Forensic emag

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FORENSICS INDUSTRY

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E-MAGAZINE

USE THIS GUIDE TO : CLI C K ON TH E R E L E VAN T E X PE RTS A RTI C LE OR A DV ERT AN D VI S I T TH E IR SI TE S DIRE C T T O CONTAC T A N D START R E CI E V IN G TH E HE L P YOU NEED

YOUR ELECTRONIC ONLINE GUIDE TO THE FORENSIC INDUSTRY HELPING MEMBERS OF THE LEGAL PROFESSION, LAW ENFORCEMENT AGENCIES, INVESTIGATORS, BANKS, COMPANIES & INSURANCE AGENCIES FIND THE FACTS FROM THE FICTION

SHOW REVIEW INSIDE THIS MAGAZINE

Security Industry emag 2013


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David Berry (PhD FRC Path MFSSoc MRSC)

Independent Toxicology Consultant With 45 years as a practising analytical toxicologist and an additional 30 years providing independent toxicology consultancy, David Berry holds considerable experience at giving evidence in magistrates & Crown courts also military scenarios. A specialist in toxicology with particular emphasis on prescribed and illicit Drugs and Alcohol, David Berry has been involved in a range of criminal and civil investigations including driving and alcohol/drug cases, child custody where drugs and poisons are involved; drug facilitated crime, workplace drug testing, medical reviews, interpretation of forensic toxicological analysis and forensic pathology reports. David utilises his experience and expertise to compile insurance reports, personal injury claims and deals with cases of medical negligence. He has acted as an expert witness in Coroners, Magistrates, County, Crown and Military Courts. A qualified analytical chemist, David Berry was employed for 45 years in a specialist NHS toxicology laboratory as a Senior Analyst, working on developing methods for drug analysis and providing services for the analysis of drugs in biological specimens. David began offering his services to support a range of Clinical situations with his main applications of involvement being in Clinical and Forensic drug testing. Inevitably, he became involved

2013

with cases that had legal connotations and was drawn into writing legal reports and opinions related to such cases. Following these experiences, David started to offer these services to the legal profession independently. Today, David Berry specialises in writing detailed toxicological reports with interpretation for criminal and civil (usually insurance) investigations where drugs and poisons and/or alcohol are involved. The toxicology services that David Berry provides have advanced over time. He has become more involved with medical/toxicology reviews in workplace drug testing and also provides expert witness reports following hair testing analysis, mainly for the family courts. Providing valuable assistance to situations where toxicology is potentially involved, David has also undertaken a couple of security related jobs dealing, mainly with the assessments of toxicological risks. David Berry mainly advises and instructs in the UK but global instruction are considered as he looks to open some new and exciting doors in the future. For further information, please call David Berry on 01342 324 955 / 07833 556 460 or email enquiries to dave_b2@mail.com


The Premier International Forensics Event for Police, Military, Intelligence Agencies, Lawyers, Corporate Forensic Analysts, Laboratories, Government Bodies and Agencies together with leading suppliers, services, equipment and practitioners from across the world. Conferences – Workshops – Training – Networking – Exhibition

REGISTER FOR FREE ENTRY TODAY www.ForensicsEuropeExpo.com/securityemag

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MATRIX FORENSIC Matrix Forensic is an independent niche practice specialising in

Matrix Forensic work closely with lawyers, insurance companies,

forensic accounting, financial investigation and valuation matters.

regulatory authorities and corporate entities as well as having

With 18 years direct experience, Matrix work with businesses and

strong links with insolvency practitioners and computer forensic

individuals across the UK covering all manner of client disputes

specialists.

from all industry sectors.

Led by Managing Director, Shaun Walbridge FCCA, MAE, MEWI,

Matrix utilise their vast knowledge of accounting, together with

Matrix comprise a team of dedicated Partners and Senior Managers

investigation techniques to help solve financial and business

with specialist forensic expertise.

problems. Comprising of a team of qualified / chartered accountants, Matrix’s specialists are members of The Academy of Experts (MAE), the Expert Witness Institute (MEWI) and are Certified Fraud Examiners (CFE).

Operating from a network of offices across the UK in locations including London, Birmingham, Bristol, Manchester, Southampton and with a Head Office in Plymouth, the breadth of experience offered by Matrix Forensic is second to none. The practice’s

Paying particular attention to detail and an investigative mind, all

pragmatic, common sense approach results in jargon-free reports

partners and Senior Managers of Matrix Forensic have a strong

which set out findings clearly and concisely, assisting the client,

desire to help solve financial problems.

court and all parties involved.

The practice offers a highly skilled, in-depth service providing

Matrix Forensic deal with criminal cases including fraud, money

cost effective resolutions to clients as quickly as possible. A more

laundering and proceeds of crime, as well as many civil disputes

affordable alternative to larger regional and national practices,

such as commercial disputes, matrimonial, forensic insolvency.

Matrix Forensic’s experts will guide their clients through the initial stages of their claim, through negotiations and the concluding legal processes that take place achieving the agreement of a final

Case studies of cases that Matrix Forensic have instructed on include:

settlement. Representatives from Matrix can also provide expert

Commercial claims and disputes

witness evidence at court if required.

A claim against a Landlord in which a catastrophic fire at a night

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The practice offers a highly skilled, in-depth service providing cost effective resolutions to clients as quickly as possible. A more affordable alternative to larger regional and national practices... club took place; allegedly caused by workmen instructed by

Criminal & proceeds of crime

the Landlord.

Matrix were instructed by the Prosecution to assist in a case involving the Directors for a group of companies which were

After identifying accounting irregularities by the claimant and

part of an estimated ÂŁ20million fraud based on foreign exchange

associated fraudulent insurance claims, the case was dropped by

transactions.

the courts. Forensic Insolvency Dealing with the liquidation of the UK subsidiary of USA registered

Personal injury & medical negligence Report as on the loss of earnings and promotion prospects for a member of HM Forces injured on active service

company, Matrix identified irregularities on the valuation of stock

For further information, please call Matrix Forensic’s Head Office

as well as the diversion of sales by Directors through a third

on 0117 301 7743, email enquiries to admin@matrixforensic.co.uk

party company.

or visit the practice website at www.matrixforensic.co.uk


The Premier International Forensics Event for Police, Military, Intelligence Agencies, Lawyers, Corporate Forensic Analysts, Laboratories, Government Bodies and Agencies together with leading suppliers, services, equipment and practitioners from across the world. Conferences – Workshops – Training – Networking – Exhibition

REGISTER FOR FREE ENTRY TODAY www.ForensicsEuropeExpo.com/securityemag

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We are experienced in: Commercial disputes Accident/injury claims Valuations Insurance claims

For further information please contact us: vanessa.winspeare@mjn-forensics.co.uk Telephone: 01747 834 412 or 07414 862 990

www.mjnforensics.co.uk


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Leading the Way in Forensic Accountancy & Expert Witness Reporting

As the brainchild of founder Vanessa Winspeare BSc., FCA, MJN FORENSIC ACCOUNTANTS LTD has built-up an impressive reputation since its inception for providing Forensic Accounting & Expert Witness Services throughout the UK and worldwide. As well as boasting extensive experience of assisting in mediations and acting as an Expert Witness in Court and at arbitrations, the company’s principal areas of specialism also include: • • • •

Accident & Injury Claims Commercial Disputes Valuations Insurance Claims

In a recent interview Vanessa let us in on the secret to the company’s year-on-year success: “We provide a range of forensic accounting services to lawyers, accountants, solicitors, insurers, government, businesses and private individuals. Key to our success has been our commitment to provide a truly customer-focused, individually tailored service to meet the clients specific requirements. This combined with our attention to detail and proactive approach, gives us the ability to compliment any team of advisors. Regardless of the size or nature of the claim, we strive to provide a cost effective solution that will meet, and in many cases exceed, the clients expectations.”

