forensic industry emag

01001010000111101010101111001010101111100110011101000010011110000000101011000010101 00011110001110010101001001010101010001010101110010101010101010100000011111000101010 01001000100101001010010111001010010101010110010101100101010010100000000000010100000 10010101010111100100100101010101110100101010100001010010111111110100101010101010101

FORENSICS INDUSTRY

01001010000111101010101111001010101111100110011101000010011110000000101011000010101 E-MAGAZINE & EXPERT WITNESS GUIDE 00011110001110010101001001010101010001010101110010101010101010100000011111000101010 MEET OUR FORENSIC ACCOUNTANT OF THE YEAR

Chris Makin

Forensic Accountant

Need an exper t witness to assist your case?

See inside this issue for exper t help on of fer.

Latest in digital forensics - we inter view some of the countr y’s leading exper ts.

OCTOBER ISSUE

Electrical failure investigations - we have have the answer!

Road Traf fic Accidents... who can help?

See inside for help and advice!

Security Industry emag 2013

FORENSICS INDUSTRY

E-MAGAZINE

AWARD

NEWS

Forensic Accountancy Award Winner for 2013 The Directors and Senior Management of the Forensics Industry E Magazine are delighted to announce Chris Makin as the deserving recipient of the much coveted Award for Forensic Accountancy Services in 2013. The Award recognises Mr Makin’s reputation as a highly valued Expert Witness, his experience within Chartered Accountancy, and his critical involvement in many disputes involving Corporate and Civil cases.

Chris Makin qualified as a chartered accountant 40 years ago, and practised in the “boring” areas – accounts, audit, tax, business advice – for 15 years. In 1988 he was asked to help defend the

2013

chairman of Barlow Clowes, which had collapsed with debts of £150million; this was the first big infamous Ponzi scheme. With a team of 6 assistants he had to assess van-loads of evidence from the Serious Fraud Office, and his report of 43 ringbinders was agreed by the Prosecution, leading to the chairman’s “Not Guilty” verdicts on all charges.

Chris was hooked, and he has practised full-time as a forensic accountant, expert witness, mediator and expert determiner ever since. He loves the courtroom, having given expert evidence about 80 times, and he has conducted a similar number of mediations, with an 80% settlement rate.

Chris Makin

Chris Makin

Forensic Accountant Chris has vast experience in all manner of legal cases, including professional negligence, director disqualification, shareholder and partnership disputes, insurance claims, product liability, family, personal injury, fatal accidents and crime, as well as lecturing and training. He is a much respected author of legal papers.

Versatility is key to the role of a forensic accountant. Chris offers a wide range of dispute resolution methods as an accredited forensic accountant, accredited expert witness, accredited mediator and accredited expert determiner. He finds mediation particularly satisfying, when he can help others to settle their differences in their own way, and avoid the horrors and expense of a trial.

Dedicated to helping others, Chris is an active fellow of the Academy of Experts - of which, there are only sixty worldwide - and sits on the Academy’s investigation committee. He is an examiner in mediation and expert determination. At ICAEW (Institute of Chartered Accountants in England and Wales) he sits on the Forensic committee, the Ethics Advisory committee and the Support Member steering group. He acts as a Support Member, or honorary counsellor for chartered accountants facing disciplinary and other ethical problems.

A highly experienced and respected chartered accountant, Chris understands business; he wrote a chapter for Kemp & Kemp The

FORENSICS INDUSTRY E-MAGAZINE

Quantum of Damages to explain business, financial accounts and how to quantify losses in a style which “even” barristers and judges could understand!

Chris offers a professional, objective and independent opinion on cases where the common factor is that money or valuable assets are involved. This Award-winning chartered accountant has also been instructed to work on many ‘structured collar’ cases, involving the big banks of the UK and smaller businesses.

2013

‘Structured collars’ are interest hedging agreements sold to SMEs, as “protection” against interest rises. The FSA/FCA have ruled that they were mis-sold in 90% of cases, and that compensation must be paid. Some 30,000 SMEs are entitled to compensation, and Chris’s task is to quantify the loss of profits and other costs and losses arising from the damage caused to a business where £250,000 a year or more has been paid to the banks under these mis-sold contracts. His findings are typically that compensation of £1-3million should be paid. At the time of writing, only 10 of the

Chris Makin

Chris has vast experience in all manner of legal cases, including professional negligence, director disqualification, shareholder and partnership disputes, insurance claims, product liability, family, personal injury, fatal accidents and crime, as well as lecturing and training.

30,000 cases have been concluded, but it is said that Vince Cable the business minister is keeping a close eye on progress.

The main attraction in using Chris as a forensic accountant and expert witness is that it costs nothing to find out if he can add value to your case.

He provides an initial review with no obligation to instruct him.

If the case doesn’t proceed any further than the initial review, there is no charge and all paperwork is destroyed. If the matter does proceed the time spent on the initial review is included in the fee quoted, and only when terms are agreed is a contractual relationship established.

Over the last 25 years Chris has acted in hundreds of personal injury and fatal accident cases, both large and small. He acted for the dependents of 5 of those killed in the Selby rail crash, for example, and he currently has several mesothelioma cases.

The pattern is 50% for claimants, 30% for defendants and 20% as Single Joint Expert. When acting for claimants, his figures are mostly accepted even after detailed review from the other side, but

when acting for defendants he has made significant savings. And with so many appearances in court as an expert witness, judges are used to relying on his opinions, too.

Chris has a vast experience in matrimonial cases. With business and share valuations being a large part in these cases, Chris can advise on a tax-efficient way to withdraw assets from the marriage.

Criminal cases have involved money laundering, drug trafficking and taxation offences.

When it comes to hiring a forensic accountant, Mr. Chris Makin certainly has the experience required. As well as offering his valuable no obligation review, the work completed will be to an impeccable standard and hard to beat. Forensic Industry E Magazine is proud to make this most deserving award.

For fur ther information, please call Chris Makin, Forensic Accountant on 01924 495888 or email enquiries to: chris@chrismakin.co.uk

FORENSICS INDUSTRY E-MAGAZINE

For over 26 years, Emmerson Associates has maintained their leading position within the Forensic Science sector by drawing on the vast experience of their dedicated team of Forensic Consultants who provide a wide range of services for clients throughout the UK and abroad, dealing with many serious and high profile cases. Some of their experts are accredited experts for the ICC at The Hague.

In a recent interview, Managing Director, Nicola Beckwith-Elliott explained: “Collectively, our forensic experts and accident investigators have many years’ experience within the Government forensic laboratories, as well as Police and private practice. This knowledge enables us to provide reliable and independent forensic science services, as well as acting as Expert Witnesses.

A sign of the esteem in which Emmersons experts are held is evidenced by the number of commissions received to re-examine cases previously examined by the Crown’s experts. We review this work and report upon it.”

The company can also review forensic findings and provide comments or responses to specific queries raised by instructing solicitors or Queen’s Counsel. “Once instructed, we undertake responsibility for all arrangements; including exhibits transfers, laboratory examinations, contacting the OIC through to making an appointment with the Prosecution Expert.”

An interesting knock-on effect of the phenomenal increase in recent years of fraudulent insurance claims is the fact that Emmerson

2013

Associates has seen a vast rise in the number of requests received from insurance companies themselves wishing to instruct an ‘expert’ to investigate the matter and provide a report in order to mitigate or reduce their liabilities.

