have little idea of the case context of their work. Forensic Overview

Transcription

1 Keith Borer Consultants prepares over 2000 forensic reports each year for cases being heard throughout the UK, Ireland and further afield on occasion. The company employs all its experts directly and invests in continuous professional development for all staff. Detailed curriculum vitae for our experts can be found at Forensics in The provision of forensic science services to the prosecution has seen significant change over the last few years and this has affected what is disclosed to you as solicitors and barristers. Forensic supply to the prosecution is now fragmented between police in-house laboratories, which undertake initial testing of exhibits and decide what further forensic work needs to be purchased, and the private forensic suppliers which undertake analyses or examinations to meet the police instructions. This process, together with Streamlined Forensic Reporting, minimises the Crown s spending on forensic examinations, but increasingly relies on junior scientists who have little idea of the case context of their work. Forensic Overview Because of this, it is not uncommon for experienced forensic scientists instructed by the defence, such as Keith Borer Consultants Dr Duncan Woods, to be the only forensic expert at Court able to provide an insight into the overall evidential value of the various strands of forensic evidence being presented. Dr Woods has been with Keith Borer Consultants since its early days in the 1980s. He is a specialist in forensic biology, such as blood pattern analysis and sexual assault cases, and also has significant case experience in fibre transfer and footwear mark evidence. Dr Woods commented I have sympathy for young reporting officers who are not in a position to answer questions at court that a prosecution expert may have been able to in the past. These recent recruits are narrowly trained in one type of evidence, whereas the courts often need assistance with the significance of evidence, which requires wider forensic experience. This can be especially important in murder cases such as Sarah Payne and Stephen Lawrence where the value of one type of evidence relative to another may need explanation. Dr Woods can also advise on evidence prepared under the Streamlined Forensic Reporting (SFR) regime: its value and its limitations. The prosecution scientist is often limited to commenting on what evidence has been found and not how it may have got there. Duncan Colin Woods BSc, PhD, MCSFS, MEWI Dr Woods is Chief Scientist at Keith Borer Consultants. He is instructed in approximately 80 criminal cases each year including assaults, murders, sexual offences and other offences involving contact transfer evidence. He has given evidence throughout the UK and Ireland. Dr Woods also lectures to the legal profession on the use of forensic evidence and provides training seminars to barristers.

2 Blood Patterns, Body Fluids and DNA Analysis The last few years have seen a radical restructuring of forensic science provision within the UK. This has seen an exodus of experienced professionals to careers outside forensic science. Keith Borer Consultants is fortunate, therefore, to employ senior scientists whose wide-ranging knowledge of forensics could be invaluable to your case. Experience is especially important in cases where forensic evidence has been collected over a number of years and often by more than one prosecution provider. For example, in the recent trial and re-trial of Shahidul Ahmed for the murder of Rachel Manning in December 2000, Dr Helen Davey was tasked with examining forensic work undertaken at five prosecution laboratories over a 12 year period. As more sensitive tests were developed, samples were re-analysed. Establishing a chronology for the exhibits on which the prosecution were relying was essential. Dr Davey commented Understanding what happened to which exhibit in this complex case entering its fourth trial necessitated detailed scrutiny of around 7 crates of papers. As I was previously a senior scientist with the Forensic Science Service, I was fully conversant with how the case would have been handled over and above my knowledge of the documentation. Those who have instructed Dr Davey have said: Dr Davey produces very thorough reports to a very high standard Copleys Solicitors Dr Davey explained everything in ways we and the client could understand and was very helpful throughout Slee Blackwell Solicitors Dr Helen Davey BSc(Hons), PhD, MCSFS Dr Davey specialises in blood pattern analysis and complex DNA interpretations. She was the site lead for DNA issues at the Forensic Science Service Huntingdon laboratory. She has been involved in many complex and high profile cases including the Soham murders, the stabbing of Abigail Witchalls, the Lincoln Prison Mutiny and the murder of Danielle Jones. Blood Patterns at Scenes Dr Davey also has extensive experience of interpreting blood patterns at scenes. For the defence, this is increasingly undertaken by a thorough examination of photographs taken at the time. Earlier this year, Dr Davey prepared such a report in the case of DPP-v- Catherine O Connor, for the murder of Jonathan Duke in a flat near Cork, Ireland. The blood patterns visible in the scene photographs, together with my examination of exhibits recovered from the scene, enabled me to come to an opinion as to what was likely to have taken place. Sometimes blood patterns can be more complex; for example where there are overlying patterns or the patterns have been disturbed by subsequent activity. Hence, a visit to the scene, even if it has been cleaned, can significantly aid my evaluation of events.

