Forensic And Expert Witness Yearbook 2014/15

Gerroff moy land!

INSIDE RTA’S, DNA Testing, Medico Legal Reports, Expert Witness interviews, Pyschological profiling, PTSD And lots more..........

New Articles form the ICAEW

Look out for our new website in 2015

Gerroff moy land!

Land in the UK is a finite commodity – except on the East Coast for example, where either through natural erosion or a policy of abandoning land to the sea, our small island is growing even smaller – so it is little wonder that arguments over who owns which part of our precious Albion are emotive.

Some land of course is well worth fighting over: the narrow strip which would allow access to a huge building site worth millions, for example. But what can cause just as much concern is the dispute between neighbours over where exactly a border runs between their properties. Such disputes can last for years at huge expense, and emotionally they can be a nightmare.

Take the case of neighbours in rural Lancashire, reported in the Daily Telegraph a little time ago. A dispute over the exact placing of a fence had gone to the High Court, which ruled in favour of Mr Jeffrey Grundy, a businessman. His neighbour Miss June Iddon, a 72-year old spinster, didn’t accept the court’s decision. When Mr Grundy and his contractor began moving the fence, Miss Iddon, in a rage, seized a spade and swung it at Mr Grundy, breaking his arm. She was sent to prison for 12 weeks, and was dragged down to the cells, protesting her innocence.

So not only would it have cost her a fortune in legal fees when she lost at the High Court, not only does she now have a criminal record, but when she is released (for good behaviour?!) she will have to go on living next door to the person she hates.

There has to be a better way of solving such cases, and indeed there is.

District Judge Stephen Oliver-Jones QC, designated DJ for the West Midlands, is so aware of such problems that he insists, on first learning of a boundary dispute in his area, that all parties and their lawyers attend his chambers, where he warns them of the expense, delay and emotion of continuing with the litigation, and forcefully urges them have a skilled mediator help them to settle the matter.

Of course mediation is not the answer to every situation – Halsey –v- Milton Keynes General NHS Trust [2004] EWCA Civ 576 gives a checklist – but it is remarkably effective in many cases, and the going rate for reaching a settlement is reckoned to be over 70%, even including those parties who agreed to mediate only after judicial “encouragement”.

As Lord Justice May said in Egan –v- Motor Services (Bath) Ltd [2007] EWCA Civ 1002:

“Try it more often.”

Chris Makin Forensic Accountant & Mediator

Chris Makin Forensic Accountant & Mediator Please allow me to describe a couple of mediations I have done on this topic, all identifying features changed to preserve confidentiality.

B

usiness neighbours had not spoken for ten years when I was asked to mediate their dispute.

At the start they even refused to sit in the same room.

The dispute was over a yard between two Victorian warehouses. On the low side was a motor panel beater who had traded there for many years; on the other a new architects’ practice. The latter had constructed a mezzanine floor and modern staircases inside, and completed the facelift by laying tarmac in the yard.

Trouble was, the yard had been muddy with natural drainage. Now every time it rained the water ran down the slope into the panel beater’s workshop. He couldn’t spray cars over a wet floor, and had to waste time mopping out.

Worse, the architects had marked out the yard with parking spaces, blocking a public right of way, a fire escape, and access to the workshop.

The panel beater had produced an expert accountant’s report on loss of profit of £100,000. It was grossly inflated, and was really just a cry for help.

I took the parties out to the yard on a damp November afternoon, got them to measure up the access points and blocked markings, and eventually the architect agreed to repaint the parking spaces freeing up the right of way and access, and agreed to have a new drain constructed to take the water away. With a modest payment to the panel beater for his inconvenience, the dispute of ten years was settled in a day.

Chris Makin Forensic Accountant & Mediator

T

he other example concerned a row of detached houses, “little boxes on the hillside made of ticky tacky”. Looking from left to right there was Mr Left’s house and a drive, then Mr Right’s service strip and house with a drive to its right, and so on up the hill.