“Many types of evidence can be gleaned with regard to various insurance claims, not solely road traffic matters,” added Nicola. “Our many specialist skills range across the board and include DNA, drugs, alcohol-related cases, document alterations, fingerprints, CCTV and footwear marks. We are therefore able to provide an individually tailored solution to meet your specific forensic needs by using the most suitable expert to achieve the best results possible.”

Emmerson Associates also keeps abreast of technology matters and offers forensic analysis of computers and mobile telephones, including cell-site reports and forensic imagery analysis; covering facial, body mapping and height analysis, CCTV footage and enlargement and enhancement of poor quality footage.

Now, as part of a continual commitment to extend and develop the range of services it offers, the company is also able to provide surveillance services. Some of the cases we have assisted in this way include:

“A sign of the esteem in which Emmersons experts are held is evidenced by the number of commissions received to re-examine cases previously examined by the Crown’s experts...”

• ID photography

• CCTV analysis, photography and video

• Vehicle tracking

• Death by dangerous/careless driving

• Commercial theft enquiries

• Locus inspections/scale plans of collision scenes

• Installation of cover/overt camera systems

Having been listed and checked by the English Law Society, Emmerson Associates strives to maintain the high professional standards for which it has become known. It can come as no surprise, therefore, to learn that the company’s scientists boast many accreditations including holding membership of the Association of Personal Injury Lawyers, Academy of Experts, Society of Expert Witnesses, The Institute of Traffic Accident Investigators, Sweet & Maxwell, UK Directory of Expert Witnesses, Forensic Science Society and the Royal Society of Chemistry.

• Benefit/fraud investigations and injury/fraud investigations • Marital differences/ASBO harassment/residential disputes Emmerson Associates is one of the few independent forensic companies to offer expert advice covering PIDs (Personal Identification Devices), more commonly known as ‘home curfew tags’ which regard to accidental or deliberate removal.

Emmerson Associates also deals with a great many cases involving road traffic matters; providing Expert Witness services in all areas of forensic road collision investigations, analysis, reconstruction and associated evidence in both criminal and civil cases. These include, but are not limited to • Staged collisions • Forensic examination of stolen vehicles • Personal injury claims arising from road traffic collisions • Driver’s hours disputes involving tachograph regulations and route tracing • Forensic examination of keys, tyres, light bulbs, vehicles and components • Alcohol-related cases (breath, blood and urine)

As you would expect from such a quality-conscious operation, all reports and statements prepared by the company are fully compliant with Part 33 Criminal Procedure Rules and Part 35 Civil Procedure Rules.

TO DISCUSS YOUR INDIVIDUAL FORENSIC REQUIREMENTS CONTACT : EMMERSON ASSOCIATES 2A MERRYLAND, ST IVES, CAMBRIDGE, PE27 5ED Tel: (01480) 460 116 Fax: (01480) 460 117 Email: info@emmerson-forensic.co.uk

FORENSICS INDUSTRY E-MAGAZINE

A Forensic Odontologist in simple terms, is a dentist that specialises in interpreting dental evidence for the courts.

The work of a Forensic Odontologist mostly covers the identification of human remains as the dental condition of a body gives a good indication of age at the time of death – therefore reducing the number of ‘missing persons’ being considered.

The dental records of a missing person are compared to the dental condition of the body and the identification is then, often confirmed.

The Odontologist will prepare a written report for the Coroner in court of law.

Bite Mark Analysis Assailants occasionally leave tooth mark on their victim’s bodies.

Unlike a bruise or black eye, teeth marks leave distinct characteristics which can identify and lead to a prosecution or, on the other hand, may exclude other suspects from the investigation.

Teeth marks change with time as they heal. In live victims the first person to suspect a bite mark is never the Odontologist, thus it is vitally important to obtain a good undistorted photograph of the marks as soon as possible.

In homicide investigations, a Forensic Odontologist is able to provide detailed information regarding injuries to the head, as well as injuries that have been made by the teeth of the assailant.

Impressions of the suspects teeth are compared, using a measured photograph of the cast, to images of the injury. The Odontologist can then give an expert opinion as to whether the suspect can be excluded from the investigation or not.

In recent years, the work of an Odontologist has evolved from examining teeth in the mortuary to attending police stations to assess the marks on the skin of a victim, therefore leading to the Forensic title.

It is not unknown for faked bite marks to reach court. Self inflicted bites, which are deemed as definitely to be caused by teeth can be analysed using the accused’s teeth patterns and using a logical approach to

2013

determining the area that has been bitten and, if in fact, the alleged victim could have inflicted the would themselves. Comparison of the accused teeth with a measured, distortion–free photograph of the mark will eliminate suspects and prove the marks to be faked.

Age Estimation The development of teeth follows a fairly regular time table. Following an examination, a Forensic Odontologist can provide an accurate estimation of age for individuals of up to 21 years old. Examples of these type of dental examinations have been used to determine the rights of young asylum seekers carrying no documentation. However, an x-ray is also required to be taken for accuracy and, with issues of consent, can be difficult to attain; particularly as the subject is aware that the younger their appearance, the ‘better’ entitlements they are likely to receive in the UK. After the age of 21, age estimation through dental examination becomes more difficult. The Odontologist is required to assess wear on the tooth surfaces and has the need for certain information such as an idea of the culture in which the person lived.

Disaster Victim Identification In cases of disaster or accidents where there are fatalities, bodies will be found without the necessary paperwork to identify them. The police will access a list of ‘missing people’ and sought dental records to identify the bodies.

However, in larger scale disasters, a higher level of identity is required and visual identification is not acceptable on its own. Dental identification is used in these circumstance to exclude potential matches - reducing the odds for other agencies.

Dental evidence has played a significant part in the identification of victims in many disasters and global catastrophes including; the 7/7 London Bombings, the South East Asia Tsunami, the Concorde crash

in Paris, the Mont Blanc Tunnel fire, the Zeebrugge Ferry disaster and many others.

Expert Identification Identification of the dead is not usually a problem. People are usually identified by relatives or through documents such as passports and hospital ID bracelets. However, if a death triggers an inquest, one of the Coroner’s duties is to determine identity beyond reasonable doubt If, for instance, the face of the fatality is too disfigured, the value of photographs and identification documents comes into question.

Contrary to the impression given by the media, the next step is not facial reconstruction or DNA. The Coroner will request the opinion of a Forensic Odontologist. The expert will compare the dental records available for a ‘missing person’ with the dental features of the unidentified body. If the characteristics coincide, this evidence will be added to other evidence to establish the identity of the individual.

Call in the expert Dr Simon Crewe has been practising Forensic Odontology since 1999, after qualifying through his Father’s own practice in Plymouth.

Dr Crewe today works with local Police Homicide teams, Coroners, local Paediatricians, Child Abuse Investigation Units, detective teams investigating rape claims and increasingly with lawyers defending a client.

He retired from general practice in 2003 but regularly volunteers his expertise with Mercy Ships, providing dentistry from makeshift facilities across countries in West Africa.

In 2005, Dr Crewe worked in Thailand with the Thai Tsunami Victim Identification Team.