3 Illegal Drugs & Toxicology Valuations for POCA applications The recoup versus penalty debate in relation to POCA applications continues unabated with divergent views being expressed from the judiciary. Our expert involvement in the explosion of POCA hearings is in the valuation of illegal drugs for the purposes of determining the likely benefit of the criminal conduct. KBC has compiled its own database of drug prices. This enables geographical price variations and changes in prices over time to be factored into our opinion. Mr Brown comments There are many strands of argument to be taken into consideration including purity, bulk purchase discounts and condition and nature of packaging on seizure. It is common to see only street values applied by the prosecution, even where the use of these may not be justified. In large-scale cases involving powdered drugs, the purity is often a very significant issue with the prosecution adopting unfair or incorrect methods for assessing the likely benefit. In cannabis cultivation cases, we also see the potential yield from immature or unviable plants being used to derive a benefit figure. Sarah Morley BSc(Hons), MSc Richard Brown BSc(Hons) Mrs Morley and Mr Brown each have over 10 years of experience as expert witnesses in illegal drugs and toxicology matters including alcohol technical defence. Their background is in pharmacology. Both Mrs Morley and Mr Brown regularly advise and give evidence in Magistrates and Crown Courts. Reasons customers give for using Mrs Morley and Mr Brown: We have done so [instructed KBC] for years and the standard is always high Mr Brown attended at Court and was very helpful and knowledgeable Mrs Morley and Mr Brown have extensive experience of hundreds of cases involving drug valuations and patterns of drug use. They have advised in a wide range of cases from enthusiastic amateurs to those involved in large-scale organised crime syndicates. Cannabis Bush Buds Drug Driving Offences In March 2014, the Government moved a step further in its ambition to introduce legislation with respect to drug-driving cases. It published recommended limits for 16 drugs, with the intention that it will be an offence to be driving whilst over the prescribed limits. Blood samples will be analysed for the concentration of the drugs listed. Currently there are no limits for drugs in the body. KBC s experts advise on the roadside and custody accounts of the police and the results of the medical examination and field impairment tests. When the new offences are introduced, KBC experts will be available to advice on the scientific aspects for the defence.

4 Cell Site Analysis The principle of cell site analysis evidence is straight forward: - was a particular mobile phone used within a specific geographical area at a known date and time? Cell site cases involve vast amounts of data which need to be analysed. Unfortunately, there is yet to be an agreed way of presenting this type of evidence in Court and its significance can be overstated. KBC provides expertise for barristers and solicitors in four main areas of cell site evidence: Data sampling to check the accuracy of the prosecution evidence Data manipulation to evaluate the prosecution evidence Data presentation and report preparation to summarise what the cell site evidence means within the context of the case In-house research to test assumptions made within the prosecution evidence. One of KBC s experts, Thomas Marryat comments: We can help solicitors ensure the appropriate request to obtain data is made to the network operating companies. Then, if this can be sent to us electronically, we can manipulate the data using computing tools to speed up the process of finding inconsistencies in it, saving time and money. As police budgets are cut, it is becoming more frequent to see police intelligence analysts undertaking work which previously would have been undertaken by an expert. Their reports are often presented with no opinion, and frequently lacking in essential details such as the direction each cell faces. This can make the difference between the cell apparently supporting the prosecution case and being irrelevant to their argument. Traditionally cell site evidence was often encountered in serious cases such as murder or drugs importation; however, it is increasingly being used for less serious offences including car thefts and assaults. KBC can help you obtain the data, then test and evaluate the cell site evidence. Thomas Marryat BSc(Hons), MBCS, MIET Mr Marryat has a Bachelor of Science with Honours in Software Engineering from the University of Durham. He joined Keith Borer Consultants in 2007 as a digital device specialist. He prepares approximately reports each year, predominantly in cases involving telecommunications evidence for use in criminal matters throughout the UK and Ireland. He has also advised at military, prison and family hearings.

