have little idea of the case context of their Dr Woods can also advise on work. prepared under the Streamlined Forensic Reporting (SFR) regime: its value and its Forensic Overview limitations. The prosecution scientist is often

limited to commenting on what evidence has Because of this, it is not uncommon for Keith Borer Consultants prepares over 2000 been found and not how it may have got experienced forensic scientists instructed by forensic reports each year for cases being there. the defence, such as Keith Borer Consultants’ heard throughout the UK, Ireland and further Dr Duncan Woods, to be the only forensic afield on occasion. The company employs all expert at Court able to provide an insight into its experts directly and invests in continuous the overall evidential value of the various professional development for all staff. Duncan Colin Woods strands of forensic evidence being presented. Detailed curriculum vitae for our experts can BSc, PhD, MCSFS, MEWI Dr Woods has been with Keith Borer be found at www.keithborer.co.uk . Consultants since its early days in the 1980s. Dr Woods is Chief Scientist at Keith He is a specialist in forensic biology, such as Borer Consultants. He is instructed Forensics in 2010-2020 in approximately 80 criminal cases blood pattern analysis and sexual each year including , The provision of services to cases, and also has significant case experience , sexual offences and other the prosecution has seen significant change in fibre transfer and footwear mark evidence. offences involving contact transfer over the last few years and this has affected Dr Woods commented “ have sympathy for evidence. He has given evidence what is disclosed to you as solicitors and throughout the UK and Ireland. barristers. Forensic supply to the prosecution young reporting officers who are not in a position to answer questions at court that a is now fragmented between police in-house Dr Woods also lectures to the legal laboratories, which undertake initial testing of prosecution expert may have been able to in profession on the use of forensic exhibits and decide what further forensic work the past. These recent recruits are narrowly evidence and provides training needs to be purchased, and the private trained in one type of evidence, whereas the seminars to barristers. forensic suppliers which undertake analyses or courts often need assistance with the examinations to meet the police instructions. significance of evidence, which requires wider This process, together with Streamlined forensic experience. This can be especially Forensic Reporting, minimises the Crown’s important in cases such as Sarah spending on forensic examinations, but Payne and Stephen Lawrence where the value increasingly relies on junior scientists who of one type of evidence relative to another may need explanation.” Blood Patterns, Body Fluids Forensic Science Service, I was fully and DNA Analysis conversant with how the case would have been handled over and above my knowledge The last few years have seen a radical of the documentation.” restructuring of forensic science provision Those who have instructed Dr Davey have within the UK. This has seen an exodus of said: experienced professionals to careers outside forensic science. Keith Borer Consultants is ‘Dr Davey produces very thorough reports to a fortunate, therefore, to employ senior very high standard’ Copleys Solicitors scientists whose wide-ranging knowledge of forensics could be invaluable to your case. ‘Dr Davey explained everything in ways we Blood Patterns at Scenes and the client could understand and was very Experience is especially important in cases helpful throughout’ Slee Blackwell Solicitors Dr Davey also has extensive experience of where forensic evidence has been collected interpreting blood patterns at scenes. For the over a number of years and often by more defence, this is increasingly undertaken by a than one prosecution provider. For example, thorough examination of photographs taken in the recent trial and re-trial of Shahidul Dr Helen Davey at the time. Earlier this year, Dr Davey Ahmed for the murder of Rachel Manning in BSc(Hons), PhD, MCSFS prepared such a report in the case of DPP-v- December 2000, Dr Helen Davey was tasked Catherine O’Connor, for the murder of Dr Davey specialises in blood pattern with examining forensic work undertaken at analysis and complex DNA Jonathan Duke in a flat near Cork, Ireland. five prosecution laboratories over a 12 year interpretations. She was the site lead “The blood patterns visible in the scene period. As more sensitive tests were for DNA issues at the Forensic Science photographs, together with my examination developed, samples were re-analysed. Service Huntingdon laboratory. Establishing a chronology for the exhibits on of exhibits recovered from the scene, enabled which the prosecution were relying was She has been involved in many me to come to an opinion as to what was essential. complex and high profile cases likely to have taken place. Sometimes blood including the murders, the patterns can be more complex; for example Dr Davey commented “Understanding what stabbing of Abigail Witchalls, the where there are overlying patterns or the happened to which exhibit in this complex Lincoln Mutiny and the murder patterns have been disturbed by subsequent case entering its fourth trial necessitated of Danielle Jones. activity. Hence, a visit to the scene, even if it detailed scrutiny of around 7 crates of papers. has been cleaned, can significantly aid my As I was previously a senior scientist with the evaluation of events.” Illegal Drugs & Toxicology Cannabis Bush Buds