For further information, please call Dr Simon Crewe on 01752 668 253 or visit www.simoncrewe.co.uk

Security Industry emag

Information and Communications Technology Patent Litigation - Choosing and Using an Expert Witness

ICT Patent Litigation Any company becoming involved in a lawsuit over an ICT patent, whether

of fundamental importance. Multi-billion-dollar patent infringement claims

alleging infringement, or having infringement alleged against it, has good

and judgments are arising in these sectors at a seemingly unstoppable pace.

knowledge concerning the technology at issue and how it relates to the

It has been estimated that there may be around 2,000 such lawsuits on foot

business of the company. The company will want to assist its lawyers with

at any one time in the US courts in this one area of ICT patent litigation alone.

the identification of appropriate outside experts; and the company and its attorneys may want to engage different experts for invalidity issues, and for infringement damages.

In my experience, expert testimony is a vitally important component of such ICT patent litigation. Selecting an expert with excellent experience, credentials and communication skills is often the bedrock of effective litigation and may even make the difference between winning and losing. Thorough expert research, investigation, analysis, findings, conclusions, opinions and testimony can potentially make or break a case. In the USA, ICT patent litigation has become a particularly lively activity demanding experts, where what have been referred to as the ‘mobile phone patent wars’ have for some

There are perhaps three critically important activities involved in choosing and using any expert witness for ICT patent litigation: • Finding a good outside expert to testify; • Preparing the expert for examination of the expert’s testimony at trial; and • Incorporating the expert’s opinions into the litigation strategy.

This article focuses on the first of these essential activities. I emphasise that I am not a lawyer and that these comments are simply based on my understanding of and experience as an expert acting in US ICT patent cases, drawing also on Reference [1].

time been raging. Such litigious battles involve almost all of the major global

The chosen expert has to inform and educate both the court, and the members

brands and companies in a massive industry characterised by relentless

of a jury, on many topics that are beyond the latter’s normal experience, and

product development and constant innovation in mobile communications

where the technology is likely to be foreign to them. In addition there arise in

devices, technologies and markets, for which ‘patent protection’ is therefore

US patent cases techno-legal concepts associated with:

2013

administration and other support and resources. This enables the inside expert to devote effective and productive time and energy to the relevant and sustained tasks that will then inevitably arise in progressing a long and complex ICT patent litigation action. Finding also a good outside expert then becomes an early and crucial step in building a successful litigation strategy.

Personal recommendation, and reference to established online and printed directory resources, such as the special section just for experts in Trial magazine, can assist significantly in this search.

Searching for a Good Outside Expert: Qualifications and Competence The outside expert has to be qualified regarding the issues he or she is to address. The expert must also be a compelling, authoritative and effective communicator. It has often been observed that US jurors will accept the testimony of the most credible witness even if they do not fully understand the testimony. Other factors are also important to be considered when assessing the competence of a potential outside expert, including in particular: education, practical experience, publications, prior testimony and demeanour.

Education:

There is little argument that academic and professional

pedigree helps to establish the credibility of an expert.

This includes

appropriate advanced university degrees, together with Chartered status of relevant professional bodies and institutions (for ICT patent actions, these would include for example those for Computer Science, Mathematics, Physics, Electronics, Engineering, Production, Business, Management and Economics disciplines).

Experience: Practical experience is also vital. An academic with no • Claim Construction/Interpretation.

• 35 U.S.C. § 103 Prior Art. • The Doctrine of Equivalence.

• ‘Convoyed Sales’ [2].

Inside Expert Often the first step in forming the expert team is for the company and its counsel to identify an inside expert to assist with the case, who can:

practical experience may be open to attack for being too theoretical. Also, in some areas of ICT, there simply may not be a qualified academic available either at all, or to compare with a senior and experienced ICT practitioner having track-record and professional standing and experience in the relevant ICT industries, markets and business applications; and in project/product management principles, customs and practices.

Publishing: Ideally, a potential expert witness will have been the author of (numerous) articles in the subject matter of the ICT issues that he or she will

• aid counsel to stay focused on the business goals underlying the case;

be asked to address.

• help to identify the best outside expert(s), especially on technology issues;

Prior testimony: An expert’s previous experience in testifying ought to help

• assist the outside expert in applying, for example, legal principles and

increase his or her effectiveness. Prior experience of giving testimony in

esoteric industry custom and practice, terms of art etc to the specific

court should assist in avoiding the downgrading of the value of the expert’s

business claims at issue; and

responses during cross-examination in the eyes of the jury simply through

• provide realistic and frank reports as to the status of the case (as these communications may be covered by attorney-client privilege, while the outside expert’s may not).

apparent ‘nerves’ and an impression gained of the expert’s own lack of confidence in the expert’s findings and opinions.

Demeanour:

Calm, courteous, unshakeable responses under cross-

When an inside expert is identified, his/her appointment should be

examination usually assist in better communication of key principles and

accompanied by the company’s commitment, backing and appropriate

insights in a clear and compelling fashion, and ideally where they have been

Security Industry emag

arrived at by the expert in as ‘objectively justifiable’ a manner as possible. (On

experience has led to the expert opinions given. I find it a sobering thought,

the other hand, an obviously trial-savvy ‘hired gun’, of the type occasionally

and one to which I personally pay great heed in carrying out my own expert

appearing in some courts may simply seem too untrustworthy and ‘slick’ to

investigations and analyses, that, in the extreme, all an expert’s testimony

earn any great credibility).

may be excluded by the Judge as lacking in ‘intellectual rigour’ [3].

The Daubert Challenges

Bibliography

One aspect of engaging an outside expert for US patent cases which is

[1] http://www.sutherland.com/files/Publication/c488e565-d90d-4196-a449-db94bb91c300/

becoming increasingly significant is that of trying to verify that he or she will withstand inevitable challenges by the opposition, in particular those referred

Presentation/PublicationAttachment/cb411dab-72da-405b-a7f5-a10c0a2fa153/IP05%20 Sutherland.pdf Sutherland Asbill & Brennan LLP, Atlanta, GA, United States

to as the Daubert Challenges. The ‘Daubert trilogy’ consists of three US

Exploiting expertise: Effective use of expert witnesses in patent litigation

Supreme Court cases setting certain threshold standards for admitting

[2] http://www.fr.com/damagescategory1/Generic.aspx

expert testimony:

Category 1: Convoyed (or Collateral) Sales Damages for Unpatented Items

• Daubert v Merrell Dow Pharmaceuticals; • Kumho Tire Co v Carmichael; and

[3] http://www.lexology.com/library/detail.aspx?g=8960e8a7-e4b5-4015-b5e8-66b25741bd0f Judge Posner’s exclusion of damages expert witness testimony: a pivotal ruling in the smart phone patent litigation wars Lane Powell PC Paul D. Swanson June 18 2012

• General Electric v Joiner.

Sitting by designation, Circuit Judge Richard Posner is presiding over one of smart phone patent

It is District Court Judges who, by the outcome of these cases, have been put

He is arguably America’s most gifted and influential living jurist—bar none. Judge Posner’s recent

in control of determining whether the expert testimony submitted is reliable enough for admission at trial; and the Daubert trilogy apparently gives Judges broad discretion for making such a determination. Trial attorneys therefore now routinely challenge the opposition’s expert witnesses on the chance that the Judge will not allow the testimony.

In December 2000 the US Congress codified the ‘Daubert standard’ for admitting expert testimony. The Federal Rules of Evidence, consistent with the Daubert trilogy, require that a District Court Judge acts as the ‘filter’ for all expert testimony, entrusting to the Judge assessment of whether the submitted testimony is reliably grounded and well-reasoned, and is not speculative, before allowing the expert to testify. This standard of reliability must be met by any expert testifying to any specialised knowledge, since neither Daubert nor the Federal Rules of Evidence restrict this ‘filtering’ function to scientific or technological expert evidence alone.

battles pending between Apple and Motorola, this one being waged in Illinois federal district court.

