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Forensic Science in Ghana: a Review

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Forensic Science in Ghana: a Review Forensic Science International: Synergy 1 (2019) 151e160 Contents lists available at ScienceDirect Forensic Science International: Synergy journal homepage: https://www.journals.elsevier.com/ forensic-science-international-synergy/ Forensic science in Ghana: A review * Aaron O. Amankwaa a, , Emmanuel Nsiah Amoako a, Dan Osei Mensah Bonsu b, c, ** Moses Banyeh d, a Science & Justice RIG, School of Law, Northumbria University, Newcastle Upon Tyne, UK b Forensics Research Group, Australian Centre for Ancient DNA (ACAD), University of Adelaide, Adelaide, Australia c Department of Forensic Sciences, University of Cape Coast, Cape Coast, Ghana d Department of Biomedical Laboratory Science, University for Development Studies, Tamale, Ghana article info abstract Article history: The use of forensic science continues to grow across the world. In Ghana, major advancements took off in Received 8 July 2019 2011, including the introduction of modern DNA profiling and the establishment of an automated Received in revised form fingerprint identification system. These developments have led to some positive impacts on the delivery 22 July 2019 of justice, including the exoneration of a wrongly incarcerated individual. However, a review of the Accepted 23 July 2019 policy-related aspects of forensic science shows gaps in legislation, governance, service provision, quality Available online 30 July 2019 assurance and accreditation, education and research. An important recommendation to improve forensic science in Ghana is the creation of a “national policy strategy”, a blueprint informed by relevant Keywords: fi Forensic science stakeholders, best practice from other countries and the status of the eld. Resolutions to the policy fi Policy issues identi ed in this review will ensure a more robust application of forensic science in delivering safe Legislation justice and enhancing public security. Governance © 2019 The Author(s). Published by Elsevier B.V. This is an open access article under the CC BY-NC-ND Impact license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Education Ghana 1. Introduction within the legal system [1]. Forensic science uses several scientific, technological and tech- Forensic science is the application of science in answering nical applications. The most common of these are fingerprint and questions of legal importance. It is an interdisciplinary field finger-mark analysis, DNA testing, firearm and tool mark exami- comprising different subject areas, actors and organisations across nation, drugs and toxicological analysis, and forensic pathological scientific and legal disciplines. Devoted to the administration of analysis. Modern or new forensic science applications include facial safe justice, forensic science plays a crucial role in the criminal comparison, video and audio analysis, digital forensics and new justice system (CJS). It can assist law enforcement authorities and technologies that improve upon the traditional forensic applica- the courts in the resolution of crime by facilitating the identifica- tions. Efforts to consolidate the benefits of forensic science have tion and apprehension of crime perpetrators. The use of forensic improved globally [2], with an increasing trend in cross-border science involves a wide array of activities ranging from crime scene collaborations through the transnational exchange of forensic evidence gathering, developing investigative strategies, generating data [3]. However, harnessing the capabilities of forensic science investigative leads through different lines of inquiry, and the pro- comes with the costs of establishing laboratories, training cessing of evidential materials that are of probative value in a personnel, and developing appropriate policies and systems for relevant case. The different dimensions in which forensic science quality control and assurance. These costs, inevitably, present dif- can be used present several complexities that impact its value ficulties in pursuing forensic science and its usage may be limited to the availability of sufficient funds [4]. This may be more pro- nounced in developing countries. The use of forensic science is recognised in Ghana’s adversarial * Corresponding author. ** Corresponding author. criminal justice and civil systems. The Forensic Science Laboratory E-mail addresses: [email protected] (A.O. Amankwaa), (FSL), a division under the Criminal Investigation Department (CID) [email protected] (E. Nsiah Amoako), danoseimensah. of the Ghana Police Service (GPS), serves as the main provider of [email protected] (D.O. Mensah Bonsu), [email protected] (M. Banyeh). https://doi.org/10.1016/j.fsisyn.2019.07.008 2589-871X/© 2019 The Author(s). Published by Elsevier B.V. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/ ). 152 A.O. Amankwaa et al. / Forensic Science International: Synergy 1 (2019) 151e160 forensic science services to law enforcement agencies across the 2. Forensic science legislation country. With a history since 1948, the FSL has grown both in infrastructure and scope of forensic science capabilities [5]. In 2011, The investigative and intelligence function of law enforcement the FSL was refurbished under the European Union e Ghana Police agencies is established by law. In Ghana, the supreme law from Project flagship programme with a £3 million funding [6]. The which law enforcement agencies derive their powers is the 1992 scope of services provided by the laboratory are covered under the Constitution [15]. This provides the scope of their powers to sections of Chemistry and Drug Analysis, Ballistic and Firearms, investigate crime and the basic rights of individuals under inves- Document Examination, Photography, and DNA analysis [5]. The tigation and/or prosecution. Chapter 5 of the Constitution defines FSL aims to provide quality scientific analysis to private and public the fundamental human rights and freedoms of individuals. Two institutions in Ghana and other neighbouring countries in the sub- principal rights linked to the investigation of crime are Articles 18 Saharan region, as well as to strengthen criminal investigations and 19, which cover the right to privacy of individuals and the right with timely and cost-effective services [6]. to a fair hearing, respectively. Article 18 (2) upholds the principle of There is currently limited information about the technical proportionality and necessity in any interference with the right to operation and performance of the FSL in the public domain. A re- privacy. This restricts the powers of law enforcement agencies and view of information from several media sources suggests that the other authorities in the collection, retention and use of investiga- FSL may be functioning below its capacity. For instance, the refur- tive material and/or information from individuals (For example, see bishment of the laboratory in 2011 was regarded as a step forward Cubagee v Asare and Others 2018 [16]). Article 19 encompasses the in obtaining and maintaining international accreditation [7]. “fair” management and disclosure of evidence in criminal cases, Notwithstanding, this milestone has not been achieved and the which can have an impact on the actual hearing by a court. In effect, forensic science field is challenged with a limited number of the processing and use of evidence, including forensic evidence, qualified experts [8] and frequent media reports of tampered evi- must be legal, legitimate, proportionate, necessary and transparent. dence [9]. The root cause of the challenges in forensic science In addition to the Constitution, there is specific legislation that provision is complex and overlaps in areas of funding and re- layout the powers of law enforcement agencies in gathering evi- sources, management and governance, and policy, which imply a dence or information during investigations and the admissibility of low-priority status for forensic science in Ghana. evidence. The Criminal and Other Offences (Procedures) Act 1960 Characteristic of other developing countries, crimes such as (Act 30) details the procedures for arrest and detention, treatment trafficking of illicit drugs, armed robbery, kidnappings, sexual and of suspected individuals, and search and seizure of evidence [17]. violent offences, cybercrime and arson-linked fire outbreaks are The Act allows the police to search and recover any items on an not uncommon in Ghana. These crimes presuppose the need for arrested person or premises that may be material to a suspected or integration of varied innovative forms of crime-solving capabilities alleged offence. In the case of arrestees, the law prohibits the ex- into traditional policing operations. Whilst the police continue to amination of the private person by officers (section 8). Act 30 also receive support in areas of traditional policing [10], capacity specifies the regulation of information or evidence that may be building in forensic science is low. This may partly be due to an used at trial including scientific reports (section 121). The law inadequate appreciation of forensic science as the police rely generally allows the courts to only admit into evidence the reports mainly on public intelligence, tip-offs and witness/suspect in- or testimony of “Scientific Analysts” recognised by the Minister for terrogations during criminal investigations. The effects of these are Justice by “notification published in the Gazette”. evident, with a lack of professionalism in physical/forensic
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