Mr Left wanted to construct a garage at the side of his house with a bedroom above, and there was doubt about where exactly the border lay between his drive and the service strip. Mr Left asked Mr Right for the benefit of the doubt, to construct his extension up to the edge of the service strip rather than taking the mid-point of the low dividing wall. Mr Right adamantly refused; but when he was on holiday, Mr Left had the extension built nevertheless.

During the mediation, I knew we were in trouble when Mr Right produce a photograph of his house, showing where he believed the boundary lay. Interestingly, there was a bedsheet draped out of the bedroom window, painted with a Union Jack and “Welcome Home, Gary”.

To be friendly, I asked “Who’s Gary?” to be told that he was his now dead, a soldier killed in the first Gulf War, and Mr Left had encroached on the “sacred” land where he had played with Gary as a child.

After fierce negotiations, Mr Left agreed to pull down the extension – it was only a brickwork shell – and rebuild it two inches narrower. That would have been a good result, except that Mr Right said that he must have been Right (!) all along, so he wanted his costs. Mr Left had no money. The mediation failed, and no doubt the dispute rumbled on, with huge legal costs and destroyed relationships; but we got so close.

Litigation destroys relationships; mediation can rebuild them. Litigation is hugely expensive; the cost of mediation can be modest. Litigation can last for many years; mediation is usually over in a day. And mediation is such a powerful process that even a mediator such as myself, a mere chartered accountant, can bring warring parties together.

chris@chrismakin.co.uk www.chrismakin.co.uk

DEALGA'S TREE CONSULTANCY It may surprise you to learn that the chances of being killed or injured by a falling tree in a built-up area in the UK is between 1 in 10 million.

However, this is of no consolation if you are one of those unfortunate enough to sustain a serious injury from a fallen tree. Should this be the case and you decide to take legal action and sue the owner of the tree for damages, personal injury and consequential losses arising from the incident, you will need the advice of a professional Arboricultural Consultant such as Dr. Dealga O'Callaghan, FICFor, F.Arbor.A. MISA.

Over the years Dealga's involvement with Tree Related Subsidence has led him to accept commissions for thousands of cases, for some of which he has successfully provided services as an Expert Witness. He has acted as an independent Expert Witness in civil and criminal court cases, dealing with personal injury, tree related subsidence, and prosecutions for violations of tree preservation orders and the Forestry Acts throughout England, Wales, the Isle of Man and the Republic of Ireland; as well as acting as a Witness in planning appeals and public inquiries.

By drawing on his extensive academic and practical experience in Arboriculture spanning over 30 years, Principal Consultant Dr Dealga O’Callaghan ticks all the right boxes for those seeking the services of a professional Forensic Expert Witness dealing with all aspects of Arboriculture.

He has a great deal of experience and has been instructed on many very large projects, including :

Dealga's career got off to a 'flying start' as a Post-Doctoral Fellow at the College of Environmental Science & Forestry at SUNY Syracuse NY, where he joined a multi-disciplinary research team that carried out extensive research to find ways to control the spread of Dutch Elm disease through controlling the bark beetle vectors that spread the disease. He continued working on this project whilst at Salford University as a Forestry Commission funded Post-Doctoral Fellow, before being appointed Senior Lecturer in Arboriculture at Lancashire College of Agriculture & Horticulture, now Myerscough College.

Always at the forefront of Arboricultural innovation, the 1990's saw Dealga and his colleagues develop and pioneer the concepts of Arboricultural Implications Studies and Arboricultural Method Statements, which are now acknowledged as the accepted norm for trees on development sites, and requirements for these are now contained within the British Standard BS5837: 2012 Trees in relation to design, demolition and construction Recommendations.

The development of Beaconsfield Motorway Service Area (MSA) at junction 2 of the M40; The development and construction of the Irish Golf Course at Fota Island Resort in County Cork; Management of key feature trees at Loch Lomond Golf Course; Management of the tree population on the Lancaster University Campus; Runway 2 at Manchester International Airport for which he provided ‘deposit evidence’; A Section 46 Application for a ‘Control of Land

by Directions Order’ at Woodford Aerodrome in Cheshire; The change of use at Farnborough Aerodrome from MoD to Civil Avaiation; The Kingsmead Development near Northwich in Cheshire; The Steadings Development in Douglas on the Isle of Man, and many more.