Daubert ruling excluded all damages expert witness testimony proffered by the parties because it lacked “intellectual rigor.” … His Daubert ruling is must reading for any patent litigator and damages expert … http://www.patentpracticeliability.com/files/2012/06/judge-posner-daubert-decision-redamages-May-20126.pdf http://www.informationweek.co.uk/hardware/handheld/apple-samsung-expert-witnesses-reapbig/240006059 Apple, Samsung Expert Witnesses Reap Big Bucks Charles Babcock Editor At Large, InformationWeek August 23, 2012

… Apple gave one expert witness $1.75 million to construct a damages fi gure ….

Some Other Signifi cant Cases Rite-Hite Corp. v. Kelley Co., 56 F.3d 1538 (Fed. Cir.), cert. denied, 516 U.S. 867 (1995).

Paper Converting Mach. Co. v. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984).

Interactive Pictures Corp. v. Infinite Pictures, Inc., 274 F.3d 1371 (Fed. Cir. 2001).

Juicy Whip, Inc. v. Orange Bang, Inc., 382 F.3d 1367 (Fed. Cir. 2004).

Golden Blount, Inc. v. Robert H. Peterson Co., 438 F.3d 1354, 1370-72 (Fed. Cir. 2006).

American Seating Co. v. USSC Group, Inc., 514 F.3d 1262, 1268 (Fed. Cir. 2008).

A non-exclusive list of questions were in Daubert set down by the US

Dr Stephen Castell CITP, Medallist, BCS IT Consultant of the Year, is Chairman of CASTELL

Supreme Court to be considered by a District Court Judge when determining

Consulting.

the reliability of submitted expert testimony: • can the theory on which the expert testimony relies be tested?; • has the theory been subjected to peer review and publication?; • do the expert techniques used have a known or potential error rate?; and • has the theory been accepted by the scientific (or appropriate other

He is an internationally-acknowledged independent computer expert,

consultant and project manager and teaches a Course, ‘Avoiding IT Disasters – the Expert Way’. He has been appointed as expert witness in some of the largest and most complex ICT disputes to be heard in the English High Court, and worldwide. He offers a confi dential ICT PROJECT & IP AUDIT, to ICT software, systems and device vendors, customers and their legal advisers alike. He has been retained in several signifi cant US ICT patent cases as consulting, and testifying, expert, particularly in regard to lawsuits over software, systems, applications, digital devices, and technologies in databroadcasting, mobile

recognised) community?

telephony and data transfer, ecommerce, and interactive online market research.

The Supreme Court did not stipulate these questions as a definitive checklist,

CASTELL Consulting, PO Box 334, Witham, Essex CM8 3LP, United Kingdom

so that a District Court need not necessarily consider each and every one of them. The District Court Judge need only find the potential expert qualified as regards one of the questions, for the expert to testify as an expert. The expert witness may qualify as an expert based on his or her knowledge, skill, training, experience, expertise and/or education: if an expert is basing his opinion, for example, only on experience, he or she must explain how that

2013

Tel: +44 1621 891 776 Mob: +44 7831 349 162 PO Box 270529, San Diego, CA 92198, United States of America Tel: +1 (310) 890-9859 l Email: cstll01@attglobal.net http://www.CastellConsulting.com http://www.e-expertwitness.com Retained Expert for www.esecurityexchange, an online service which provides expert advice on compliance in Data Protection, Fraud Prevention and Corporate Governance.

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

Co-located with

Sponsored by

In Collaboration with

Organised in Partnership with

ELECTRICAL FAILURE INVESTIGATIONS

DR ANTONY ANDERSON Dr Antony Anderson has been instructed to conduct electrical failure investigations and compile reports based on his findings for many clients within the manufacturing sector.

The Board of Directors at the Forensics Industry E Magazine were so impressed with the experience and expertise shown by Dr Anderson that they voted unanimously in favour of awarding the forensic specialist. Therefore, the e-mag publication is pleased to announce Dr Anderson as the deserving recipient of the much coveted, Electrical Engineering Consultant of the Year Award for 2013. The Award reflects the professional services provided, as well as the time and cost savings that can be made when instructing Dr Anderson’s expertise.

Failure investigation and the research and development of the subject has always been a critical part of electrical engineering.

Success is built upon failure and investigations into the failings

2013

FORENSICS INDUSTRY

E-MAGAZINE

AWARD

NEWS

DR ANTONY ANDERSON

of machinery is a learning curve for those involved. Failure can lead to minimised production and, in some cases, injury; thus there is an evident need to investigate why the electronic machinery/controls failed.

Dr Anderson has witnessed the same industry problems occurring time and time again but years apart, due largely to the general departure of people and the lessons learnt from previous failings being lost with a generation.

On receiving the Forensics Industry E Magazine Award, he commented: “I was very surprised and pleased to receive this Award.”

“However, I am very conscious that there are many teachers, colleagues and friends who over the years have taught me all that I know. I hope that this might be seen as much an honour for them as much as it is for me. As the poet Emerson once wrote: ‘No man is the whole of himself, his friends are the rest of him.’”

Generator Failure Investigation: Dr Anderson conducts failure investigations for both large and small machinery within the manufacturing sector and, in particular, electrical generation systems.

“I have had the good fortune to be asked to investigate many different kinds of failure both in the UK and abroad. No two investigations are the same. Some are very hands on; crawling around inside a large machine, taking photographs and recording damage and getting very hot and dirty. Others may be more in the role of an observer watching what others are doing and reporting on what they have done” he explained.

“On occasions, I am called in far too late and most of the evidence has long since disappeared or there may be a good photographic record but, unfortunately, the photographs are too blurred to be of any possible use. On one occasion I was called in to investigate a failure on a large DC motor but very late in the day, after the motor had been sent back to the manufacturer for rewinding. So at the end of my report I advised that if they ever had another failure they should call in an outside expert immediately before the evidence had disappeared. A year later I got a call to say that the machine had broken down again and would I please

investigate. This time the motor was sent to an independent motor rewind shop and I was able to monitor the entire strip down process and pin down the reason for the second failure. This was very satisfying because it was possible to make practical suggestions to the rewind shop that would avoid the risk of a third failure.”

Manufacturers, electronics companies, and end users similarly to insurance brokers do not want their machinery to fail. Failures lead to decreased productivity and a ‘not my fault’ attitude in many industries.

Regardless of blame, it is essential to avoid a repeat of this failure – to find out why the equipment failed and how to prevent failure in the future?

Many companies also ignore the functional safety of a failure. The impact of the incident could prove costly and more expensive in regards to the price of restoring the machinery, as well as the personnel needed to solve the issue.

The work of a failure investigator will address both these issues; a structure and processes will be in place to help avoid future failings and, if the machinery is looked after properly. Investigations are carried out in order to maintain productivity avoiding the expensive cost of a future replacement of the machine, as well as the losses made through downtime which occurs from a failure.

In regards to generator failure, failings often arise in the long thin cylinder, generator rotor part of the machinery. It is often the case that the end ring will fail, or the stator will become damaged. A Forensic Failure Investigator will work to discover the centre of the fault, its root causes; if the failure is a one-off occurrence or if, in fact, there is an underlying fault with the machinery and it should be replaced.

