What is the test for determining the sufficiency of DNA evidence in a motion for extradition to the US?
Ontario, Canada
The following excerpt is from United States of America v. Go, 2008 CanLII 38267 (ON SC):
A showing of manifest unreliability of the DNA evidence alone would not change the sufficiency of the case: United States of America v. Mach, [2006] O.J. No. 3204, (S.C.), at para. 16. In order for the applicant to show that the requesting state’s case was so weak as to not justify extradition, in my view, there would have to be a substantial doubt about the reliability of both the palm print evidence and the DNA evidence. While that is perhaps possible, given what I consider to be the very powerful similar act evidence, respecting which the applicant already stands convicted in California, the possibility that not just the one type of forensic evidence, but, rather, both types could be shown to be so unreliable as to not warrant extradition is very remote indeed. - 9 - Result
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