Sarah Morley Valuations for POCA applications BSc (Hons), MSc

The recoup versus penalty debate in relation Richard Brown to POCA applications continues unabated with BSc (Hons) divergent views being expressed from the Mrs Morley and Mr Brown each have judiciary. over 10 years of experience as expert in illegal drugs and toxicology Our expert involvement in the explosion of POCA hearings is in the valuation of illegal matters including alcohol technical drugs for the purposes of determining the defence. Their background is in pharmacology. likely benefit of the criminal conduct. Both Mrs Morley and Mr Brown regularly KBC has compiled its own database of drug advise and give evidence in Magistrates’ Drug Driving Offences prices. This enables geographical price and Crown Courts. variations and changes in prices over time to In March 2014, the Government moved a step be factored into our opinion. Reasons customers give for using Mrs further in its ambition to introduce legislation Morley and Mr Brown: with respect to drug-driving cases. It Mr Brown comments ‘There are many strands published recommended limits for 16 drugs, • ‘We have done so [instructed KBC] for of argument to be taken into consideration with the intention that it will be an offence to years and the standard is always high’ including purity, bulk purchase discounts and be driving whilst over the prescribed limits. condition and nature of packaging on seizure. • ‘Mr Brown attended at Court and was Blood samples will be analysed for the It is common to see only street values applied very helpful and knowledgeable’ concentration of the drugs listed. by the prosecution, even where the use of these may not be justified. In large-scale Currently there are no limits for drugs in the cases involving powdered drugs, the purity is Mrs Morley and Mr Brown have extensive body. KBC’s experts advise on the roadside often a very significant issue with the experience of hundreds of cases involving and custody accounts of the police and the prosecution adopting unfair or incorrect drug valuations and patterns of drug use. results of the medical examination and field methods for assessing the likely benefit. In They have advised in a wide range of cases impairment tests. When the new offences are cannabis cultivation cases, we also see the from enthusiastic amateurs to those involved introduced, KBC experts will be available to potential yield from immature or unviable in large-scale organised crime syndicates. advice on the scientific aspects for the plants being used to derive a benefit figure. defence. • Data sampling to check the accuracy supporting the prosecution case and being of the prosecution evidence irrelevant to their argument. Cell Site Analysis • Data manipulation to evaluate the Traditionally cell site evidence was often The principle of cell site analysis evidence is prosecution evidence encountered in serious cases such as murder straight forward: - was a particular mobile or drugs’ importation; however, it is phone used within a specific geographical area • Data presentation and report increasingly being used for less serious at a known date and time? Cell site cases preparation to summarise what the offences including car thefts and assaults. KBC involve vast amounts of data which need to be cell site evidence means within the can help you obtain the data, then test and analysed. Unfortunately, there is yet to be an context of the case evaluate the cell site evidence. agreed way of presenting this type of evidence in Court and its significance can be overstated. • In-house research to test assumptions made within the prosecution evidence.