On the different kinds of generator faults within the industry, Dr Anderson explained: “There are many different ways in which a generator may fail and it is therefore useful to have some kind of typology of faults as a framework for investigation. This is the general typology that I use as a kind of preliminary check list. It can of course be expanded to suit the needs of the occasion.”

FORENSICS INDUSTRY E-MAGAZINE

Dr Anderson conducts failure investigations for both large and small machinery within the manufacturing sector and, in particular, electrical generation systems.

Typology of Generator faults •Rotor faults –Multiple field winding short circuits •Stator faults –End windings •Loose end winding cording •Coil-to-coil short circuits •Coil-to-earth faults –Active part of winding •Loose slot wedges –bouncing bars

2013

•Conductor-to-earth faults •Presumed turn-to-turn short circuits –Core damage •Location •Bearing Faults –Shaft voltages cause bearing currents and damage •Magnetic unbalance, and many other possible factors •Excitation System: AVR/Control related Faults –Exciter field freewheel diode failures – Internal AVR faults –Intermittent connection faults (Loss of field control)

DR ANTONY ANDERSON

•Protection Faults –Failure of protection results in excessive damage before trip •External System Faults –Line clashing –Lightning –Negative sequence operation due to phase unbalance Incipient fault damage is easily missed during failure investigations and can include interlaminar spot welds, meandering breakdowns or intermittent micro-arcing in the rotor winding that may only be visible with a magnifying glass and which will require photographing with a close up lens.

It is common in industry for companies to rush-in to investigate or resolve the issues surrounding a failure. Many will strip down the machinery and repair it before preliminary non-intrusive investigations have taken place. By the time that the Failure Investigator has arrived on the scene most of the evidence that might have provided clues as to cause has been lost. Time spent planning the investigation and in carrying out a preliminary non-intrusive examination is time well spent because it enables a more detailed destructive examination to be carried out with minimal loss of evidence.

A Forensic Failure Investigator will check all of facts available from recordings of the machinery as soon as possible. The disciplined, systematic approach taken by Dr Antony Anderson ensures that he maintains open-mindedness to possible causes, often looking for the unexpected. He is also well aware that investigation plans may change to accommodate changing circumstances.

Dr Anderson works with a clear set of objectives from the outset of an investigation knowing his responsibilities, the time scale in which he has to decipher the cause of the failure in line with the clients’ phases of operation. He will gather data for analysis such as photographs, samples, statistical analysis or the machinery and operational archives.

One this investigative procedure has taken place, Dr Anderson will write a comprehensive report on his findings – a clear presentation of the evidence to determine the causes of failure; recommendations for the short and long term as well as the lessons that can be learnt from the investigation.

Outside of Manufacturing Other industries that Dr Antony Anderson has instructed on include the automotive sector where there have been a number of cases of unintended sudden acceleration in vehicles fitted with electronic throttles that have required investigation in the UK and USA. He has even investigated one case in New Zealand. Following stringent investigations into accidents where the throttle is said to have failed,

Dr Anderson believes that he has identified a fundamental flaw in the thinking of designers who tend to overlook the requirements of electronic functional safety. To make drivers the fail-safe in the event of failed electronics is in his opinion entirely wrong, especially when it comes to trying to restrain a runaway engine by braking against full engine power. To avoid serious accidents which can all too easily be brushed off as the ‘driver’s own fault’, Dr Anderson advised the introduction of a kill switch, or equivalent power limiter that can be used when the throttle is jammed or the driver in danger. Such devices are used in stock cars and speedboats and every industrial machine has its emergency stop button, so why not the automobile? Dr Anderson thinks that dashboard cameras will become increasingly common and will help investigators distinguish between those runaway incidents caused by electronic system malfunctions and those resulting from driver error.

Following discussions with Dr Anderson about his experiences within failure investigation it is vital that clients think about failure investigation methodology before failures occur rather than on the “hoof”; build a generalised framework for knowledge gathering that can be used for all investigations; and train investigation teams who are able to develop to build up expertise rather than leaving matters to chance.

“As discussed earlier, it is also paramount within industry to capture the knowledge of staff before they retire, so that it is available in the future to avoid costly failures and decreased productivity. Some years ago I proposed in the pages of the New Scientist a Museum of Failure.

This museum would document failures both past and present, major and minor, both engineering and organizational, and above all and most important, it would show what had been learnt from them. Such a museum would undoubtedly pay for itself if the lessons learnt in one generation could be passed on to the next. After all, success is very much built on failure, which is something we tend to forget. Many years ago I came across this poem by Ella Wheeler Wilcox on a visit to Rye Parish Church, it begins: ‘Upon the wreckage of thy yesterday Design thy structure of to-morrow….’

For me, this poem epitomises a positive attitude to failure: failure is something to bring out into the open, for society to learn from and hopefully not repeat, either today or in the future.” he concluded.

For fur ther information, please contact the award-winning Dr Antony Anderson on 0191 285 4577, email enquiries to antony.anderson@onyxnet.co.uk or visit his website at w w w.antony-anderson.com

FORENSICS INDUSTRY E-MAGAZINE

Graham Oakley CRASH DETECTIVES 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 DETECTIVES 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 DETECTIVES LTD Email: enquiries@crashdetectives.co.uk Tel/Fax: 01245 323246 Mobile: 07768 792341 * Statistics provided by RoSPA

Security Industry emag

Owl 002T military-grade US

2013

4Secure Ltd was established in 2003 with the aim to provide cyber security solutions to a niche market of customers.

Employing people with good credentials that will understand all the aspects of both the security and technology was a key priority, and it still is. The niche target market for 4Secure Ltd is companies or organisations that have any sort of confidential data that they wish to keep secure, for example, Government departments, financial institutions and schools.

4Secure can advise on, prevent and solve most data problems.

For more than a decade the highly qualified team of IT Systems Engineering Consultants have worked within the UK as well as numerous assignments overseas with organisations both large and small along with individuals, to create secure systems from end-to-end.

This company go by a three rule plan that they will ‘understand, assess and comply’. They will conduct a risk assessment to identify all of your assets, find out what is most vulnerable and how these particular files are stored. They will assess how likely it is that these could be exploited and the cost to you and your company if they were. 4Secure Ltd will create a plan for you that will guide you through about how you could prevent, detect and respond to threats as well as suggest ways to reduce or even eliminate the risks, this will be in a simple language that you will be able to understand, not just computer jargon!

If remedial action is required they will help you to install new equipment, reconfigure your existing equipment, train both you and your employees and introduce new procedures to try and prevent a reoccurring situation.

4Secure Ltd uses many different technologies to keep their client’s systems safe, including those that have already installed protection that may just need configuring. If the team suggest that you may need some extra tools or controls, they will only recommend the ‘best of breed’ that they know will work, based on the company’s own exhaustive evaluations and experience.

Some organisations need the very highest level of security for their mission-critical data. Transferring national security information, confidential customer records and medical information safely requires bullet-proof reliability. Owl Computing Technologies work across domains for cyberperimeter defence. In the past, firewalls have been designed for two-way traffic, but the Owl data diode works one way.

4Secure Ltd is the European partner for Owl CII Dual Data Diodes. Owl designs and markets Data Diode based electronic perimeter defence systems for critical infrastructure entities, government and military cyber security. Owl is the market leader with over 1200 deployed solutions. At is core, Owl Computing uses it’s DualDiode technology for hardware enforced one-way data transfer.