Under the umbrella of his company Dealga's Tree Consultancy, Dealga also offers highly professional services for the following:

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• • • •

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Dr. Dealga O'Callaghan, FICFor, F.Arbor.A. MISA. Outlining one significant case on which he worked, Dr. O'Callaghan recalled the case of

Selwyn-Smith v Gomples.

“This case was about a very large pine tree on Mr Gomples property that failed in windy weather and struck an out building on Mr Selwyn-Smith’s property. The tree cause major structural damage to the building and a vintage car stored within it; and also caused serious personal injuries to Mr Selwyn-Smith.

The case was heard in the Swindon County Court and turned upon whether or not Mr Gomples as a prudent landowner had discharged his duty of care in respect of his tree.

The Court found that Mr Gomples actions in respect of the tree did not fall below the standards of the duty of care and the claim was dismissed”.

Planning & Development Tree Risk Assessment & Hazard Evaluation Statutory Controls Tree Related Subsidence Tree Risk Management Tree Health Care & Tree Management Tree Valuation Utility Arboriculture Woodland Management Local Government Services

A Fellow of both the Institute of Chartered Foresters, (FICFor.) and the Arboricultural Association,(F.Arbor.A.), Dealga's expertise is respected internationally, as highlighted by the fact that at the ISA European Conference in Turin on the 26th of May this year he was selected to deliver two presentations, namely New and Effective Plant Protection Products and Mode of Delivery to Control Tree Pests & Diseases and The Effects of the Tree Growth Regulator Paclobutrazol (PBZ) of Fast Growing Trees and Application to Utility Arboriculture.

Details of which can be found at website:

TO DISCUSS YOUR INDIVIDUAL REQUIREMENTS FOR AN ARBORICULTURAL EXPERT WITNESS PLEASE CONTACT: Dr. Dealga O'Callahan DEALGA'S TREE CONSULTANCY Tel: 0151 427 4654 Mobile: 07595 530 720 Email: dealga@dealgas-treeconsultancy.co.uk Website: www.dealgas-treeconsultancy.co.uk

Forensic Science Service

The Senior Management team of the Forensics Industry E Magazine is delighted to announce Emmerson Associates as the winners of the Forensic Science Service Provider of the Year Award for 2014. The Award recognised the company’s experience and expertise which place them at the forefront of the forensic science sector, as well as its reputation for providing a reliable expert witness service, while maintaining the utmost in professionalism and confidentiality.

For over 26 years, Emmerson Associates has maintained its leading position within the Forensic Science sector by drawing on the vast experience of their dedicated team of Forensic Consultants.

In a recent interview, Managing Director, Nicola Beckwith 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 reexamine 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 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: • ID photography

TO DISCUSS YOUR INDIVIDUAL FORENSIC REQU 2A MERRYLAND, ST IVES Tel: (01480) 460 116 Fax: (01480) 460 117 Web address : www.em

es, Accident Investigators And Expert Witnesses

• Vehicle tracking • Commercial theft enquiries • Installation of covert/overt camera systems • 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’ with 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) • CCTV analysis, photography and video • Death by dangerous/careless driving • Locus inspections/scale plans of collision scenes On receiving the Forensic Industry E Magazine’s yearly accolade, Nicola commented: “Emmerson Associates is delighted and honoured to accept this ‘Forensic Science Service Provider of the Year Award for 2014’.

As we are all only too well aware, given the recent unprecedented reductions in Legal Aid rates, this has been a very difficult year so far, and we are very proud still to have been able to remain competitive while providing the same superb service to our clients. Our reputation and capability is such that we are now asked to provide

expert advice, reports and expert witnesses for high profile cases at the International Criminal Court in The Hague.”

