves a 19-year-old man, identified only as S, charged as an 11-year-old in 2001 and acquitted, and 45-year-old Michael Marper, charged with harassing his partner the same year with charges later being dropped.
Fingerprints and DNA samples taken from both plaintiffs continue to be stored, even though criminal proceedings against them were closed.
Both have asked for them to be destroyed, but the House of Lords has thrown out the requests.
‘We will have to wait for the judgement and it is likely to be the most important case on the human rights implications of retaining biometric data and probably one of the most important of all time.
‘The ECHR will now decide if the current system of retaining DNA from innocent people in the UK is lawful,’ said Mr Mahy.
Britain’s DNA database, which holds about 4.5 million samples taken during criminal inquiries, is the largest in the world.
People remain on it for life, even if not prosecuted.
‘The trend advocated by the UK Government has, up until now, not been followed by other countries around the world,’ Mr Mahy told the court.
A verdict is not expected for several months.
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