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Vanessa Winspeare BSc FCA has been able to combine her academic qualifications, which include holding accreditation as a qualified Chartered Accountant since 1992, being a Fellow of the Institute of Chartered Accountants in England & Wales and a Council Member of Intellectual Property Institute, with the practical expertise she gained during her illustrious career. Having trained with Deloittes as an auditor and in 1995, Vanessa then joined a specialist Forensic Accounting firm, now known as RGL International, where she spent almost 10 years providing forensic accounting services to the insurance industry; dealing with claims for product liability, business interruption, personal injury/fatal accident and fidelity. During this time she was instructed as the Expert in relation to litigated insurance claims and recovery/subrogated actions. On joined mid-tier accounting firm Smith & Williamson in 2005, Vanessa was able to extend her knowledge in Forensic Accounting and receive instruction as an Expert on a number of different matters, as well as develop her own Practice. During her time at Smith & Williamson, Vanessa led the Personal Injury Team and she is now an expert recognised by the Association of Personal Injury Solicitors (APIL). As Director of Forensic Services at MJN Forensic Accountants Ltd, Vanessa has been called upon to act as an Expert Witness, providing


“We provide a range of forensic accounting services to lawyers, accountants, solicitors, insurers, government, businesses and private individuals. Key to our success has been our commitment to provide a truly customerfocused, individually tailored service to meet the clients specific requirements.”

Forensic Accounting Services in relation to a wide range of commercial disputes, professional negligence actions, accident/injury claims, clinical negligence and fatal accident cases.

he said “The Winspeare approach: As already foreshadowed, I favour Ms. Winspeare’s budget based approach…” [2003] EWHC 1608 (Comm) Case No: 2000/762

Having acted for claimants, defendants and as a single joint Expert, Vanessa has given evidence in the High Court, various County Courts and at International Arbitration; contributing to the successful resolution of disputes by negotiation and formal mediation: “We are experienced in the mechanics of the Civil Procedure Rules and often called upon to act as an advisor, pre-action, to identify the basis of a dispute and to assist in planning a practical resolution.”

• Local Authority: Vanessa was appointed by the local authority to calculate the losses suffered after a major incident at a tower block. The calculation included the increased costs of re-housing the residents in neighbouring boroughs.

“We can act as an Expert Witness in respect of injury/accident claims for either the Claimant, Defendant or as a single Joint Expert relating to personal injury; fatal accidents; medical/clinical negligence and catastrophic injury.” CASE STUDIES: • Rail - Loss of Revenue: Initially Vanessa was instructed by Railcare’s insurers to review the claim for loss of ticket and catering revenue as a result of a rail incident. However, the claims were not settled and GNER started proceedings against Railcare. She continued as the Expert for Railcare and her work included analysing ticket sales by types, revenue streams and factors influencing rail network (GNER v Railcare). The case was heard in the High Court and Mr Justice Gross awarded damages based on her calculation where

• Benefit claims: Vanessa was instructed to review the trading accounts to determine whether benefits had been fraudulently claimed. Following the provision of the report the benefits were reclaimed and criminal action taken. • NHS overpayment: The NHS claimed to have overpaid agency nurses. Vanessa was instructed to investigate the payments made and to determine the value of any overpayment. Following a detailed review and report, the NHS recovered substantial amounts. FOR FURTHER INFORMATION OR TO DISCUSS YOUR INDIVIDUAL REQUIREMENTS..........CONTACT Vanessa Winspeare BSc FCA MJN Forensic Accountants Ltd PO Box 1595, Dorset SP8 9AL Tel: 01747 834412 Email: info@mjnforensics.co.uk www.mjnforensics.co.uk


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DR AMAN RANU

2013


Forensic Medical Examinations Currently working Independently

of injuries. He regularly sees and documents injuries both before

as a Senior Forensic Medical

and after treatment. His training in the evaluation of bruises can

Examiner

assist in the ageing of injuries.

(FME)

providing

services to the Metropolitan Police Force, Dr Aman Ranu is an Expert Medical Witness operating in the speciality of Clinical Forensic Medicine. Having qualified in Medicine in 1993 and then completed training as a GP, Dr Ranu has undergone higher training to pass the Diploma in Medical Jurisprudence (Clinical) examination in 2008. He has also achieved Foundation Membership of the Faculty of Forensic and Legal Medicine. Dr Ranu’s expertise primarily relates to forensic aspects of the care of police detainees. All detainees held in police custody are entitled to see a health care professional as part of the Police & Criminal Evidence act (1984 PACE). Alternatively, if the police have concerns regarding the physical or psychological health of

Drink/drug driving offences & Failing to provide a blood or urine sample Numerous medical conditions are sometimes overlooked at the time that the police ask a driver to provide a sample of blood or urine. These conditions include panic attack / anxiety symptoms, respiratory conditions such as asthma, and needle phobia. Dr Ranu prepares expert reports for the court based on police documents and CCTV evidence to establish whether a medical condition is likely to qualify as reasonable medical excuse for non-provision. Sexual offences Due to specialist training and expertise, Dr Ranu also undertakes the examination of victims and suspects of serious sexual offences including the harvesting of samples for forensic evidential purposes Care of police detainees / Death in Police Custody

any detainee and their fitness to be interviewed or charged , they

When held in custody, an individual is owed a duty of care by the

too can request assessment by a Doctor.

police. Forensic physicians may be asked to provide an opinion as to whether this care may have fallen below an acceptable level

Virtually on a daily basis, Dr Ranu has to manage multiple

by scrutinizing CCTV and other evidence. Expert opinion is also

challenges when dealing with individuals with complex medical and

sought in cases when detainees allege use of excessive force by

psychological needs that can be further complicated by alcohol or

the police during their arrest or detention.

drug misuse. Dr Ranu is well aware of his obligation to provide clear, objective Dr Ranu also attends sudden or unexpected death scenes to assist

fully researched clinical forensic medical opinion to assist the

the police in the identification of unusual or possibly suspicious

administration of justice through the courts. His medical testimony

circumstances surrounding the death.

is regarded as high quality and reliable.

Injury interpretation

For fur t her infor mation, please cont ac t Dr A man Ranu on 07951 0 4 8 626 or visit his website at w w w.exp er t physician.info

Dr Ranu prepares Expert court reports when medical opinion is needed to establish the likely mechanism of causation and timing


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MR. AIDAN FITZGERALD

Consultant Plastic, Reconstructive & Aesthetic Surgeon & EXPERT WITNESS Personal Injury Claims & Clinical Negligence in Plastic & Cosmetic Surgery 2013


MR. AIDAN FITZGERALD

Consultant Plastic, Reconstructive & Aesthetic Surgeon & EXPERT WITNESS Based in Sheffield at the Northern General Hospital, Mr. Aidan Fitzgerald MB ChB MPhil FRCS(Plast.) has achieved an impressive reputation not only as a Consultant Plastic, Reconstructive & Aesthetic Surgeon, but also as an Expert Witness in cases of Personal Injury Claims & Clinical Negligence in Plastic & Cosmetic Surgery. Aidan’s area of expertise for his Private Practice lies in Breast and Body contouring surgery, Aesthetic Facial Rejuvenation, Skin cancer. Added to this Aidan’s NHS patients are able to take advantage of his skill in Head & Neck Surgery, Facial Reanimation Microsurgical Reconstruction, Body Contouring (post weight loss), as well as Skin Cancer. Aidan boasts a wealth of practical experience, together with academic qualifications; including gaining an MB., Ch.B. (University of Liverpool) 1988 M.Phil. (University of Bradford) 1998 FRCS (Edinburgh.) 1993; FRCS (Glasgow.) 1993 ; FRCS (plastic surgery) 2001 Professional bodies Full member of the British Association of Plastic Reconstructive and Aesthetic Surgeons General medical council no. 3352580 At this point Aidan took a higher research degree, going on to obtain an M.Phil. from the University of Bradford in 1998. After which he undertook higher surgical Training in Scotland involving placements in Edinburgh and Glasgow, following which he obtained FRCS (Plastic Surgery) in 2001, as he explained in a recent interview: “Subsequent to this I spent a year each in Melbourne - Australia and Toronto - Canada gaining further experience in Reconstructive and Cosmetic Surgery of the Breast and Head and Neck, before returning in 2003 to Sheffield with my wife and children.” In his present post as a Consultant Plastic Surgeon at the Sheffield Teaching Hospitals NHS Trust, Aidan is able to draw on his experience and skill in the field of reconstructive microsurgery, facial reanimation and the treatment of skin cancers. “I would be delighted to be consulted on any question of cosmetic surgery in the areas of breast surgery such as augmentation, reduction or uplift; body recountouring. Together with other areas such as liposuction or abdominoplasty and facial rejuvenation including blepharoplasty or facelift. I would also be delighted to be consulted concerning minor skin blemishes such as moles or cysts, as well as skin cancers that may require excision.”