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.

As would be expected 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.

UIREMENTS CONTACT: EMMERSON ASSOCIATES S, CAMBRIDGE, PE27 5ED 7 Email: info@emmerson-forensic.co.uk mmersonforensic.co.uk

Demonstrating Excellence in Forensic Science Ethos Forensics is the brainchild of Forensic Consultant, Sue Carney, who, by drawing on her skills and experience as a senior forensic scientist at the former Forensic Science Service, has built-up an impressive reputation for providing a range of expert forensic and scientific services including: • Forensic consultation in relation to DNA and body fluids evidence.

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Expert witness services, including a review and reinterpretation of the biological evidence and the provision of expert testimony at court.

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Training provision in forensic awareness, DNA profiling, the investigation of sexual offences, case assessment & interpretation, or other bespoke courses for legal professionals, police customers and forensic practitioners.

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A Quality Systems Consultancy service to forensic companies seeking certification to ISO 9001:2008 or accreditation to ISO 17025:2005, including quality system implementation, quality investigations, root cause analysis and laboratory auditing services.

Sue has consulted on a range of high profile cases incorporating forensic biology, low template DNA techniques and blood pattern analysis, providing advice to Counsel and expert testimony at court.

However, her area of particular expertise is Sexual Offences cases, which often comprises the most complex forensic interpretations, as she explains: “In many forensic scenarios much of the evidence is time-dependent. This is particularly true of sexual offences casework. Biological evidence deposited on the body or inside a body orifice during sexual activity persists for a limited time, and loss is accelerated by other activities.

It’s vital that forensic medical examinations are carried out effectively and at the earliest opportunity to maximize the recovery of trace evidence.

Much of the information gleaned at the forensic medical examination is invaluable in determining the most appropriate forensic strategy in the case. Information at the time of forensic strategy setting is key in assessing the potential outcomes of laboratory examinations and indeed, in determining the value of suggested examinations.”

An articulate trainer,Sue presents to a variety of audiences, and teaches on accredited forensic science degree courses. As well as providing consultancy to UK clients, Sue travels worldwide, having most recently consulted in Germany and the Kingdom of Bahrain.

PLEASE CONTACT: Sue Carney, Ethos Forensics T: 07796 546 224 E:sue.carney@ethosforensics.com W:www.ethosforensics.com

XPC Services Dr. Graham Mould Pharmaceutical & Toxicology Expert Witness XPC Services provide expert witness advice and written reports for prosecuting and defence counsels on drug related criminal and similar cases.

Clients include the Crown Prosecution Service (CPS), Police Authorities and many private solicitors.

With over 40 years experience in the pharmaceutical industry, XPC Services expert Dr. Graham Mould holds extensive and broad knowledge in the action of drugs on the body and how the body deals once drugs are taken.

His specialisms include clinical pharmacy, clinical pharmacology and toxicology.

Dr. Mould is also ideally placed to advise on drug therapy and rehabilitation.

Dr. Mould has appeared as an Expert Witness in Magistrates and Crown Court on a number of occasions.

He has been instructed to formulate reports centred around cases: •

Involving the administration and effect of prescription and over-the-counter medicines in the young and elderly

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Driving under the influence of drugs and/or alcohol

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Drug assisted sexual or criminal assault The use of illicit drugs

• Based in the University of Surrey Science Park, Dr. Mould has been heavily involved in the close clinical • monitoring of patients who were receiving potent drugs, as well as observing the action of drugs in healthy volunteers and in patients. Over the last five years, Dr. Mould's skills • have developed in report writing and assessing the action of drugs in criminal cases where the action of drugs might have been responsible.

• The role of the Expert Witness is to assist the Court on specialist or technical matters within their expertise.

Dr. Mould is able to provide an unbiased opinion to the facts presented. His reports are clear and portrayed in numbered paragraphs for ease of reference. Written in detail using latest research, the reports are generally written within two weeks following an instruction and can be modified in the light of new evidence.

