There is something "seriously wrong" with the way the NSW Police Force investigates unsolved homicides and public confidence in the force should be questioned, an inquiry has been told.
A series of damning blunders and delays including exhibits lost, a failure to test key evidence, a lack of forensic testing and the mismanagement of evidence has stymied a weeks-long inquiry into multiple unsolved murders.
Several scheduled cases including that of former AC/DC manager Crispin Dye have been thrown into disarray with many now unable to go ahead.
Commissioner, Supreme Court Justice John Sackar, wondered out loud on Thursday whether it was just police "ineptitude" as to why crucial documents and evidence requested 13 months ago were only delivered to the inquiry the day before.
The inquiry previously heard victims' blood-stained clothing was never sent for forensic analysis, while other exhibits languished untouched in evidence boxes for decades or were simply lost.
Thursday's hearing examining the murder of Robert Malcolm, found bleeding from the head and with his pants down near his ankles more than 30 years ago, was also adjourned after an additional 1827 documents were "suddenly produced" the afternoon before.
"The crux of the problem is that large numbers of documents held by the police which should have been produced to the inquiry in answer to summonses many months ago, for the most part by mid last year, have been produced only very belatedly and only after repeated efforts by the inquiry," counsel assisting Peter Gray SC told the court.
Multiple cases have had to be rescheduled "at the eleventh hour" forcing lawyers and other staff to work through the night.
"There is something seriously wrong with the way that cases and exhibits are managed by the NSW Police Force and by the unsolved homicide team within the NSW Police Force," Mr Gray said.
The senior counsel alleged NSW Police store archived records haphazardly, in multiple locations and in no labelled or consistent way, describing the mismanagement as "a real concern to the community".
Justice Sacker simply described the series of events as "extraordinary".
"It's intolerable and it's unprofessional," he said.
"For me to be told by letter as belatedly as the last day or two about the number of possible repositories where documents might exist is chilling.
"Why couldn't all of those repositories have been determined in April, May, June or July of last year?
"Is that a lack of imagination? Was it a lack of curiosity or is it just plain ineptitude?"
Justice Sacker said the problem has "not only undermined the nature and the work of this inquiry" but also shed a damning spotlight on the internal record keeping of the police force.
"How can any member of the public in NSW be confident that unsolved homicides can be looked at if need be if you have no idea where the documents might be in relation to each and every case?" he asked.
Justice Sacker made a formal order for a senior member of the NSW Police Force to answer the questioned raised during Thursday's hearing.
The Special Commission of Inquiry into LGBTQI hate crimes has been examining various deaths that took place between 1970 and 2010.
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