A Full Member of the British Association of Plastic, Reconstructive & Aesthetic Surgeons, as well as being on the GMC Specialist Register for Plastic Surgery No: 3325803, Aidan undertakes medico-legal reports both in the areas of Personal Injury and Medical Negligence; with his medical negligence work being split 50:50 between claimant and defendant. Aiden has the facility to see clients for medico-legal work in Sheffield, Doncaster, Nottingham, Leeds and Manchester at the following venues: • • • • • •

10 Harley Street, London Sheffield – Claremont Hospital, Thornbury Hospital Doncaster – Park Hill Hospital Nottingham – Castle Row Consulting Suites Leeds – Nuffield Hospital Manchester – Bridgewater Hospital

“For those clients unable to attend hospital I am happy to arrange a ‘home’ visit which would usually take place within a few weeks of receiving instruction and I would expect to complete a report for the client within 2-3 weeks.” FOR FURTHER INFORMATION CONTACT: Mr Aidan Fitzgerald Consultant Plastic Surgeon MB, ChB, M.Phil, FRCS (Ed), FRCS (Glas), FRCS (Plast) PRIVATE THORNBURY HOSPITAL (Fri AM/Thurs PM) 312 Fulwood Road Sheffield S10 5BR Tel: 0114 2661133 www.bmihealthcare.co.uk/thornbury CLAREMONT HOSPITAL (Mon PM) 401 Sandygate Road Sheffield S10 5UB Tel: 0114 2630330 www.claremont-hospital.com NHS Department of Plastic & Reconstructive Surgery Northern General Hospital Herries Road, Sheffield S5 7AU Tel: 0114 2266071 Secretary 0114 2215294 Fax 01142 712880

Personal Injury Claims & Clinical Negligence in Plastic & Cosmetic Surgery


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ROBERT RADLEY Forensic Handwriting Expert & Document Examiner As the longest established private independent laboratory in Great Britain, dealing solely with the forensic examination of handwriting and documents, ROBERT RADLEY M.Sc., C.Chem., F.R.S.C., F.S.Soc. Dip., F.A.E, R.F.P. has achieved an enviable reputation as the founder of a Forensic Science Practice dealing exclusively in the Forensic Examination of Signatures, Handwriting and the General Forensic Investigation of Documents as a whole.

examination of documents. Little wonder then since 1971, Mr Radley has been consulted in over 11,250 cases involving questioned documents with instructions received from all over the world, as he outlined in a recent interview: “These generally relate to signature authentication and/or handwriting identification together with other areas of document examination which I deal with on a routine basis, including non-destructive instrumental

Having trained as a Forensic Scientist specialising exclusively in this field, Mr. Radley holds a Degrees of Bachelor of Science (Hons) in Chemistry and Master of Science in Forensic Science. A Chartered Chemist and Registered Forensic Practitioner, he has also achieved a Diploma of the Forensic Science Society in Document Examination.

analysis of inks, paper, alterations, erasures, typewriting, printing,

Therefore, it comes as no surprise to learn Robert is a Fellow of The Forensic Science Society, a corresponding Member of the American Society of Questioned Document Examiners, a Fellow of the Academy of Experts, as well as being a Fellow of the Royal Society of Chemistry.

Examination to establish or eliminate common authorship

Having successfully completed the Assessors’ Course for the Council of the Registration of Forensic Practitioners, Mr. Radley held the position of Examiner for the Forensic Science Society for 12 years with respect to the Society’s Diploma in Document Examination.

signatures or alleged signature forgery, simulation of signatures,

Mr. Radley’s laboratory is extensively equipped with the latest cutting-edge instrumentation necessary for the forensic

forensic examination of signatures and documents involved in

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indented and electrostatic writing impressions in documents (ESDA), photocopy examinations, dating queries, determination of sequences of writings etc.” As a Forensic Handwriting Expert & Document Examiner Mr. Radley undertakes projects involving the Forensic Handwriting of documents; to differentiate between genuine and forged handwritings and examination of disguised writings etc. As a Document Examiner Mr. Radley undertakes projects in cases of disputed signature authentication, i.e. questioned tracings, examination of deteriorated signatures due to ill health, examination for evidence of transposed signatures on photocopy documents, examination of guided hand signatures, etc. Robert added: “The work I undertake relates not only to the court proceedings but also incorporates investigative work relating


ROBERT RADLEY

to the authentication of signatures, identification of handwriting and other forensic document examinations. Such examinations can be undertaken at an early stage as an investigative tool in order to assist in presenting evidence as soon as possible. This may help in giving guidance to investigators by giving them information concerning sources of documents, identifying individuals involved in the production of documents, identifying common sources of documents etc.” “I can also provide assistance in assessing Reports prepared by other experts, commenting, supplementing and if necessary criticising the same, so that instructing clients can appreciate better the significance of the evidence available.” Trained as a Single Joint Expert, Mr. Radley has been required to give evidence on several hundred occasions, acting as an Expert Witness in Courts throughout the UK, as well as in Courts in all corners of the world including Australia, New Zealand, Brunei, Hong Kong, Singapore, Malta, The Hague, The Republic of Ireland, Jersey, Cyprus, Germany, Switzerland, Kenya, Gibraltar, Canada and South Africa. Having been on the Editorial Board of the International Journal of Forensic Document Examiners, Mr. Radley has written numerous papers and publications in Forensic Science Journals on forensic document examination relating to a variety of aspects of this work and has presented these to scientific meetings both in this country and abroad. For a number of practical and ethical reasons, instruction is not accepted from private individuals but is accepted only directly from members of the legal profession, law enforcement agencies, investigators, banks, companies etc.

FOR FURTHER DETAILS CONTACT: MR. ROBERT RADLEY M.Sc., C.Chem., F.R.S.C., F.S.Soc. Dip., F.A.E, R.F.P. Forensic Document Laboratory Macartneys, Kings Road, Silchester, Reading, RG7 2NS Tel: +44 (0)118 9702394 Fax: +44 (0)118 9702395 Email: info@docexam.co.uk Website: www.docexam.co.uk


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SIMON FULFORD FRCS (Urol) CONSULTANT UROLOGICAL SURGEON & EXPERT WITNESS In personal injury and medical negligence cases.

When it comes to medical negligence and personal injury claims it is vital for those in the legal sector to seek the independent, unbiased advice from a professional Surgeon. When it comes to court cases for compensation for Spinal Injury, Head Injury, pelvic fracture & Urological medical negligence cases, Simon Fulford FRCS (Urol) has become recognised as a leading provider of Expert Witness Reports in to the consequences of such injuries on bladder, bowel and sexual function for Barristers and Lawyers on both sides of the case, as well as for law enforcement agencies. Simon qualified as Bachelor of Medicine & Surgery from London University in1987 and he trained in general surgery becoming a fellow of the English Royal College of Surgeons and Urology in 1992. He then chose to specialise in Urology gaining his FRCS (Urol) in 1999. During his training he worked in many Urology units around the UK and the Princess Royal spinal injury Centre Sheffield.

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He has been Consultant Urological Surgeon at James Cook University Hospital, Middlesbrough for the past 12 years and has a wealth of experience in many aspects of Urology as he explained in a recent interview: “I am one of ten consultants in a very busy department of Urology serving a population in the Tees Valley of over a million. I am also Consultant Urologist to the regional spinal injuries unit based at James Cook University Hospital which provides acute and long term care to patients with spinal cord injury from the whole of the North of England. In addition I also undertake NHS sessions at Darlington Memorial Hospital and a private and medico legal practice based at Woodlands Hospital. My primary interest within Urology is the care of the neuropathic bladder in patients with spinal injuries or neurological disease. I see and manage large numbers of patients with spinal cord SIMON FULFOf Compensation for Post Spinal Injury, Post Accidental Injury, Post 2013 injury, Multiple Sclerosis, Parkinsons disease


SIMON FULFORD FRCS (Urol)

and many other neurological conditions. I regularly perform urodynamic investigations on such patients and offer a full range of management options ranging from ongoing surveillance to major urinary tract reconstructive procedures.” Holding Membership to a number of major quality organisations including BMA; GMC; RCS; MPS and BAUS, Simon is also an active Member of the uro oncology MDT, and as such he regularly undertakes radical cystectomy with either ileal conduit or orthotopic bladder formation for bladder cancer, pelvic exenteration for gynaecological and colorectal cancers. A great deal of Simon’s medico legal work involves patients with Cauda Equina Syndrome (CES). The Cauda Equina is a bundle of nerves that lie within the spinal canal below the termination of the spinal cord from the level of the first or second Lumbar Vertebra to the coccyx. It is vulnerable to injury by compression. Most commonly this will be caused by a prolapsed inter vertebral disc but can also be the result of spinal fracture, tumours of the spine, congenital or degenerative spinal conditions or complications of procedures such as lumbar puncture or spinal anaesthetic. CES is the combination of low back pain, sciatica, saddle anaesthesia (loss of sensation around the anus and over the buttocks), motor weakness in the leg(s) combined with bladder and bowel disturbance (retention and / or incontinence) and loss of sexual function. Forming part of the Cauda Equina, the Sacral nerves supply the bladder, bowel, urethral sphincter, anal sphincter and the sexual organs. All of which can be effected by CES. Patients with established CES should be referred to a Urologist with an interest in Neuro Urology to be assessed and helped with their pelvic organ dysfunction. Unfortunately many cases of CES result in litigation for alleged negligence in relation to diagnosis or treatment. It is important that in these cases expert opinion from a Urologist with an interest in Neuro Urology in regard to pelvic organ dysfunction is sought in order to ensure appropriate assessment of ongoing disability, treatment and prognosis.