For further information, please call Dr. Graham Mould at XPC Services on 01483 685 785 or visit the company's website at www.xpertwitness.co.uk

Errors in dispensing of prescribed medicines Interpretation of toxicology reports relating to drug levels Assessing results of overdose situations

However recent cases have included: Prescription drugs and alcohol and the effects of depression and violence in terms of wounding with intent.

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Drug involved sexual assault through the spiking of drinks in bars and club.

The volume of cases of this nature seems to have increased over the last six months due to the number of drugs that are now around.

• The use of Dinitrophenol as a slimming agent or to build muscle. The drug, which is largely purchased online requires the user to ingest a potent compound and at least one individual has died as a result of taking it.

market: The company manufactures advanced Supranano™ fingerprinting powders which allow for better definition and less background staining.

These products are now being sold worldwide.

The Award recognises the advancements that the company has made in revolutionising latent fingerprinting powders and the direct analysis of latent fingerprints.

ARRO Supranano Ltd is dedicated to the research, development

and manufacture of Nanotechnology derived particles and services for forensics, counter terrorism and healthcare.

Current products are targeted at two complementary applications for the international forensics

Most importantly the Supranano™ powder has been further developed to allow comprehensive analysis of the finger mark obtained from the crime scene within minutes of being received at the laboratory. Arro’s technology is the only patented direct method for obtaining this level of information. Incorporated in a special sterile kit the Supranano™ powder is brushed in the normal way, the fingerprint lifted, photographed, sealed, recorded and sent immediately for analysis to the laboratory. A full analytical report and suspect profile can then be furnished with same

day turnaround.

The Supranano™ powder is especially chemically designed to capture all contact residues, metabolites and biomarkers on the finger mark while allowing fast analysis

by SALDI TOF MS spectrometry. In this way a complete profile of the suspect can be obtained from the mark including whether the person is male or female, been in contact with illicit drugs, handled explosives, have taken drugs of abuse, are on specific medication, do they smoke and to what degree, together with dietary indications. Given this technology it is possible to rapidly home in on the suspect while eliminating innocent parties.

Arro’s advanced technology based on Supranano™ sub micron particles is revolutionising forensics and will boost the fight against crime.

On receiving the Forensics & Expert Witness E Magazine’s annual Award, ARRO Supranano™ Managing Director, Eamonn Cooney commented: “ The advantages of this innovative, intensively pioneered technique is that the sub-micron silica particles perform a dual role acting as a fingerprint development agent giving highly defined images with excellent contrast on non porous and semi porous surfaces while in addition allowing for rapid analysis of the finger mark by SALDI TOF.MS spectrometry.

The method complements current crime scene protocols for lifting fingerprints.

It is easily employed yet fully effective with potential to acquire multiple characteristics of the donor including information on lifestyle.

Both robust and highly sensitive it enables

detection of minute trace quantities of excreted substances on the finger mark and through the pores. The rapid analysis takes less than 5 minutes in order to complete a suspect’s profile.

Latent Fingerprinting Powders Arro’s Supranano™ powders are specially engineered to adhere very closely to the fingerprint ridges and features potentially resulting in a 20-40% improvement in clarity and definition dependent on a range surfaces and materials. In many cases Arro’s powders and suspensions are perceived to offer a significant improvement over current powders while also allowing existent prints to be revisited.

Benefits: • The Supranano™ engineered powders are both hydrophilic and hydrophobic meaning that they adhere more

The Bruker ultraflex III MALDI TOF/TOF

closely to finger mark features.

• Prints have clearer definition with much less risk of background staining.

• The fine Supranano™ powders allow for smoother application.

• Offer significant enhancement of both footwear marks and fingerprints • Have less propensity for smudging • The Supranano™ powders are reported to lift well with a range of tapes and gels.

• The Supranano™

magnetic powders work well with both small and large area wands having low risk of scratching and interference.

• The fluorescent Supranano™ powders give exceptional definition when illuminated with a UV

light source.

