Prisoner wants DNA samples destroyed

A prisoner wants police to destroy DNA samples he claims were wrongly obtained.

Arthur William Taylor, 48, appeared in the High Court at Wellington yesterday amid heavy security, claiming the proper processes were not followed when he was forced to provide a DNA sample.

The sample was taken from Taylor under laws allowing samples to be taken from some convicted criminals.

His lawyer Mark Lillico said the law required compulsory orders to be served as soon as reasonably practical after an offender was convicted.

But the order forcing Taylor to provide DNA was not served until four months after he was convicted for theft, even though police knew where he was living.

Taylor's sample had not been matched to any other crimes.

Police should not be allowed to keep the sample for future use because it was not collected lawfully, Mr Lillico said.

Crown lawyer Austin Powell said that when the sample was taken, police believed the order was valid.

Their actions in taking the sample were therefore lawful and they should be allowed to keep it.

Justice Ronald Young reserved his decision.

Taylor is on remand in prison after allegedly escaping the custody of Corrections Department prison guards who were escorting him to an appointment in central Wellington on March 22.

- NZPA