5 Fingerprints Mrs Tweedy and her support staff have provided what can only be described as an outstanding service Michael Finucane Solicitors Although fingerprints have been used in criminal cases for many years it is perhaps surprising that the reliability of this type of evidence has come under renewed scrutiny recently. The publication of the report from the Scottish Fingerprint Inquiry into the Shirley McKie case coincided with the Court of Appeal judgment in R -v- Smith, one of the few cases seen in the Court of Appeal where the basis for identification was challenged. The Scottish Fingerprint Inquiry made key recommendations regarding the preparation of fingerprint evidence, which UK fingerprint bureaux are yet to fully implement. The inquiry also made clear its view that fingerprint identification evidence was to be considered expert opinion, not a matter of fact. These developments have also looked to the USA where the US Department of Justice has instituted significant recommendations regarding the preparation and evaluation of fingerprint evidence, following the FBI s misidentification of Brandon Mayfield as the Madrid train bomber. This has got the forensic community wondering how many other errors in fingerprint identification have been made. KBC s forensic approach to fingerprints Keith Borer Consultants takes a broader forensic science approach to fingerprint evidence than most. We examine the comparison of recovered fingerprints with reference forms, the provenance of recovered marks and the circumstances in which an object may have been touched or handled. This is a distinctly different approach to Catherine Tweedy BSc(Hons), MIBMS, CBiol, MSB Simon Bunter BSc(Hons), FFS Mrs Tweedy and Mr Bunter each have over 15 years experience as fingerprint specialists. They have undertaken training in the UK and in the USA and successfully participate in UK fingerprint comparison proficiency tests. Both Mrs Tweedy and Mr Bunter undertake research into aspects of fingerprint evidence. They regularly give presentations to barristers and solicitors on fingerprint evidence. prosecution fingerprint work, which is primarily concerned with print identification. Persistence of fingerprints It is a common misconception that fingerprint marks must have been placed recently if they can be recovered readily by dusting with fingerprint powder. Assumptions are made perhaps based on the cleaning regime at home, but without taking into consideration how the fingerprint was made or what in. KBC s casework has included marks in paint, adhesives, soap, food grease and blood. The persistence of a mark will depend on environmental conditions and KBC s own research has provided some surprising longevity results.

6 Forensic Computing Providing useful expert evidence in cases involving computers or other digital storage devices requires experts to have a high level of technical skill and an ability to explain their work to the jury. Although most people use digital devices on a daily basis, how they work is another matter. KBC s Ross Donnelly has established a reputation for his clear explanations of technical computing issues, including to the judiciary on occasions. In cases involving indecent images of children, the assessment of how a computer has been used is the domain of the defence expert. This is in marked contrast with prosecution experts, who often only ascertain what is on the hard drive, not how it came to be there. Mr Donnelly has also been involved in cases where the interpretation of the law has been tested; for example, is a service provider distributing content when they provide access to material even though they aren t hosting it themselves? Ross Donnelly BSc(Hons), MCITP, MCTS, MBCS Mr Donnelly has a Bachelor of Science degree with First Class Honours in Computer Science from the University of Northumbria. He joined Keith Borer Consultants in 2008 as a Digital Forensic Investigator and IT Manager. He specialises in the forensic examination of computer equipment, with particular experience in cases involving social networking sites (such as Facebook) and indecent images of children, including classifying and establishing the provenance of such images. I found Ross Donnelly excellent to work with McKenzies Solicitors Social Media The widespread use of social media such as Facebook, Twitter, LinkedIn, and Google+ has led to their growing use as evidence in court proceedings. Data sources which can be used to investigate the provenance of evidence obtained from social media includes: Live accounts present on the websites Records produced by the provider such as Facebook Digital devices used to access the account, such as computers or mobile telephones. By its nature social media data storage can be very transient; it can take a high level of skill to locate, reconstruct and interpret. Part of the evidence in a recent murder case was based on internet searches for the word garrotting. This was being used to allege premeditation which was denied by the defendant. Through his investigative work, Mr Donnelly was able to demonstrate the context of the internet search was part of a continuous light-hearted Facebook chat, rather than separate and unconnected searches.