• The fluorescent Supranano™ suspensions have been reported to perform well in adverse wet conditions.

The Supranano Powders and suspensions are available in a range of colours and formulations.

Analytical technology To benefit from the enhanced capabilities of the Supranano™ fingerprinting powders Arro has developed the only patented technique for direct analysis of latent finger marks by MALDITOF MS spectrometry using SALDI TOF MS technique. Applying patented Supranano™ nanotechnology based powders with Surface Assisted Laser Desorption Ionisation (Time-Of-Flight) analysis provides a quick and simple technique for the analysis of developed latent fingerprints.

By matching spectra to Arro’s software library

this fast innovative technique can be used to: • identify specific contact residues in latent finger marks: e.g. Nicotine, drugs and explosives.

• identify endogenous and exogenous metabolites in latent finger marks e.g. Drugs and various biomarkers

including for sex with downstream potential for other biomarkers to indicate age and ethnicity.

• Potential to harvest skin cells from latent finger marks giving DNA Using Supranano powders it is also possible to analyse finger marks which have already been treated

with CNA (Superglue).

Supranano powder technology will improve efficiency in solving crime by providing rapid supporting evidence for suspect identification or elimination.

What does the future hold? The Supranano technology is currently being investigated for other groundbreaking applications in medicine and pharmacogenomics.

For further information, please call the award-winning, ARRO SupraNano™ plc on 0191 511 8319, email enquiries to sales@arrosupranano.com or visit the company’s website at www.arrosupranano.com

Dr. James Finlayson MB ChB MRCPG Psych Psychiatric medico-legal reports

For sixteen years prior to instructing on psychiatric medico-legal report writing as an independent expert witness, Dr. James Finlayson ran a general practice on a remote, rural island.

This 'small community' experience coupled with having been involved in the practice of psychiatry since 1980, has provided Dr. Finlayson with an extra understanding of the development of people and how society changes during stress points in a subject's life.

Dr. Finlayson began writing medico-legal reports whilst practising in psychiatry full-time some twelve years ago.

Instructing on requests for his expert opinion, he found this side of his work an interesting and challenging area, which he was keen to develop.

Over the past two years, Dr. Finlayson has instructed on over 200 reports, which have included civil and criminal cases.

In civil cases, such as Road Traffic Accidents (RTAs), Dr. Finlayson is tasked with uncovering the truth. When consulting with a patient, Dr. Finlayson will explain why he is seeing the client, his independence from previous events and that he will write the same report for both sides (defence and prosecution), therefore giving a clear, unbiased overview of the client's psychiatric well-being both preceding and following the results of the accident.

This enables the psychiatric expert to gain a level of trust and create a clearer picture of the clients mental wellness.

Unlike most other forensic experts, Dr. Finlayson prefers to approach the cases he is instructed on with no background information thus maintaining an openminded approach to civil matters. Whilst consulting the client, he encourages the individual to be be open and honest about personal matters and the complexities of life – many clients, particularly men appear in denial of their problems, which in terms of psychiatric assessment, is against their own interests.

It is common error for expert witnesses not to review information enough. Following initial consultancy, Dr. Finlayson will then access the individual's GP reports, which give an insight into the pattern of the clients life.

Using all of the information available to reach a conclusion, Dr. Finlayson's medico-legal reports avoid contradiction, whilst revealing honest and detailed psychiatric findings.

The outcome of civil instruction is geared towards unravelling how an adverse event such as a car accident or accident at work can have a psychological effect upon the subject and if, underlying issues prior to the event had an impact in the emotional turmoil that the individual is now suffering?

Whereas in criminal proceedings, Dr. Finlayson is

instructed to assess the responsibilities of the individuals involved and how their mental health may have played a part in how an event has unfolded.