One of KBC’s experts, Thomas Marryat Thomas Marryat comments: “We can help solicitors ensure the BSc(Hons), MBCS, MIET appropriate request to obtain data is made to the network operating companies. Then, if Mr Marryat has a Bachelor of Science this can be sent to us electronically, we can with Honours in Software Engineering manipulate the data using computing tools to from the University of Durham. He speed up the process of finding joined Keith Borer Consultants in 2007 inconsistencies in it, saving time and money.” as a digital device specialist. He prepares approximately 50-60 reports As police budgets are cut, it is becoming more each year, predominantly in cases frequent to see police intelligence analysts involving telecommunications evidence undertaking work which previously would for use in criminal matters throughout the have been undertaken by an expert. Their UK and Ireland. He has also advised at reports are often presented with no opinion, military, prison and family hearings. and frequently lacking in essential details such as the direction each cell faces. This can make KBC provides expertise for barristers and the difference between the cell apparently solicitors in four main areas of cell site evidence: forensic community wondering how many prosecution work, which is other errors in fingerprint identification have primarily concerned with print identification. ‘Mrs Tweedy and her support staff have been made. provided what can only be described as an outstanding service’ KBC’s forensic approach to Michael Finucane Solicitors fingerprints Although fingerprints have been used in Keith Borer Consultants takes a broader criminal cases for many years it is perhaps forensic science approach to fingerprint surprising that the reliability of this type of evidence than most. We examine the evidence has come under renewed scrutiny comparison of recovered fingerprints with recently. The publication of the report from reference forms, the provenance of recovered the Scottish Fingerprint Inquiry into the marks and the circumstances in which an Shirley McKie case coincided with the Court of object may have been touched or handled. Appeal judgment in R -v- Smith, one of the This is a distinctly different approach to few cases seen in the Court of Appeal where the basis for identification was challenged. The Scottish Fingerprint Inquiry made key Catherine Tweedy Persistence of fingerprints recommendations regarding the preparation BSc(Hons), MIBMS, CBiol, MSB It is a common misconception that fingerprint of fingerprint evidence, which UK fingerprint Simon Bunter marks must have been placed recently if they bureaux are yet to fully implement. The can be recovered readily by dusting with BSc(Hons), FFS inquiry also made clear its view that fingerprint powder. Assumptions are made fingerprint identification evidence was to be Mrs Tweedy and Mr Bunter each have perhaps based on the cleaning regime at considered expert opinion, not a matter of over 15 years’ experience as fingerprint home, but without taking into consideration fact. specialists. They have undertaken training how the fingerprint was made or what in. in the UK and in the USA and successfully These developments have also looked to the KBC’s casework has included marks in paint, participate in UK fingerprint comparison USA where the US Department of Justice has adhesives, soap, food grease and blood. The proficiency tests. instituted significant recommendations persistence of a mark will depend on regarding the preparation and evaluation of Both Mrs Tweedy and Mr Bunter environmental conditions and KBC’s own fingerprint evidence, following the FBI’s undertake research into aspects of research has provided some surprising misidentification of Brandon Mayfield as the fingerprint evidence. They regularly give longevity results. Madrid train bomber. This has got the presentations to barristers and solicitors on fingerprint evidence. Forensic Computing Mr Donnelly has also been involved in cases Social Media where the interpretation of the law has been tested; for example, is a service provider The widespread use of social media such as distributing content when they provide access Facebook, Twitter, LinkedIn, and Google+ has to material even though they aren’t hosting it led to their growing use as evidence in court themselves? proceedings. Data sources which can be used to investigate the provenance of evidence obtained from social media includes: Ross Donnelly • Live accounts present on the websites BSc(Hons), MCITP, MCTS, MBCS • Records produced by the provider Mr Donnelly has a Bachelor of Science such as Facebook degree with First Class Honours in Computer Science from the University of • Digital devices used to access the Northumbria. He joined Keith Borer account, such as computers or mobile Consultants in 2008 as a Digital Providing useful expert evidence in cases telephones. Forensic Investigator and IT Manager. involving computers or other digital storage By its nature social media data storage can be devices requires experts to have a high level He specialises in the forensic very transient; it can take a high level of skill of technical skill and an ability to explain their examination of computer equipment, to locate, reconstruct and interpret. work to the jury. Although most people use with particular experience in cases involving social networking sites (such digital devices on a daily basis, how they work Part of the evidence in a recent murder case as Facebook) and indecent images of is another matter. KBC’s Ross Donnelly has children, including classifying and was based on internet searches for the word established a reputation for his clear establishing the provenance of such ‘garrotting’. This was being used to allege explanations of technical computing issues, images. premeditation which was denied by the including to the judiciary on occasions. defendant. Through his investigative work,

