MURDER-ACCUSED Jesse Green has been ordered to take a DNA test in Tamworth Local Court on Thursday.
A NSW Police forensic officer was on standby to witness Green’s non-intimate buccal swap, a way to collect DNA from the inside of the cheek, once Magistrate Julie Soars gave the order.
Detectives allege Green, 27, attended the home of victim, young mother Teah Rose Luckwell on March 28.
Her body was later found by a neighbour and reported to police, Green has remained in custody since his arrest on April 5.
“It is accepted that Mr Green is an incapable person due to mental illness, I can order the procedure under the balance of probabilities that there are reasonable grounds to believe the suspect has committed an offence,” Magistrate Soars said.
“In essence a fresh buccal swab is sought for comparison against the exhibits of the subject of the investigation in circumstances where it appears there has already been a DNA connection made.
“Obviously the offence of murder carries a life sentence and is serious.”
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The prior DNA cannot be used in the murder charge proceedings, the court heard.
Public defender Stuart Bouveng told the court Green is an incapable person due to mental illness.
“I’m instructed by Mr Green’s solicitor but our position is that we cannot consent on his behalf,” he said.
Green’s mental health issues, age and Aboriginal identification were taken into account, the court heard.
Magistrate Soars said she was satisfied there was no other practical means of getting the evidence.
“The serious circumstance of the offence includes an allegation that the respondent attended the home of the victim in the early hours of the morning, the degree to which the suspect participated its alleged he was actively involved in the offence,” she said.
Obviously the offence of murder carries a life sentence and is serious.Magistrate Julie Soars
“A final order is made authorising NSW police to carry out a non-intimate forensic procedure being a self-administered buccal swab.”
Members of the late Ms Luckwell’s family were present in court for the order.