7 Handwriting Comparison Our handwriting is a combination of characteristics taught to us and those which we develop independent of the taught style. It is the personal characteristics that allow an individual to be linked to a piece of writing with a high degree of discrimination. Handwriting comparison features in criminal, civil and family cases, where it is often the only source of evidence. The comparison consists of a systematic visual and/or microscopic comparison of reference handwriting with that in the questioned document. KBC s handwriting expert Mrs Allan comments: The strength of handwriting evidence depends critically on how distinctive the questioned handwriting is, the quantity of questioned handwriting, the volume and suitability of the specimen writing and the legibility of all documents. We can provide advice on the collection of specimen handwriting and also suggest possible sources of samples from everyday activity. Dorothy Allan BSc(Hons), MCSFS Dorothy has many years of experience in handwriting comparison and forensic chemistry. She joined KBC in 2012, having previously been with the Forensic Science Service for 25 years. She specialises in handwriting analysis including an assessment of signatures, and cases involving trace and mark evidence. These cases include glass, footwear marks, fibres and paint evidence. Have used your services for many things previously, particularly handwriting analysis. McGregors Solicitors Your report was very detailed and it was most helpful in this case. Murphy & McManus Signatures Despite the growth of chip and pin technology in the financial industry, signatures continue to be used in many types of transactions and official forms. Mrs Allan s recent cases involving signature comparisons have included mortgage documents, benefit forms, service contracts, lottery grant forms, tenancy agreement forms and wills. In signature examination, the distinctive features in terms of construction, shape, proportions and fluency in specimen and questioned signatures are assessed and compared. It is especially important that the specimen signatures encompass the natural variation of the signature.

8 Road Incident Investigation Jim Keenan is known at Keith Borer Consultants as the expert who most relishes his appearances in court. He leads the road traffic incident investigation team at KBC whose services are sought in civil, criminal and employment matters. It is Mr Keenan s clarity of thought and presentation, especially in multi-handed cases, that has earned him many commendations. The report(s) were excellent and Mr Keenan was extremely helpful at all times. We will certainly be recommending him to other firms. Linskills Solicitors Fabulous, clear concise report; instrumental in our client s acquittal Motoring offences Peace Revitt Solicitors In response to the demands of public opinion, we have seen the recent introduction of new motoring offences such as death by careless driving, and causing serious injury by dangerous driving. The outcome of the criminal case can have a direct bearing on any subsequent civil proceedings. For example, in cases of serious injury, the criminal court will have already expressed its view on whether the injury was serious. In careless driving offences, which can carry sentences of up to five years imprisonment, it can be difficult to demonstrate that the defendant was not driving carelessly, even if only for a very short period of time. Mitigation is, however, of considerable importance, especially to those for whom a momentary lapse in judgment has brought them into the justice process for the first time. Lines of sight and conspicuity In many of the cases, civil and criminal, in which KBC s team of investigators is instructed, lines of sight and conspicuity can be key issues. In these cases, scene visits are critical to form opinion and evaluate evidence received from police reports or eye witnesses. Conspicuity links to reaction time and the determination of this presages accurate reconstruction of an incident. The team also carry out their own research and participate in tests undertaken with the Institute of Traffic Accident Investigators. Crash research at ITAI workshop James Keenan LCGI, MITAI Mr Keenan has been a road accident investigator since 1992, first with Merseyside Police and subsequently Keith Borer Consultants. He has been a key driver in setting standards nationally for collision investigation. He is a former chairman of the Institute of Traffic Accident Investigators and continues to be a Grades Assessor for the Institute. Mr Keenan has also participated in the training of barristers and their use of expert evidence. He gives technical presentations on aspects of accident reconstruction, incident data records and automatic vehicle location systems.