In a similar way spinal cord injury inevitably affects pelvic organ function that requires highly specialised management and is of course highly relevant to a personal injury compensation case. Pelvic organ function can also be adversely affected by other injuries including pelvic fractures and head injuries and Simon believes that the expert reports ha has prepared in such cases have been important in reaching appropriate settlement. On his medico legal work, Simon had this to say: “I have been preparing expert witness reports since shortly after appointment and have attended training courses in medico legal report writing. Having appeared in court as an expert witness for both claimant and defendant, as well as receiving joint instructions, I currently receive instructions for approximately two or three cases per month. The cases I have reported on include spinal injury compensation claims, accidental injury compensation claims, head injury compensation claims, along with urological medical negligence cases and criminal injury cases.” As you would expect from such a dedicated professional, Simon is committed to research and development as a means of introducing new techniques: “I have run audits on several new techniques and procedures which include artificial sphincter insertion, BoTox injection and implantation of Invance and Advance male slings. These results have been presented at local, national and international meetings and in some cases published. Within Urology we have recently become aware of a new syndrome called Ketamine Induced Cystitis. This is an exciting research opportunity as understanding it may well improve our understanding and management of other painful bladder syndromes. I have a clinical research fellow working between York University and JCUH and we are working with other urologists, epidemiologists, public health doctors, drug abuse experts and basic scientists to develop a comprehensive study of these patients..” FOR FURTHER INFORMATION CONTACT: SIMON FULFORD FRCS (Urol) on Tel: 07855312901 Email: simonfulford@nhs.net


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Professor Malcolm Pope Expert in Bio-mechanics & Ergonomics

Born in Iowa City, Iowa USA, Malcolm Pope ticks all the right boxes for those in the Legal profession who are looking for an expert in the field of Bio-mechanics and Ergonomics. Currently the Emeritus Professor of Aberdeen University and Honorary Consultant Medical Physicist, Malcolm specialises in the design of spine implants and patent infringements; as well as assessing back pain resulting from accidents and the working environment, as he outlined in a recent interview: “By drawing on the experience I have gained over the last 35 years, which includes being involved in numerous studies of ergonomics of the spine, I am able to provide an independent, unbiased analysis of the spine, together with any related causes of injuries and failures of spinal implants.” A sign of the high esteem in which Malcolm’s professional services are held is event in the fact that he has been requested to attend Court as an Expert Witness on over 50 occasions in the USA. Born in London in 1941, Malcolm earned a Bachelor’s Degree in Mechanical Engineering from Southall College, London in 1962; going on to achieve a Master’s Degree in Mechanical Engineering from the University of Bridgeport, Conn. in 1969. He received his doctorate in biomechanics from the University of Vermont in 1972 and Dr. Med. Sc. in medical science from Gothenburg University, Goteborg, Sweden in 1990. Having served as Associate Professor of Orthopedics & Mechanical Engineering and Director of the Orthopedic Research Laboratories

2013

at the University of Vermont from 1972 to 1975, Malcolm then took up the position as Professor of Orthopedic surgery from 1976 to 1994; Co-principal Investigator and Director of the Rehabilitation Engineering Centre from 1983 to 1991 and Director of the Rehabilitation Engineering Centre from 1991 to 1993. Malcolm’s many other honours include: Volvo Award 1980; Fellow Institute of Mechanical Engineers 1980; Ira Kay Memorial Award in Computer Simulation 1982; Fellow American Society of Mechanical Engineers 1985; American Back Society Annual Award 1987. Named McClure Professor of Musculoskeletal Research in 1988, Malcolm’s abilities shone through again a year later, when he achieved the American Arthroscopy Association O’Connor Award 1989, becoming a Fellow of the Ergonomics Society in 1991; a Fellow of the American Institute of Medical & Biomedical Engineering in 1992. With every year came another Award including the Vienna Award for Rehabilitation Research in 1992; the Bristol-Myer-Zimmer Award in 1993; and the American Association of Orthopedic Surgeons Kappa Delta Award in 1994. An international expert on the prevention and causes of low back pain, Malcolm has received numerous awards, including the 1996 Sir Frederic Bartlett Medal of The Ergonomics Society of England and the 1996 Kappa Delta Ann Donner Vaughn Award. The Vaughn Award, the highest given by American Academy of Orthopedic Surgeons, was won by Pope, together with colleague David G. Wilder, Associate Professor of Biomedical Engineering in


Professor Malcolm Pope

the College of Engineering and Senior Scientist at the Iowa Spine Research Center, and Marianne Magnusson, a former research scientist at the Centre. The Academy cited the three for their 15 years of pioneering research confirming that vibration associated with driving cars, trucks and other vehicles can produce lower back problems. Named Iceland International Professor by the Centre for Spinal Studies, Oswestry, England in 1995, Malcolm then received the Donald Julius Groen Prize of the Royal Academy of Engineering and the Institution of Mechanical Engineers, United Kingdom and was elected Fellow of the Royal Society of Medicine, London; having joined the UI faculty in July 1994 after serving as Professor of Orthopedics at the University of Vermont. Having been named as the recipient of the 1998 H.R. Lissner Medal from the American Society of Mechanical Engineers, for

Having successfully completed projects for Sophomore-Danek, Medtronics, Euclid Construction Vehicles, Malcolm has also undertaken research experiments not only in the UK but worldwide in the USA, Hong Kong and Sweden Sophomore-Danek, Medtronics, Euclid construction vehicles: Malcolm added: “My licence as a Eur Ing serves as a seal of approval to prospective clients throughout Europe.” Case Study: A major vehicle manufacturer had class action suits totalling $100M alleging back injuries were caused by vehicle vibration. I was able to show the vibrations did not exceed the International standard. Several US companies were sued because of failure of the pedicle screws used in spine fixation. I was able to examine the design and its rationale. As a past President of the leading Spine professional body (ISSLS), Malcolm is the author of 450 articles and 10 books.

outstanding achievement in Bioengineering, including “significant

FOR MORE INFORMATION CONTACT

research activity in knee and spine biomechanics and the publication

Professor Malcolm H. Pope

of more than 260 technical papers which have placed him among

Winchburgh, 25 Cameron Street

the foremost authorities in the field,” it comes as no surprise to

Stonehaven, Aberdeenshire AB39 2BL

learn that Malcolm was also selected by the American Society of

Email: malcolmhpope@hotmail.com

Biomechanics (ASB) to receive the organization’s highest honour

Tel: 01569 764 508

for scholarly achievement, the 1998 Giovanni Borelli Award.

