A Cook Islands lawyer says the use of DNA evidence could speed up the resolution of disputes over land ownership.
Last week, DNA results were read out in the Cook Islands Land Court in the hearing of a claim over native freehold lands.
The Cook Islands News reports that it's the first time DNA testing was brought before the court.
The lawyer representing the claimants in the case, Tina Browne, told Mackenzie Smith the tests are more reliable than using witnesses.
Photo: 123rf
Transcript
TINA BROWNE: It's useful to have that sort of evidence that shortcuts the dealing with evidence of many people who in our society in the Cook Islands did not have their father as noted on their birth certificate for whatever reason. And normally you go through giving evidence and most of it is hearsay. But now that you have DNA available, then I think that's probably the best evidence.
MACKENZIE SMITH Smith: There's quite a lot of these cases constantly going through the courts in the Cook Islands. Do they do they tend to be quite contentious?
TB: Yes, normally they do, particularly when it comes to land. People are not willing to come forward and affirm or confirm parenthood of any child and some do, but most don't. So with people who, their father is not shown on birth certificates, it then becomes a real problem for them.
MS: There's been some opposition to the use of data and some saying that it's not really in line with the current laws in the Cook Islands. What do you say to that?
TB: I disagree. There is no law in the Cook Islands that prohibits DNA. As I said, it's a matter of evidence. And there's two sides to the coin. One, the DNA can establish that so and so is not the father of so and so. Or they could establish that so and so is most likely the father of so and so.
MS: Would you like to see more DNA evidence used, or maybe even more precedence given, to the use of it in these sorts of trials?
TB: For me personally, I see no reason why it can't be part of the evidence to establish maternity for anyone.
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