Many customers of 4Secure Ltd have expressed a growing need for a small form-factor, rugged one-way transfer product that will withstand a wide range of tactical operating conditions, including provisions to the individual, dismounted war fighter.

Owl has migrated its propriety DualDiode technology to such a platform, to deliver a reliable, cost-effective product with adequate bandwidth and speed for tactical, fully portable deployment.

Along with the high security products supplied, 4Secure also undertakes incident response tasks; this includes identifying and containing a possible threat to a company’s information.

This is one of the main aspects of the company, alongside the information assurance consultancy. Forensic recovery is available from 4Secure Ltd. No one can make the information on a computer completely secure but this company will try to get as close as 100% secure as possible.

For more information: 0800 0430101 www.4-secure.com

FORENSICS INDUSTRY E-MAGAZINE

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.

FORENSICS INDUSTRY E-MAGAZINE

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.

FORENSICS INDUSTRY E-MAGAZINE

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).

Paying particular attention to detail and an investigative mind, all partners and Senior Managers of Matrix Forensic have a strong desire to help solve financial problems.

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, Matrix Forensic’s experts will guide their clients through the initial

Operating from offices in London, Bristol and with a Head Office in Plymouth, the breadth of experience offered by Matrix Forensic is second to none. The practice’s pragmatic, common sense approach results in jargon-free reports which set out findings clearly and concisely, assisting the client, court and all parties involved.

Matrix Forensic deal with criminal cases including fraud, money laundering and proceeds of crime, as well as many civil disputes such as commercial disputes, matrimonial, forensic insolvency.

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

stages of their claim, through negotiations and the concluding

Commercial claims and disputes

legal processes that take place achieving the agreement of a final

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

settlement. Representatives from Matrix can also provide expert

club took place; allegedly caused by workmen instructed by

witness evidence at court if required.

the Landlord.

2013

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...

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.

Personal injury & medical negligence

Forensic Insolvency

Report as on the loss of earnings and promotion prospects for a

Dealing with the liquidation of the UK subsidiary of USA registered

member of HM Forces injured on active service

company, Matrix identified irregularities on the valuation of stock as well as the diversion of sales by Directors through a third party company.

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

For further information, please call Matrix Forensic’s Head Office on 0203 463 1910, email enquiries to admin@matrixforensic.co.uk or visit the practice website at www.matrixforensic.co.uk

FORENSICS INDUSTRY E-MAGAZINE

THE ADVANCEMENT OF COMPUTER FORENSICS For the IT professional, computer forensics is an exciting and developing field. Since its birth in the 1970’s and 80’s computer forensics has continuously evolved into what is now a very large subject area. Whilst early cases centred on crimes such as fraud, in recent years as computers (or computing devices) have become a necessity in every day life their content is increasingly the focus of criminal / civil cases. Indeed new crimes specific to their use such as hacking, trolling and online grooming now exist.

One area of modern life which encapsulates these changes is the apparent need for individuals to have 24/7 access to the latest ‘fashionable’ means of communication, be it Facebook or Twitter.

Storage capacity has also seen a rapid expansion. Mobile devices now store the same amount of data as computers did just a few years ago. Computers can now readily store the complete works of Shakespeare several hundred thousand times over.

The last decade in particular has seen a shift in computer forensics as users migrate from simple desktop computers to

The computer forensics niche that Leyson Data sits in, is in constant

mobile devices such as those from Apple or Android based tablets / smart phones and a much wider selection of web browsers and

progression to keep pace with the technical advancements of computers, changes to the way we use them and the increasing

applications (Apps).

amounts of data to examine.

2013

The last decade in particular has seen a shift in computer forensics as users migrate from simple desktop computers to mobile devices...

Since being established in 2002 Leyson Data has provided a consistent and reliable examination / expert witness service to clients nationwide. As certified examiners with experience in a wide range of forensic tools they have the ability to deal with all manner of cases from a single image through to complex frauds involving tens of computers.

Fraud Leyson Data also undertake fraud related work using the same investigative skills to identify documents, e-mails and time based activities which they collate into a practical format for review.

Single document analysis can also be undertaken to establish the ‘author’ and associated history.

Images – Grooming - Harassment Whilst the internet has provided a means to communicate and share / source information it does however have a darker side.

Leyson Data are frequently asked to assist in cases which involve indecent images, grooming of children and harassment using social networking. Central to many of these cases is the identification of how material, as an example images, is sourced, the subsequent usage or knowledge of the user and what steps, if any, have been taken to save, hide or delete the material. Activities either side of the pertinent times can provide the necessary clues and establish the identity of a user.

Leyson Data pride themselves on an approachable and accommodating service, with a single contact for each case, fast turnaround without a premium and easy to read reports presented in plain English. As a company Leyson Data has built up an

Leyson Data are able to identify messages across a wide range of social networking and messaging platforms and find evidence of fake online profiles which give a broader picture of a case.

For more information: www.leysondata.com 0845 123 5273

excellent rapport within both the forensic computing and legal world. Some of their testimonials speak for themselves: “Whenever I require a forensic computer expert Leyson Data is my first and only port of call. They consistently come up with material that has been overlooked by others.”

Barrister, Manchester.

FORENSICS INDUSTRY E-MAGAZINE

THINK .......

EXPERT WITNESS

THINK.............

D & H.B.

ASSOCIATES LTD Boasting between them over 100 years experience on the Police Traffic Division, the highly dedicated Team at D & H.B. ASSOCIATES LTD consists of five former highly trained Police Officers, all of whom are able to draw on their unique knowledge to provide a professional service as an Expert Witness.

As a forward-thinking company, backed by highly skilled staff and a modern support services, the Company prepares reports for the Court in all Criminal Cases from Speeding, through to the most serious offence of Causing Death by Dangerous Driving and the new offence of Causing Death by Careless Driving.

In a recent interview, Douglas Boulton Managing Director of D & H.B. Associates Ltd, outlined what gives the company the edge over its competitors: “As members of the Police Force we joined those in other emergency services, such as the Fire Brigade and Ambulance Service, who were trained to handle a vehicle at speeds beyond the recognised speed limit, should the occasion warrant such action.

This knowledge makes us better qualified to prepare Reports

2013

for accidents which involve all types of vehicles; in particular we specialise in motorcycle accidents and accidents involving emergency response vehicles, police, fire and ambulance.”

Having now retired our consultants are recognised ‘Experts’ in the field of Accident Reconstruction.

“As a team, we not only specialise in accidents, but all incidents where a driver has been charged with motoring offences.”

Therefore, it comes as no surprise to learn the company’s dedicated team is regularly commissioned to work for both Claimant and Defendant, and as a Single Joint Expert: “Being fully conversant with our duties under the Civil Procedure Rules, we also prepare reports in Civil Cases for Solicitors and Insurance Companies.”

All members of the company’s Team are able to draw on their expertise to provide reliable services as an Expert Witness for cases involving all motor vehicles, cars, motorcycles, goods vehicles and buses, as Doug went on to explain: “All our consultants not only holding licenses to drive all vehicles, but they are also ‘Police Advanced Drivers’ trained to the highest possible level.”

D & H.B.

ASSOCIATES LTD

The company is also able to provide a professional service involving the examination of all stolen/suspect stolen motor vehicles determining their true identity.