Mobile: 07710 655 838


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Blackheath Medico Services is a gradually expanding of experienced Blackheath Medico Legal Services is Legal a gradually expanding Physiotherapy opinions in panel many cases brought before the Court can physiotherapy clinicians who can provide opinions on a range of clinical provide additional sensitive and objectiveareas criteria for to either support panel of experienced physiotherapy clinicians who can provide civil matters. or challenge other opinions, which will benefit the lawyer’s case. opinions on a range of clinical areas for civil matters. TheSchofield, clinical assessment by a physiotherapist “expert” may cast It was five Schofield, years ago by Zena Chartered Physiotherapist. It was established five established years ago by Zena Chartered doubt on other medical opinions and challenge their conclusions. Zena overtwenty twenty experience Physiotherapist. Zenahas has over yearsyears experience providing providing reports for the legal profession in Manual that have undergone and incriminal In 1997 wasphysiotherapists co-founder –ofthose Theprofessionals Medico Legal reports for theboth legal civil profession both civilareas. and criminal areas. she extensive post-graduate education in examination and assessment of The Chartered Physiotherapists and has lectured to lawyers and In 1997 she Association was co-founder of Medico Legal Association of neuromusculoskeletal management, evaluate signs, symptoms issues. of Chartered physiotherapists Physiotherapists and on hasmedico-legal lectured to lawyers and and dysfunction in a variety of ways which are additional to the physiotherapists on medico-legal issues. Prior to this, as Chair of the leading post-graduate educational group within routine manual medical testing procedures. Prior to this, physiotherapy as Chair of the leading educational – thepost-graduate Manipulation Association of Chartered Physiotherapists, Zena An unemployed man, Mr A, was a pillion passenger on a motorbike, group within oversaw physiotherapy the Manipulation Association the–launch in the early 1990’sofof the first European Master’s degree course when it was hit by a car, and he was thrown 13.72 metres up the Chartered Physiotherapists, Zena oversaw launch in the early the publication of a peer reviewed scientific in Manipulative Studiestheand negotiated road. The car insurance company accepted liability for the accident 1990’s of the first European course in journal – Master’s Manualdegree Therapy – Manipulative now subscribed to worldwide by several thousand but claimed that Mr A’s subsequent injury complaints were only Studies and negotiated the publication of a peer reviewed scientific clinicians. minor and that his low back pain amounted to only a strain, and journal – Manual Therapy – now subscribed to worldwide by several that 3 years later by the time of the trial, there was no reason why Blackheath Medico Legal Services panel of experts can provide opinions on a range thousand clinicians. he could not have returned to work as a felt roofer. His treating of areas including within musculo-skeletal and neurological conditions including adult rheumatologist upheld this view. Blackheath Medico Legal Services panel of experts can provide

and paediatric neurological disorders, work related and manual handling problems,

opinions on a range of areas including within musculo-skeletal and Six months before the trial in the August, Mr A was sent to the whiplash, spinal conditions and sports injuries. neurological conditions including adult and paediatric neurological expert by his solicitors with a brief to the therapist to try and decide disorders, work and manual handling problems, whiplash, Allrelated our panel of Experts are members of The the Chartered reason for theSociety severity ofof thisPhysiotherapists pain, and whether this could have spinal conditions andare sports injuries. with The Health Professions and registered Council. show been caused by his They accidentcan and what theextensive likely prognosis in relation

advanced level post-graduate qualifications and to his experience. functional abilities would be in the future. All our panel of Experts are members of The Chartered Society of Physiotherapists and are registered with The in Health Professions Following abefore details examination which showed no routine signs of Physiotherapy opinions many cases brought the Court can provide Council. They can show extensive advanced level post-graduate neural compromise, the therapist from her additional additional sensitive and objective criteria peripheral to either support or challenge other specific manual tests of joint and neural structures concluded that qualifications and experience. opinions, which will benefit the lawyer’s case.

2013

The clinical assessment by a physiotherapist “expert” may cast doubt on other medical opinions and challenge their conclusions.


Blackheath Medico Legal Services is a gradually expanding panel of experienced physiotherapy clinicians who can provide opinions on a range of clinical areas for civil matters. It was established five years ago by Zena Schofield, Chartered Physiotherapist. Zena has over twenty years experience providing reports for the legal profession in both civil and criminal areas. In 1997 she was co-founder of The Medico Legal Association of Chartered Physiotherapists and has lectured to lawyers and physiotherapists on medico-legal issues. Prior to this, as Chair of the leading post-graduate educational group within physiotherapy – the Manipulation Association of Chartered Physiotherapists, Zena oversaw the launch in the early 1990’s of the first European Master’s degree course in Manipulative Studies and negotiated the publication of a peer reviewed scientific journal – Manual Therapy – now subscribed to worldwide by several thousand clinicians. Blackheath Medico Legal Services panel of experts can provide opinions on a range of areas including within musculo-skeletal and neurological conditions including adult and paediatric neurological disorders, work related and manual handling problems, whiplash, spinal conditions and sports injuries. All our panel of Experts are members of The Chartered Society of Physiotherapists and are registered with The Health Professions Council. They can show extensive advanced level post-graduate qualifications and experience. Physiotherapy opinions in many cases brought before the Court can provide additional sensitive and objective criteria to either support or challenge other opinions, which will benefit the lawyer’s case. The clinical assessment by a physiotherapist “expert” may cast doubt on other medical opinions and challenge their conclusions.

1

Mr A probably had a central disc prolapsed at the low lumbar area of L5/S1. A routine MRI scan – which had not been previously done, was recommended. In response, the Defendant’s medical expert wrote that there was no evidence whatsoever that this could be a possibility and that “doctors, unlike physiotherapists, are trained not to believe everything that the patient tells them”! However in light of the physiotherapist’s opinion, one month before the trial in the March, a routine scan was performed and a huge central disc prolapsed was identified at L5/S1 level. Mr A’s level of compensation trebled. The judge commented particularly on the carefully documented and detailed assessment applied by the physiotherapy expert. Two of our panel of Experts are leading specialists within the UK in whiplash disorders. In the last five years there has been considerable progress in the methods of assessing and screening such patients, which now can help the lawyers recognise claimants that are likely to be at risk of poor recovery and in need of more complex long term medical support.

Specialised questionnaires and specific objective physical tests that have been used in whiplash research are now more frequently used by private practices in the clinical and medico legal setting, mainly by physiotherapists in private clinics. The standard Ministry of Justice form, which is routinely used in assessing whiplash patients at 6-8 weeks lacks clinical depth and often fails to identify those 1020% of whiplash patients who will still have chronic pain at 4 years. By using these now established measures, it is possible at this early stage of 6-8 weeks to identify those with Post-Traumatic Stress, widespread whole-body hypersensitivity and raised sensitivity to cold which are all high risk early factors associated with chronic pain patterns. These measures can better support the lawyer’s case and provide a realistic view of likely outcome for their client. We at Blackheath Medico Legal Services are committed to providing high level objective reports as we gradually expand our team of experienced clinicians.

Zena Schofield (M.C.S.P, M.M.A.C.P.)


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A private psychology practice based in Birmingham in the West Midlands, MIDLANDS PSYCHOLOGICAL SERVICES is the brainchild of founder, Dr Dennis Trent a Chartered Clinical Psychologist and an Associate Fellow of the British Psychological Society, who provides expert reports in the field of Child Protection/Custody issues, Pre-Sentence Reports, Risk Assessments, Fitness to Plead, Learning Disabilities and other court related psychological assessments. Boasting over 20 years experience in providing Psychology Services to the throughout the U.K. and abroad, it comes as no surprise to learn Midlands Psychological Services has built a strong reputation for providing the highest standards of service.

to a child. The 1995 British Psychological Society survey of legal reports suggests that nearly half (47%) of all such assessments are childcare related (Gudjonsson, 1996). Such risk assessments occur in child custody issues and in situations where children have been placed in care by an outside agency such as Social Services. Removal of the child from the family or the issuing of care orders is often due to suspected child abuse or neglect, or in cases where Social Services have been asked by the parent to accommodate the child because the parent cannot cope with the child.

A member of the American Psychological Association and the Royal Society of Medicine, Dr. Trent is certified with the Health & Care Professions Council, and as such maintains the highest standards of professional ethics guaranteeing a standard of service, which is both professional and accountable.

In a recent interview Dr. Trent went on to say: “At Midlands Psychological Services we have a long history of providing such reports to the Midlands area. In the past three years alone, such reports have constituted nearly 80% of the legal reports we have written. Whilst some of those have been focussed on child custody issues, the vast majority have been in cases were the children have been accommodated by the Local Authority due to allegations of physical, emotional or sexual abuse, or child neglect.