Mr Donnelly was able to demonstrate the In cases involving indecent images of children, ‘I found Ross Donnelly excellent to work context of the internet search was part of a the assessment of how a computer has been with’ McKenzies Solicitors continuous light-hearted Facebook chat, used is the domain of the defence expert. rather than separate and unconnected This is in marked contrast with prosecution searches. experts, who often only ascertain what is on the hard drive, not how it came to be there. Handwriting Comparison Dorothy Allan Our handwriting is a combination of BSc(Hons), MCSFS characteristics taught to us and those which we develop independent of the taught style. Dorothy has many years of experience It is the personal characteristics that allow an in handwriting comparison and forensic individual to be linked to a piece of writing chemistry. She joined KBC in 2012, with a high degree of discrimination. having previously been with the Forensic Science Service for 25 years. Handwriting comparison features in criminal, She specialises in handwriting analysis civil and family cases, where it is often the including an assessment of signatures, Signatures only source of evidence. The comparison and cases involving trace and mark consists of a systematic visual and/or evidence. These cases include glass, Despite the growth of chip and pin technology microscopic comparison of reference footwear marks, fibres and paint in the financial industry, signatures continue handwriting with that in the questioned evidence. to be used in many types of transactions and document. official forms. Mrs Allan’s recent cases involving signature comparisons have included KBC’s handwriting expert Mrs Allan ‘Have used your services for many mortgage documents, benefit forms, service comments: “The strength of handwriting things previously, particularly contracts, lottery grant forms, tenancy evidence depends critically on how distinctive handwriting analysis.’ agreement forms and wills. the questioned handwriting is, the quantity of McGregors Solicitors questioned handwriting, the volume and In signature examination, the distinctive suitability of the specimen writing and the features in terms of construction, shape, ‘Your report was very detailed and it legibility of all documents. We can provide proportions and fluency in specimen and was most helpful in this case.’ advice on the collection of specimen questioned signatures are assessed and Murphy & McManus handwriting and also suggest possible sources compared. It is especially important that the of samples from everyday activity. ” specimen signatures encompass the natural variation of the signature.

Road Incident Investigation have already expressed its view on whether the injury was serious. Jim Keenan is known at Keith Borer Consultants as the expert who most relishes In careless driving offences, which can carry his appearances in court. He leads the road sentences of up to five years’ imprisonment, it traffic incident investigation team at KBC can be difficult to demonstrate that the whose services are sought in civil, criminal and defendant was not driving carelessly, even if employment matters. It is Mr Keenan’s clarity only for a very short period of time. of thought and presentation, especially in Mitigation is, however, of considerable Crash research at ITAI workshop multi-handed cases, that has earned him importance, especially to those for whom a many commendations. momentary lapse in judgment has brought them into the justice process for the first time. James Keenan

‘The report(s) were excellent and Mr Lines of sight and conspicuity LCGI, MITAI Keenan was extremely helpful at all times. Mr Keenan has been a road accident We will certainly be recommending him In many of the cases, civil and criminal, in investigator since 1992, first with to other firms.’ which KBC’s team of investigators is Merseyside Police and subsequently Linskills Solicitors instructed, lines of sight and conspicuity can Keith Borer Consultants. be key issues. In these cases, scene visits are ‘Fabulous, clear concise report; critical to form opinion and evaluate evidence He has been a key driver in setting instrumental in our client’s acquittal’ received from police reports or eye witnesses. standards nationally for collision Peace Revitt Solicitors Conspicuity links to reaction time and the investigation. He is a former chairman determination of this presages accurate of the Institute of Traffic Accident

Investigators and continues to be a Motoring offences reconstruction of an incident. Grades’ Assessor for the Institute. In response to the demands of public opinion, The team also carry out their own research Mr Keenan has also participated in the we have seen the recent introduction of new and participate in tests undertaken with the training of barristers and their use of Institute of Traffic Accident Investigators. motoring offences such as death by careless expert evidence. He gives technical driving, and causing serious injury by presentations on aspects of accident dangerous driving. The outcome of the reconstruction, incident data records criminal case can have a direct bearing on any and automatic vehicle location systems. subsequent civil proceedings. For example, in cases of serious injury, the criminal court will