Expanded double jeopardy laws are set to be tested for the first time after prosecutors sought to retry a man acquitted of rape following a DNA lab debacle.
Queensland's Director of Public Prosecutions has lodged a Court of Appeal application, claiming new DNA evidence had been uncovered after forensic retesting.
Tens of thousands of samples have had to be revisited after scandal engulfed Queensland's forensic system, raising doubts about past convictions and whether some offenders were left on the streets.
Back-to-back inquiries exposed massive DNA backlogs, botched testing thresholds and fears crucial evidence was missed or delayed in serious crime cases.
The Director of Public Prosecutions lodged the application with the Court of Appeal on Thursday, his office confirmed.
It was seeking to overturn the acquittal of a man previously tried for rape in Townsville District Court, a spokesperson said.
