The absence of DNA, fingerprint, or direct identification evidence linking an accused to a crime scene does not establish innocence or raise reasonable doubt where the circumstantial case is otherwise overwhelming. A controlled operation involving publication of a modified photograph of a suspect to precipitate incriminating telephone conversations is a legitimate use of the Law Enforcement (Controlled Operations) Act 1997 (NSW). A person who independently contacts a suspect after seeing a police media release is not thereby an 'agent of the State'.
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