One of the many areas in which practising Clinical or Forensic psychologists are asked to contribute is when they are tasked with providing an assessment of the level of risk a parent may pose

Our assessments typically follow a simple dictum – we act entirely as a Friend of the Court. As such our focus is the child and the child’s protection. We will interview the parents, read all the documentation

2013


MIDLANDS PSYCHOLOGICAL SERVICES

and get other information from Guardian ad Litems and the Social Workers involved in the case. At the end of our reports we may make a number of different recommendations to the Court based on the assessment. We might, for instance recommend that a couple undergo further assessment in a residential parenting centre or we might recommend a period of therapy before consideration is given for the child to be returned. In extreme cases we may also recommend long-term foster care of the child or even adoption. We have defended our reports in court and are willing to liaise with the Local Authority after the assessment is completed to ensure that our recommendations and any concerns we may have are fully understood.” In addition to being Founder and Director of Midlands Psychological Services, Dr. Trent is a Past President of the International Council of Psychologists (ICP), an NGO under the United Nations, and has served on the organisation’s Board of Directors as well as Chairman of its Long-Range Planning Committee and Editor of the International Psychologist, the ICP newsletter. The high esteem in which Dr. Trent’s expertise in psychology is held is further highlighted by the fact that he has given lectures at Nottingham, Loughborough, Keele, Birmingham and Wolverhampton Universities, as well as guest lecturing in South Africa. Widely published in the area of Mental Health Promotion, Dr. Trent has also presented at numerous Conferences nationally and internationally. When asked about the range of Contracted Services the company provides, Dr. Trent replied: “In the past we have contracted with both

the National Health Service and various Local Authorities, providing quality psychological services that compliment the already existing non-contracted staff. In the present Health Services environment, contracting out specific areas of psychological service enables the NHS Trust to cover short term absences without the need for expensive recruitment procedures. When Midlands Psychological Services are contracted into an NHS Trust we can be targeted towards a specific goal. As a result we practice Psychology and nothing else, reducing waiting lists and freeing up staff for other duties. Midlands Psychological Services is good value for money.” Dr. Trent is also able to provide an individually tailored Therapy programme for clients who wish to maintain their anonymity or avoid the lengthy wait to go through the NHS route. “We are also happy to create a bespoke Anger Management Programme which will take the form of individually tailored Workshops carried out at the client’s premises.” For further information contact: Dr. Dennis Trent MIDLANDS PSYCHOLOGICAL SERVICES 6th Floor, Quayside Tower, 252-260 Broad Street, Birmingham B1 2HF Tel: (0121) 224-3051 Fax: (0121) 224 3252 Email: mps@midpsych.co.uk Website: www.midpsych.co.uk


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Cansford Laboratories

...leading the way in Drug and Alcohol hair strand analysis 2013


Cansford Laboratories is John Wicks’ second venture into the

unless a sample is taken every three days. It is far more difficult

commercial side of Drug Testing.

to cheat a hair test. The sample can be taken in an open room and

With a background in Clinical Biochemistry, he has been involved with drug testing through both therapeutic drugs and drugs of

witnessed with no embarrassment, whereas an observed urine sample is somewhat degrading.

abuse for over 40 years. In 1997, John created TrichoTech Limited

Instilling confidence in all; clients who use Cansford Laboratories

as a company to introduce hair testing for drugs to the UK. He sold

testing can be certain that they are not unknowingly taking on

the rights to the company in 2007 although, disappointingly the

someone who has a problem with drugs. If the person has skills

science and processes of drug testing were not developed by the

that outweigh the drugs risk then support can be put in place. The

buyers - John left the company in 2008.

test will detect use before the individual knew there was a job to

Following this set back, in Feb 2011, Managing Director, John Wicks and co-Science Director, Dr Lolita Tsanaclis started Cansford Laboratories to bring to market the advantages of new

apply for. On the other hand, urine testing has been described as an ‘intelligence test’. By abstaining for 3 to 4 days and staying well hydrated a user can defeat the test.

instrument technology ***that has improved the sensitivity of the testing coupled with advances in Laboratory Information systems to control the processes*** Today, each of Cansford’s assays are extensively validated by exchanging samples via industry proficiency schemes and the company have had their processes validated by the United Kingdom Accreditation Service (UKAS). The Directors are particularly pleased that their new brand, Chromatox has just been assessed against the ISO:17025 standard, which is internationally applicable

The company is focused on directing their efforts on those sectors that really need to know whether their staff have drug problems...

for testing laboratories. The company is focused on directing their efforts on those sectors that really need to know whether their staff have drug problems, including the Transportation Industry, Security Services, Police forces, Armed Forces and Factories with dangerous machinery

Revolutionising the industry John Wicks introduced Hair testing to the UK, whilst establishing

Testing in the workplace

his first company, TrichoTech. From 1997 to 2007, the company

Cansford Laboratory have rapidly developed to offer hair testing

in criminal proceedings. Hair testing has formed the backbone of

for drugs and oral fluid testing. Using these two sample types, the

drug assessments of parents in the family courts since TrichoTech

company’s experts can cover what someone is using today and

first introduced it.

what they have been using over months.

developed the testing for clinics, family care solicitors and for use

Active globally, Cansford Laboratories accept hair samples from

Hair testing has some major advantages over urine and oral fluid

anywhere in the world. The sample is very robust and stable.

testing for the security industry. It is particularly appropriate for

Cansford are looking to move forward by establishing relatively

those situations where ‘I really need to know whether she/he is

small laboratories in locations throughout the world with dynamic

using anything’. Urine cannot give the same level of confidence

teams to run them.


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2013


“Cansford is a laboratory consisting of highly motivated people committed to giving the best service possible...”

Recently, the pair have taken their experience to Brazil and

Active globally, Cansford Laboratories accept hair samples from anywhere in the world.

established a company, Chromatox, to deliver hair testing for drugs to Brazil from an indigenous Laboratory. Cansford Laboratories are also developing plans to do the same transfer of technology to Melbourne, Australia. In concluding, John explained: “Cansford is a laboratory consisting of highly motivated people committed to giving the best service possible. We consistently turnaround our testing within 3 days, for all samples. Our accreditation schedule includes more drugs than our competitors. We will deliver the right results, quicker than anyone else at a price that is no more expensive.”

Speaking of Cansford Laboratories future aspirations, John said:

Cansford Laboratories are based at Cardiff Medicentre and can be

“The company’s strategy is to take the technology as close to the

contacted on 029 206 82031. For further information, please visit

end user as possible. So, if we can see a continuing need, we

the company’s website at www.cansfordlabs.co.uk

will place a laboratory in any country in the world. All laboratories will operate to identical standards and communicate developments and best practice between them.” Taking his expertise and experience further afield, John has already spent some years in the Middle East setting up a drugs of abuse testing laboratory. And in partnership with co-Director, Dr Lolita Tsanaclis has published and actively developed the science over the last 18 years.


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For TOMORROW’s Genomic Technology.... TODAY Since it first entered the criminal legal practice, DNA has become an indispensable tool in fighting crime, allowing both unambiguous identification of the criminal by traces of biological material left at the crime scene, as well as acquitting innocent suspects. Understanding how DNA evidence is obtained and evaluated allows the defence to find pitfalls in the evidence and in data interpretation. A match between the defendant and a biological sample recovered from the crime scene does not and should not automatically mean conviction, even if it is a complete match. DNA is a means of identification and, as other means of identification, it is prone to errors, uncertainties and conflicting interpretations. As a trusted and ethical provider of genetic testing services within the UK and Europe, Medical Genomics has been at the front line of genetic research, as founder of the company Andrei Semikhodskii explained in a recent interview: “At Medical Genomics we will guide you through DNA evidence in your particular case, help you to understand how DNA evidence

2013

was obtained, whether it can be interpreted in a way different form that of the prosecution expert, explain what is the significance and the probative value of the evidence and how it can be successfully challenged in court in order to minimize its impact or even dismiss it completely. Our laboratory offers the world most accurate paternity testing as well as an extensive range of DNA tests for kinship determination, including twins zygocity, siblingship and grand parentage among others. In some cases, results of DNA testing may need to be presented in court. For this purpose we have legally accepted tests for determining paternity and maternity as well as DNA testing for immigration purposes. We will also provide Expert Witness testimony in court should this be required.” The company has published extensively in legal press on the use of DNA in legal practice including the book “Dealing with DNA evidence: A Legal Guide”, which, as the first of its kind, treats DNA evidence within the framework of English Law.


