The ‘CSI’ can be just as important to the defence

THE NATURAL and logical starting point in the investigation of a crime is at the scene where it all happened.

The scene might not necessarily be a single location, however; a body killed in one place and dumped in another immediately provides two loci, and the route between them and mode of conveyance yet two more at least.

Whether single or multiple, relatively simple or complex, scenes of alleged crime are rich sources of information about who did what to whom, when and by what means. They can provide the essential contextual background against which much scientific evidence needs to be seen. The scene should feature prominently in defence team thinking, just as it does in the minds of the primary investigators.

Blood on their hands?

Bloodstains, for example, may be interesting enough by their very presence, but often their physical  appearance has much to tell about the way in which they were formed.

There are ‘contact stains’, ‘impressions’, ‘smears’, ‘impact spatter’, ‘secondary spatter’, ‘cast-off’, ‘arterial spurting’, ‘spray from coughing following congestion of blood in the mouth or airway’ and other sorts. It’s only by thoughtful, careful, competent examination and interpretation of bloodstains, the patterns they form and, importantly, where they are in relation to others, that their proper significance can be deduced.

It has long been recognised that information about a crime tends to decay rapidly with time and there is a need to commence with the investigation before evidence is lost. Scientists acting for the defence are inevitably at a disadvantage because they come along later (often much later) after the primary work has been done, and as such they rely heavily on records made at the time.

But scenes are sometimes preserved, enabling defence scientists to make their own observations, notwithstanding the legitimate disturbance and removal of items that will have already occurred.

Challenging the DNA

There is increasing  reliance on DNA profiling in crime detection and the prosecution of offenders.

But the very power of current DNA technology and the mind-boggling statistics that come from it make it all the more important that context is fully understood.

Take the example of a man whose semen (according to DNA profiling) was found in underwear said to have been worn by the victim of an alleged rape, resulting in him being charged. A further and more detailed examination of the garment was carried out by Sue Woodroffe, Control Risks’ principal biologist, together with additional DNA testing of the sample. This proved that the allegation had been falsely made and the case, which was largely reliant on apparently overwhelming DNA evidence, was discontinued against our client. This resulted in the complainant being charged and receiving a substantial prison sentence.

Arrangements can be made for scientists acting for the defence to visit scenes of crime, and clear advantages can accrue if they are called out as early as possible – hard on the heels of the scientist who has been used by the police. Scenes involving bloodstaining can have a particular tendency to reward early scrutiny since, by definition, they tend to deteriorate.

With their own eyes

Police photographers will normally have taken a multitude of shots, but these will not necessarily show precisely what the defence will want to see. A problem for the defence is that the available visual records, which can include plans, tend not to be disclosed until later on, which makes it difficult for secondary independent forensic scene examinations.

Items and samples are legitimately and routinely taken away from a scene, rendering its original state progressively more obscure. What is worse is that, by the time the defence team is in a position to consider the scene in the light of all the other information, it will often have been ‘let go’ by the police and handed back to the ‘owner’. In those circumstances it might become difficult to resist acceptance, as fact, of what is being said about the scene by experts who have enjoyed the privilege of seeing it in its virgin state.

The defence teams are then palpably not on equal terms.

It is preferable to see any scene first hand, crucially in order to be in a position to ask meaningful and penetrating questions about the observations already made and tests carried out. In short, the need is to appreciate the complete picture to get to the heart of the important issues.

All scene examinations can be pivotal in identifying additional enquiries that need to be made and further work to be done.

Along with careful scrutiny of all available records, scene examinations better enable the provenance of key evidential material to be verified, and for issues of continuity and contamination to be properly addressed.

Professional accreditation

Scene examination and interpretation cannot be learned from a book, and enquiries of potential scene examiners need to be made as to what experience the person has. Have they a proven track record in, for example, blood pattern analysis? Although there is still a long way to go, the forensic science profession is slowly becoming more regulated and more transparently qualified. The Council for the Registration of Forensic Practitioners (CRFP) continues to play a key role in this.

Increasing numbers of forensic scientists are being scrutinised by assessors such as Sue Woodroffe, who are appointed by CRFP, and, if they prove to be properly qualified, formally accredited by them.

A way round potential cost problems can be for defence teams to establish the credentials of the scientist it wants to instruct and then to discuss with them how their instructions can be focused only on what is pertinent. By unequivocally establishing competence and relevance, better and more persuasive cases for funding can be made.

Often working against this is the reluctance of some lawyers to admit that they are somewhat bemused by the forensic science evidence confronting them and how best to deal with it. In order to address this particular aspect, Control Risks undertakes forensic awareness training for the legal profession in order that they may have a better understanding of the forensic evidence presented to them.

There is no need to be reticent; any reputable practice such as Control Risks will be pleased to assist in providing advice and proposing programmes of work if necessary, including scene examinations that are meaningful and ensure value for money.