As you would expect from such a quality-conscious company, all consultants working for D & H.B. Associates Ltd are all members of leading organisations, including the Institute of Traffic Accident Investigators and the Expert Witness Institute.

The last word goes to Doug: “D & H. B. Associates will provide you with a report which will be honest and true. We will point out the bad points as well as the good!”

FOR A FREE INITIAL CONSULTATION CONTACT:

Douglas Boulton

Having provided Reports in well over 200 cases per year, the company has built up an impressive reputation not just throughout the UK and Ireland, but also most of Europe, the Caribbean and the Far East.

(Managing Director)

Having read this article, I am sure you will agree that D & H.B. ASSOCIATES LTD ticks all the right boxes for those looking for an ‘Expert’ to provide a Report, whether for criminal or civil proceedings. Should it be required, the company is able to provide references from solicitors and barristers who are already reaping the benefits of choosing D & H. B. Associates Ltd.

Tel: +44 (0) 1538 722544

D & H.B. Associates Ltd 14 Cavendish Road, Upper Tean, Stoke-on-Trent, Staffordshire ST10 4RH Mobile:+44 (0) 7973 289162 Fax: +44 (0) 1538 722544 Email: info@dandhb.com Website: dandhb.com

FORENSICS INDUSTRY E-MAGAZINE

Expert Witness in Commercial & Criminal Cases Having celebrated the company’s 40th anniversary last year, WILDER COE LLP is a multi-faceted practice which has achieved an excellent reputation over the years for the provision of a wide range of professional business services including acting as an Expert Witness in both commercial and criminal cases.

Norman’s experience covering a broad range of forensic accounting issues, has been a key factor in the number of instructions he receives to act as an Independent Forensic Accountant either to prepare confidential reports to instructing parties, or to act as a Single or Joint Expert Witness.

Based in the West End of London, the practice is run by 14 dedicated partners including Norman Cowan, who specialises in Insolvency and Forensic Accountancy and Bee-Lean Chew, whose area of expertise lies in the corporate arena, where she has many years experience in audit, financial reporting, taxation, as well as in forensic accounting and valuation assignments. As you would expect from such a quality-conscious organisation, both partners are members of The Network of Independent Forensic Accountants (NIFA).

Norman has given oral evidence in the High Court, Land and Tax Tribunals, as well as in the Crown Court.

Norman’s credentials speak for themselves. A Member of the Expert Witness Institute, Norman has also attained accreditation as a Cardiff University Expert Witness, as well as being a Fellow of the Institute of Chartered Accountants in England & Wales, a Licensed Insolvency Practitioner, a Member of the Turnaround Management Association, a Member of the Chartered Institute of Arbitrators and a Member of the Professional Negligence Lawyers Association.

2013

As a leading Expert Witness Norman not only receives instructions from Solicitors but from the HMRC - for which he concluded a landmark case; a Greater London Borough and the Department for Business Innovation & Skills.

Norman has been involved in the following range of cases: Commercial Proceedings - Covering Business Valuations; Commercial Disputes; Loss of Profits and Claims for Business Interruption.

Insolvency - Insolvency Offences; Negligence of Insolvency Practitioners; Investigations and Fraudulent Trading.

Criminal Proceedings - Confiscation Orders; Fraud; Misfeasance and Bankruptcy Offences.

Divorce proceedings for which he can provide accurate Business Valuations and Income Assessments.

For Personal Accident and Fatal Accident claims he can provide support with assessing Loss of Earnings.

Currently Joint Chairman of the Integra International Insolvency Unit, Norman has given lectures on Business Restructuring and Insolvency at Integra International’s overseas conferences, as well as having written an array of articles and presented numerous lectures to leading Solicitors and Lawyers on Instructing an Expert Witness. Norman added: “Our membership of Integra International enables us to connect our clients with accountants around the world, all of whom share our ethos to provide the high level of quality service our clients deserve.”

As head of the company’s specialist Forensic Accounting & Litigation Support Department Norman explained what sets Wilder Coe aside from its’ competitors: “At Wilder Coe we take pride in maintaining traditional values such as integrity and reliability as part of the client-orientated service we provide.”

When called upon to work as an Expert Witness, Norman is able to draw on the skill and expertise of fellow partner Bee Lean Chew, who trained with Wilder Coe and became a partner in 2005.

She has advised clients at all levels, including multi national groups, on the design and implementation of financial management systems and is particularly adept at complex I.T. structures and internal controls. She has acted as principal in due diligence, forensic accounting and valuation assignments.

As well as being a Chartered Accountant Bee has a degree in Law from Kent University and a Masters Degree in Finance from Strathclyde University, and is an ICAEW-accredited Forensic Accountant.

In addition to her responsibilities with Wilder Coe, Bee is a Director of the Network of Independent Forensic Accountants, a provider

“At WILDER COE we take pride in maintaining traditional values such as integrity and reliability as part of the client-orientated service we provide.” of CPD training to solicitors and fellow business professionals, an associate member of the Society of Share and Business Valuers and a member of the ICAEW’s Audit and Assurance Faculty’s Practitioner Services Committee: A sign of the esteem in which Wilder Coe is held is further highlighted by the fact that Norman is frequently asked to review reports written by other Expert Witnesses.

The last word goes to Norman: “Our forensic accounting team has worked with the legal profession on a wide range of businesses and industries providing a thorough Investigation and a clear and concise presentation of facts. Our role being to determine precisely the matters at issue and quantify the financial redress and give oral evidence in Court.”

TO ARRANGE FOR A FREE INITIAL CONSULTATION CONTACT WILDER COE LLP 233 - 237 Old Marylebone Road, London, NW1 5QT Tel:020 7724 2345 Fax:020 7724 6070 DX: 38756 Paddington Email: Norman.cowan@wildercoe.co.uk Website: www.wildercoe.co.uk

FORENSICS INDUSTRY E-MAGAZINE

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

Security Industry emag

AWARD NEWS

SECURITY INDUSTRY E-MAG AWARD WINNER

Mr. R.E. CLI

2013

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

FF (F.B.L.I.)

A lock is a mechanical or electronic fastening device that is

of locksmithing, modern locksmiths are primarily involved in the

released by a physical object, such as a key, or by supplying secret

installation of high quality lock-sets and the design, implementation

information, such as a pass code or combination. There are many

and management of keying and key control systems.

different types of lock, each with a different level of security. A warded lock is a fairly simple device that is usually reserved for low security applications, whereas a disc tumbler lock or Abloy lock is used for more high security settings due to the fact that it the design makes it almost impossible to break into.

Being a forensic locksmith involves the study of a local or other security device or associated equipment using scientific methods to determine if and how the device was opened, neutralized or bypassed. Examinations can include the use of various types of forensic techniques, as well as microscopic examination,

Locksmithing is a traditional trade; locksmiths constructed or

microphotography, normal photography, physical disassembly of

repaired an entire lock, including its constituent parts. Although

the device/devices and, on occasion, laboratory techniques, such

the fitting and replacement of keys remains an important part

as metallurgy and tool mark identification may be conducted.

Security Industry emag

It is vital for solicitors and barristers that work within criminal

Cliff analyses the appropriate keys, utilising the techniques that he

prosecution or defence to secure an expert witness statement from

has learnt and developed across the years.

a professional forensic locksmith, such as RE Cliff.