Boasting vast experience in providing DNA Expert Witness Services for the defence, the company expertise covers the whole range of DNA evidence: • STR genotyping: SGM, SGM+, Y-STR, LCN DNA testing • Analysis of mixed DNA profiles: mt DNA Analysis; RFLP genotyping; SLP; MLP • DNA data interpretation The company’s most recent cases include: R v Ashman (2009) Lewes Crown Court (unreported) R v Kamara (2009) Central Criminal Court (unreported) R v Browne (2008) Teeside Crown Court (unreported) R v Flowers (2008) Southwark Crown Court (unreported) R v Roberts (2007) Southwark Crown Court (unreported) R v Kent (2007) Peterborough Magistrate Court (unreported) R v Birmingham (2007) Kingston Crown Court (unreported) R v Grant (2006) Reading Crown Court (unreported) R v Brima [2006] EWCA Crim 408 R v Galvin (2006) Reading Crown Court (unreported) R v Coe (2006) Leeds Crown Court (unreported) R v Smith (2005) Reading Crown Court (unreported) R v Lawrence (2005) Reading Crown Court (unreported) R v Brima (2005) Central Criminal Court (unreported)

With genetic testing technology constantly evolving, the company strives to provide its’ clients with the best available service by testing each DNA sample twice; using state of the art DNA testing equipment to ensure unparalleled accuracy of results “The turnaround of 10-12 working days guarantees that our clients do not need to wait long for results of a paternity test or any other DNA test they ordered. Added to this our competitive prices make the tests affordable to anyone who requires them.” “At Medical Genomics we acknowledge the unalienable right of every individual to privacy and confidentiality and see it our duty to use genetic information ethically and respectfully,” Andrei added, “We remain committed to stand by this pledge and to abide by national and international legislation with regard to genetic and medical research and information. We feel responsible to prevent misuse of genetic and other information obtained in the course of our services.” If you would like to get expert opinion on DNA evidence in your case or obtain a quotation please contact: MEDICAL GENONOMICS Tel: 0844 567 1071 Email: dnatesting@medicalgenomics.co.uk Website: www.medicalgenomics.co.uk


Security Industry emag

Veterinary Forensic Entomology.

By Peter Bates, Ph.D., MSB., C.Biol., FRES – Veterinary Entomologist Forensic entomology is used by law enforcement agencies throughout the World to estimate the point of death (post-mortem interval or PMI) of a human corpse through the analysis of its invertebrate fauna. However, forensic entomology can also be applied to animal health and welfare. Under the Animal Welfare Act (2006) (updated 2007) it is an offence to cause unnecessary suffering to any animal. Reasonable steps must be made to ensure that the animal’s needs are continually met, including protection against pain, injury, suffering and disease (including parasite infections). In addition the Welfare of Farm Animals (England) Regulations 2007, allows for Codes of Recommendations for the welfare of animals to be produced. Although not statutory, livestock farmers are required by law to ensure that all those attending to their livestock have access to the relevant Codes for the species farmed. Although the main aim of the Codes are to encourage farmers to adopt high standards of husbandry, they may also be used to backup legislative requirements when a person charged with a welfare offence, fails to comply with the provisions of a relevant Code they may be relied on by the prosecution to establish guilt. Anyone found guilty under the Act may be banned from owning animals, fined up to £20,000 or sent to prison. Livestock can be attacked by a number of parasitic insects, mites or ticks living on the skin of the host (ectoparasites), all capable of causing considerable distress and possible death.. Consequently actions required to prevent or treat ectoparasites are included in the relevant Code of Recommendations. Failure to follow the Codes can result in considerable animal suffering, which can be considered unnecessary as effective chemical treatments are available to prevent or cure infestations. However, chemical treatment is not foolproof. The ectoparasite must be identified and the correct treatment applied. Skill is required in applying a treatment effectively, some products do not claim 100% efficacy and in some cases the ectoparasite has developed resistance to the treatment. Consequently, it is of paramount importance to differentiate cases of treatment failure from those of definite neglect. Sheep scab and blowfly strike, widespread ectoparasites throughout the UK, make up the bulk of veterinary forensic entomology

investigations. Scab, caused by the mite Psoroptes ovis, is a form of debilitating allergic dermatitis resulting in wool loss, intense irritation, epileptiform seizures, scab formation and death. In addition to the Animal Welfare Act 2006 the disease also falls under the Sheep Scab Order (1997), giving Local Authorities (LAs) the means to prosecute owners of infested sheep when they do not take appropriate control measures voluntarily. Ageing the duration of scab infestation (and therefore the period of neglect) is crucial to a successful prosecution. Unfortunately this is not easy. Early lesions are virtually undetectable, this “sub-clinical” phase can last for a matter of days, weeks, months or even years before the lesion progresses into the active (visible) clinical phase. The duration of the sub-clinical phase can be influenced by sheep breed, parasite virulence and previous exposure to scab. Thus the animal with the largest lesion is not necessarily the animal with the oldest lesion. Blowfly strike (invasion of living sheep tissue by larvae (maggots) of the greenbottle, Lucilia sericata), if not treated can cause considerable suffering and mortality within a flock. An estimate of the duration of strike on an individual animal is essential in order for a prosecution to be successful. One such method compares the species, life-stage (instar) and size of infesting larvae against standard larval growth curves for L.sericata. Although targeted to strike in live sheep, the method has also been used to age larvae taken from strike cases affecting cats, dogs, poultry, pigs and wildlife. Only a small proportion of the L. sericata population will strike sheep, the vast majority are involved in the environmentally useful tasks of disposing of dead bodies and carrion. Consequently, where dead sheep are concerned it is important to know if the animal died from the effects of blowfly strike or was struck after death. Another aspect of veterinary forensic entomology regards the EU Animal By-Products Regulations, brought into effect in May 2003, prohibiting the on-farm burial or burning of fallen stock (i.e. animals that have died through natural causes) due to the risk of disease spread through groundwater or air pollution. Animals must be taken to/collected by an approved agent for incineration. Prosecutions can occur when carcases are left in situ or illegally dumped. In these cases it is possible to determine the PMI of these carcasses and therefore how long the carcase has been abandoned.

TEL: 07710 412008

2013

EMAIL: pgj.bates@ntlworld.com


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Forensic Firearms Consultancy Ltd Despite having only been trading for some 14 months, Forensic Firearms Consultancy (FFC) Ltd., is already making its mark in the Forensic Firearms Sector of the marketplace - providing expert input in all types of cases involving the use of firearms and the analysis and interpretation of gunshot residue (GSR). The company is the brainchild of founders Mark Mastaglio BSc FFSSoc - Director of FFC’s Firearms Delivery Service and Angela Shaw BSc MFSSoc - Director of FFC’s Firearms Chemistry service. Below is a sample of the types of criminal cases for which FFC is able to offer specialist advice: • the legal classification their components;

of

firearms/ammunition

and

• the reconstruction of shooting scenes; • the interpretation of autopsy wound ballistics findings; • the assessment of potential antique firearms; • the determination of the type of firearm used at a crime scene; • the determination of whether or not a particular firearm was used to discharge recovered ammunition components; • the range of fire, • the classification of air guns and determination whether or not an air gun discharged a specific pellet, the classification of antipersonnel sprays and electric stun devices, • whether or not a firearm should be regarded as a disguised weapon, • the classification of imitation firearms and their convertibility, • assessment of deactivated firearms, • the analysis and interpretation of GSR findings and complex case review’ The company is also involved in: • the analysis and interpretation of GSR samples and putting

2013

such findings in the context of the case with specific regard to the possibility of contamination. FFC has a wide range of clients and stakeholders, including: • Defence Solicitors • CPS • the CJS • Academic Institutions • Law Enforcement Agencies • Security and Technology companies • Forensic Science Institutions, along with regulatory and cold case review bodies. The following example illustrates how compelling FFC generated evidence can be when presented in Court: • Case 1: Mr D was charged with Murder following the fatal shooting of a well-known Glasgow gangland figure. It was alleged that Gunshot Residue (GSR) associated Mr D with the killing. FFC was instructed to look into how the GSR was recovered, analysed and the results interpreted. Angela Shaw, FFC’s Director of Firearm Chemistry, determined that the results had not been interpreted within the context of the case and that contamination was a significant consideration. The GSR evidence was ruled inadmissible by the Trial judge at Glasgow High Court In May 2012 and Mr D was acquitted of Murder. By drawing on the skill and expertise of a highly dedicated team FFC is also able to provide a Consultation Service in developing Quality Assessment and Audit, together with Competency criteria to the ISO17025 standard. The following are examples of the FFC Consultancy Service: • Project 1: In 2012 FFC assisted the Home Office Forensic Regulator in helping to draft the Appendices to the Codes of Practice and Conduct for firearms and GSR examination. Both projects


- providing expert input in all types of cases involving the use of firearms and the analysis and interpretation of gunshot residue (GSR).

