The prosecution is obliged to call as witnesses the persons who actually carried out DNA testing procedures, not merely the supervising or interpreting experts, at least where objection is taken and no justification for their absence is shown. Failure to do so may result in exclusion of the DNA evidence under s 135 or s 137 of the Evidence Act 1995 (NSW) on the ground of unfair prejudice. The correct carrying out of DNA testing procedures should not normally be proved merely by evidence of the existence of procedures and the giving of instructions.
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