A forensic locksmith requires knowledge in several areas including locksmithing, crime scene investigation, microscopy, evidence collections and presentation, written communication (investigative

He can work as both a single and a joint expert and with an impressive reputation for providing accurate, unbiased evidence in criminal and civil courts, Mr Cliff has dealt with all aspects of legal report writing. Being a fellow of both the Expert Witness Institute

reports) and verbal communication (expert testimony).

(EWI) and Master Locksmith Association, founder member of

RE Cliff is one such locksmith; he has been in the trade since

(Associated Locksmiths of America), member of the International

1978 and has worked as a master locksmith since 1980. He

Association of Investigative Locksmiths (IAIL), certified member of

specialises in providing forensic examinations of locks, keys and

the International Association of Auto Theft Investigation (IAATI),

security devices, along with analysis on vehicle keys. In order to

Mr Cliff certainly has an impressive rĂŠsumĂŠ of contacts and

ascertain how a vehicle was stolen or a property was entered, RE

information that could be an aid in any case.

2013

the Auto Locksmith Association and European chapter of ALOA

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

In order to ascertain how a vehicle was stolen or a property was entered, RE Cliff analyses the appropriate keys, utilising the techniques that he has learnt and developed across the years.

By being able to represent a client both in an expert witness

locksmithing domain and definitely your first port of call if you find

statement and in court, Mr Cliff will cover all possible scenarios

yourself needing such services.

with you before hand and will help you to fully understand the procedures that are taking place. Having examined the lock and/or key in question, as well as where the breach of security took place, he will be able to provide a conscientious decision about how the lock was tampered with and what could now be done to improve both the security of the site as well as hopefully providing a positive outcome from the legal system. Covering all of these areas certainly makes RE Cliff a leader within the forensic

For more information: 02085787995 recliff@aol.com

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

FORENSICS INDUSTRY E-MAGAZINE

0151 929 3974 e n q u i r i e s @ d o g t r a i n e r. c o . u k

Dangerous Dogs Expert Witness Services

Expert Witness on Dog Assessments Guy Richardson has worked as a professional dog handler, trainer, dog behaviourist and dangerous dogs assessor for 37 years. He has 50 years of experience in handling dogs of many breeds. He served as a Police Officer in Merseyside Police for 20 years, spending 17 of these working as a Police Dog

to strict control orders issued by the courts subject to the provisions of the Dangerous Dogs Act 1991 as amended by the Dangerous Dogs Act 1997.

His experience, along with a working knowledge of the laws in relation to dogs, has allowed Mr Richardson to prepare reports for the courts of the UK and give evidence on more than 100 occasions in Dangerous Dogs Act prosecutions at hearings and trials in Magistrates courts, Crown courts and

Handler and Trainer. His specialist fields are dangerous dogs, prohibited dog

Appeals to the Crown court nationwide. Along with preparing reports for both

breeds conformation, dog behaviour, the welfare of dogs and the operational

prosecution and defence cases, Mr Richardson has also written reports for

use of Police dogs. Mr Richardson retired from the Police force in 1993 and

solicitor’s clients who have been charged under the provision of the Animal

ran West Lancs Canine Centre. In 2001 he was appointed the dog training and

Welfare Act 2006.

behaviour consultant for the Liverpool branch of the RSPCA. Mr Richardson’s

Experience within the police force comes in very useful for reports where

son, Craig Richardson, took over running the centre in 2010 and provides a

operational police dogs have been used to to arrest suspects/offenders in

full range of pet dog training services. He also offers security dog and handler

their role as General Purpose police Dogs.

He has prepared reports used in civil proceedings.

courses to the NASDU and BIPDT standards.

In the last six years Mr Richardson has been instructed by solicitors and clients to perform behavioural and/or breed type conformation assessments on a total of 372 dogs that include 248 prohibited dogs (245 pit-bull type dogs, 2 Dogo Argentino dogs, 1 Japanese Tosa dog) and 124 other breeds of dog nationwide.

Mr Richardson has been featured in top UK newspapers with articles on the danger of untrained and prohibited dogs and how the general public can try to prevent any dog attacks on children and adults alike. The emphasis on the danger of certain types of dog that have been bred with the intention of their hostile behaviour is not very well advertised, the articles Mr Richardson writes aim to remind people that dogs can turn and attack their owners,

The services Mr Richardson offers extends to assisting with the repatriation

or even strangers, if they aren’t properly trained, socialised and taught to

and rehabilitation of any dog returned by the courts to his/her owner subject

respect humans.

2013

FORENSICS INDUSTRY E-MAGAZINE

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.

2013

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

FORENSICS INDUSTRY E-MAGAZINE

Incorporated in 2007, Geode Forensics Ltd is the successor to Geode Data Systems, which was founded in 1996. The company has assisted in nearly 900 cases and worked with around 200 solicitor firms across Scotland and Northern and Southern Ireland.

In Scotland it is normal practice for police and forensic experts to produce a Joint Report summarising computer evidence and conclusions. This report, together with the Complaint or Indictment, is the normal starting point for defence investigations. Supporting paperwork, such as interview transcripts, are also used where appropriate. Geode will explain the technical issues and provide an opinion on the methodology and whether the conclusions are justified and support the Complaint.

Digital Forensics could be the make or break of some court cases.

By being able to supply a record of SMS text dialogue, phone calls, photographs and videos (along with when and where they were taken), web browsing history, social network interactions, notes, GPS locations, CCTV, documents and, as a whole, a person’s online life, can prove massively beneficial to a case, be it as defence or prosecution. For someone in question to possess and iPhone, the information collated could amount to something as big as a 9,000 page report.

90% of the work that Geode undertakes is with criminal cases and digital evidence can help support, refute or mitigate allegations of many criminal charges including sexual abuse or harassment, drugs, fraud, intellectual property theft and in civil cases such as divorce.

Geode are sent the digital equipment for analysis (phones, SIMs, PCs, external drives, game stations, GPS units, USB data sticks, memory cards etc.) and extract as much data as they can per the instruction given. They also possess the ability to be able to perform analysis on-site.

2013

Digital Forensics could be the make or break of some court cases. By being able to supply a record of SMS text dialogue, phone calls, photographs and videos (along with when and where they were taken), web browsing history, social network interactions, notes, GPS locations, CCTV, documents and, as a whole, a person’s online life, can prove massively beneficial to a case...

By maintaining a comprehensive set of PC forensic tooks, including EnCase 6, the Geode forensic took kit is kept under constant review in order to maintain a selection of the same tools used by the police computer crime units. Phone forensic toolkits comprise of software or a dedicated PC-style unit plus software and cables. The software is updating constantly as new devices are released and is very expensive, reflecting the difficulty in reverse-engineering phone to bypass security and read the data (particularly deleted data). Other tools, such as EnCase, will read all data from a PC into a standard format called a forensic image that then allows the Geode expert to perform a complete review of what is on the PC, including keyword searches, concordances (where data can be tracked through a potentially huge volume of

information and displayed) and ‘carves’ for deleted data. There are now new tools available, such as Magnet IEF, that will scan a disk or phone image for web traffic, chat, social network traffic and email etc. There are hundreds of pieces of software that are either dedicated forensic applications or are more general but are still useful.

Evidence recovery is not necessary in every case but it is becoming more and more common, meaning that Geode are going to be even more in demand in the future.

For more information on Geode Forensics…

Call: 01316605111 Or visit: www.geodeforensics.com