were delivered within budget and on time. • Project 2: FFC were commissioned by the manufacturer of a prototype, so-called straight-pull, rifle with a view to assessing its classification. FFC advised on the steps to be taken to ensure that the rifle would not be classified as a prohibited weapon. The rifle has now gone into production and the FFC classification has not been challenged. Mark added: “We are also able to provide training packages relating to Forensic Firearms/GSR and associated Quality issues can be developed and delivered, which can be individually tailored to meet the client’s specific needs.” As you would expect from such a quality-conscious organisation, FFC is Sweet and Maxwell certified for 2013; with any analytical CJS work for GSR being carried out in laboratories accredited to ISO17025. It comes as no surprise to learn the company regularly receives testimonials from satisfied clients, such as the following: “Over a number of years Mark Mastaglio has provided detailed reports and oral testimony in many high profile and difficult firearms cases with which I have been involved. Most, if not all of these cases resulted from complex murder investigations, often where several firearms were discharged. His knowledge of his area of expertise is vast. I have always found Mark to be diligent and thoroughly professional, consistently demonstrating his expertise. The quality of his evidence, both written and oral, is always exemplary. What stands Mark out as the firearms expert of choice is not only the quality of the evidence he provides but how he delivers it in court. He is an assured performer in the box, having the ability to explain highly technical ballistics issues in terms the layman and woman can

understand. He is for many, myself included, the premier firearms forensic scientist and I have no hesitation in recommending him.” Anthony Orchard QC “The report was prepared in a timely fashion and Angela Shaw was extremely helpful despite the difficulties of 6 hours of time difference and different and unfamiliar jurisdictions. Ms Shaw’s report was extremely useful for effectively cross-examining the Crown’s expert witness and all her findings were accepted by the Crown’s witness.” Lucy Organ, Samson & McGrath Solicitors, Cayman Islands. When asked about the company’s future plans for development, Mark went on to say: “FFC will continue to grow its market share in the independent forensic firearms sector. We are actively working to achieve a truly global reach and will continue to consolidate and grow in the UK. We look forward to an exciting future, secure in the knowledge that our unique experience profile and vision will drive us onwards to become the premier choice for all those who require truly independent forensic firearms work.” FOR FURTHER INFORMATION CONTACT: FORENSIC FIREARMS CONSULTANCY LTD Tel: Mark Mastaglio - 07919 217 848 I Angela Shaw - 07919 392 397 Email: enquiries@forensicfirearmsconsultancy.com Website: forensicfirearmsconsultancy.com


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Mr. R.E. CLIFF (F.B.L.I.)   

2013


Mr. R.E. CLIFF (F.B.L.I.)

 “Forensic Locksmithing is the study and systematic examination of a lock or other security device or associated equipment using scientific methods to determine if and how the device was opened, neutralized, or bypassed. These examinations include the use of various types of forensic techniques, as well as microscopic examination, microphotography, regular photography, physical disassembly of the device or devices, and on occasion laboratory techniques, such as metallurgy and tool mark identification may be conducted.” Don Shiles, Former President, Intl. Assoc. of Investigative Locksmiths It’s vital for solicitors and barristers that work within criminal prosecution or defence to secure an Expert Witness statement from a professional Forensic Locksmith. In order to achieve this a Forensic Locksmith requires knowledge in several areas: • • • • • • •

Locksmithing Crime Scene Investigation Photography Microscopy and Microphotography Evidence Collection & Preservation Written Communication (Investigative reports) Verbal Communication (Expert testimony)

Having been in the trade since 1978, and worked as a Master Locksmith since 1980, Ron E. Cliff F.B.L.I., specialises in providing Forensic Examinations of locks, keys and security devices; together with analysis of vehicle keys. Working as a single or joint Expert Ron has built-up an impressive reputation for providing accurate, unbiased evidence in Criminal & Civil Courts dealing with all legal aspects of Report Writing. The comparison of tool marks that are conducive to a known tool mark library If the vehicle has not been recovered expert opinion evidence based on acknowledged, up-to-date information together with the

study and experience on the subject is given. In order to ascertain how a vehicle was stolen, or a property was entered unlawfully, Ron analyses the appropriate keys, utilising various techniques including microscopic methods, photography or various scientific methods within a laboratory setting. Ron is then able to draw on his years of expertise to analyse unique traces of evidence that to the professional eye will reveal how a vehicle or house door or lock was opened and in the process, what security measures were breached or neutralised. A Fellow of both the Expert Witness Institute (E.W.I), and the Master Locksmith Association, Ron is also a Founder Member of the Auto Locksmith Association and the European Chapter of A.L.O.A. Added to this Ron is also a Member of the International Association of Investigative Locksmiths (I.A.I.L), as well as being a Certified Member of the International Association of Auto Theft Investigators (I.A.A.T.I). Holding Membership to such a vast array of elite bodies within the sector serves as a seal of approval to prospective clients as to the high level of quality forensic investigation work they can expect from Ron Cliff. If you need an independent Expert Witness within the area of lock or key examination then Ron Cliff has the expertise and skills to provide a truly professional service. FOR FURTHER INFORMATION CONTACT: Mr. R.E. CLIFF F.B.L.I. 46 Beechmount Avenue, Hanwell, London W7 3AG Tel: 020 8578 7995 Fax: 020 8840 3305 Email: recliff@aol.com


FORENSICS INDUSTRY E-MAGAZINE

Graham Oakley CRASH DETECTIVE LTD

LOOKING FOR AN EXPERT WITNESS FOR AN RTA? Great Britain has one of the best road safety records in Europe and the world. Despite a huge rise in traffic over the last few decades, the number of people killed on our roads has fallen from around 5,500 per year in the mid 1980s to well under 2,000 in 2011. However, the number of deaths rose in 2011, from 1,850 the previous year to 1,901. This means that five people die on Britain’s roads every day.* In the aftermath of a Road Traffic Accident (RTA) it’s vital for those in the Legal profession to seek the services of a professional Expert Witness who has the knowledge and expertise required to prepare high-quality written evidence and reports providing independent, constructive opinions relating to the incident. With court proceedings

2013

being highly expensive and time consuming, it is essential that an Expert Witness is able to handle the court process with confidence and competence. That’s exactly what you can expect to receive from Accident Investigator (RTA),Graham K. Oakley AIRTE, MIMI, AMSOE, who has built-up an impressive reputation for his commitment to best practice and compliance in acting as an Expert Witness for RTA’s. An Associate Member of the Institute of Road Transport Engineers, Member of the Institute of the Motor Industry and Associate Member of the Society of Operations Engineers, Graham is able to draw on


Graham Oakley CRASH DETECTIVE LTD

his vast experience in the Police Force, including having attended more than 1,000 accident scenes in his 30 year Police career, as he explained in a recent interview: “My 23 years experience with the Traffic Division of Essex Police, 14 of which (1983 - 98) was with the force’s Traffic Investigation Unit, where I gained extensive experience of giving evidence in Coroner’s Court, Magistrates’ Court, County Court and High Court, gave me a sound grounding to handle all aspects of road traffic accident claims as quickly and professionally as possible.” On retiring in 1998, Graham set-up his own business Crash Detectives Ltd from which he offers a wide range of professional services to clients throughout the UK and in Europe including: • Investigation and scientific reconstruction of RTAs • Tracing, interviewing and taking statements from witnesses • Accident scene scale plans and photography • Video recording and presentation • Traffic volume and/or speed data collection surveys • Tachograph chart analysis • Mechanical inspections of all types of vehicles • Legal aid and single joint expert instructions undertaken In 1983 Graham became a founder member of a Police Forensic Collision Investigation Unit, a post he held until retirement: “During my Police career I attended many courses on advanced driving, collision investigation, motor vehicle examination, traffic law and technology related to motor vehicles.”

In addition to becoming a Police first class advanced driver, I am also the holder of both passenger service vehicle (PSV) and heavy goods vehicle (HGV) driving licences. For many years I assisted the Ford Motor Company with testing and development of pre-production road vehicles and I have received training for both racetrack and off road driving.” Having received instruction in the role of single joint expert and given evidence at all levels of judicial proceedings from Magistrates Court to High Court, Graham frequently receives instructions from the Police Federation of England and Wales, the AA and the RAC: “I have also acted as a Consultant Adviser to a television company, film company and major tour operator, as well as having made presentations to government ministers in Russia, Azerbaijan, Kazakhstan and Ukraine on the subject of collision investigation.” Therefore, it comes as no surprise to learn Graham has been approved for inclusion in directories of UK Register of Expert Witnesses, Society of Expert Witnesses, Expert Witness-Expert Consultant and the Association of Personal Injury Lawyers. To view a number of Case Studies on projects Graham has successfully completed visit website: www.crashdetectives.co.uk TO FIND OUT MORE CONTACT: Graham Oakley CRASH DETECTIVE LTD Email: enquiries@crashdetectives.co.uk Tel/Fax: 01245 323246 Mobile: 07768 792341 * Statistics provided by RoSPA


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