The psychiatric expert has also worked on instructions from professional organisations – assessing an individuals performance of their role

Please Tel: 01478 650 417 or email enquiries to jadfinlayson@doctors.net.uk

Dr. COLIN S.B.ROCH-BERRY

LLM, MB, BS, FRCR Consultant Clinical Oncologist & Expert Witness

Has gained an enviable reputation for offering highly professional, independent services as a Single or Joint Expert Witness; dealing with both Criminal and Civil cases, proving Professional Negligence for the Defendant or the Claimant, as per the individual requirements of the case in question.

Dr. Roch-Berry added: "On average I receive 18 new instructions from Clearing Houses every year, a great many of which involve GP's who are slow to refer the patient, or fail to organise urgent follow-up treatment. Whilst a relatively low percentage of women in their 30's get breast cancer, it is extremely aggressive and if left untreated for 6 to 9 months it can have a serious outcome.

I am currently working on a case involving a lady of 30 who, despite not even having an physical examination, was assured by her Dr. that the lumps in her breast were nothing to worry about. A year later she became seriously ill and was taken to A & E where she was informed she had metastasized cancer of the breast."

Having trained in all legal aspects of report writing Dr. Roch-Berry gained his Masters Law Degree (LLM) in 1991; becoming an accredited as an Law Society Expert Witness the following year. In a recent interview Dr. Roch-Berry explained:

Dr. Roch-Berry's expertise is sought worldwide, as highlighted by the fact that he has been invited as a speaker at 22 National Conferences and 12 International Conferences not only in London and throughout Europe, but also in Hong Kong, Malasia, Thailand.

"My special interests are in gynaecological, breast, lung, GI, rectal. thyroid and prostate cancer. I am also experienced in modalities of Radiotherapy - damage, overdose/underdose and accident, Chemotherapy - misuse and overdose, Lung disease - mesothelioma and industrial lung disease."

Therefore, it comes as no surprise to learn Dr. Roch-Berry has received a number of accolades, including being Awarded President's Medal Cancer Relief Macmillan Fund 1996, Awarded Chairman's Medal Cancer Relief Macmillan Fund 1991 and Awarded Honorary Life Membership Cancer Relief Macmillan Fund 1985.

Consultant Clinical Oncologist & Expert Witness Dr Colin, Sydney, Bertram Roch-Berry, FRCR, LLM, MB, BS

Dr. Roch-Berry's illustrious career gives him the necessary credentials to provide first class services as an Expert Witness. Having held the prestigious post of Governer Glos. at the Hospital Foundation NHS Trust for the past 14 years, as well as being Honorary Consultant Glos. Hospitals F Trust since 2006 and Fellow (Governor) Glos. University since 1992, Dr. Roch-Berry is able to draw on the wealth of experience he has gained throughout his career, which includes 7 years at the Caldicott Guardian Glos. Hospitals F Trust; 5 years at the Caldicott Guardian Partnership NHS Trust and 24 years as Consultant Clinical Oncologist 3 Counties Cancer Centre Cheltenham.

As the second most common cancer in women, Breast Cancer cases mostly occur in women over the age of 50.

If you notice any lump or change to your normal breast then you should see a doctor promptly. If breast cancer is diagnosed at an early stage, there is a good chance of a cure.

The fact that Dr. Roch-Berry is a Member of an array of professional organisations worldwide, including the Society Expert Witnesses, the Medico-Legal Society and the British Medical Association, the Royal Society of Medicine; the British Oncology Association; the American Society of Clinical Oncologists and the European Cancer Organisatio, serves as a 'seal of approval' to prospective clients.

DR. COLIN S.B. ROCH-BERRY Oakfield, Badgeworth Lane, Badgeworth, Cheltenham, Gloucestershire, GL51 4UQ Tel: 01242 862703 Fax: 01242 862703 Email: roch-berry@doctors.net.uk

Medico legal

Newsletter: Spring 2014

MR OLUSOLA ONI

MBBS, MSc, LLM, MD, FRCSEd, FWACS, FMCS, FRCSEng Consultant Orthopaedic Surgeon & Expert Witness As far back as 1973 Mr. Olusola Oni knew exactly what he wanted to do in life and set about completing the necessary academic training to achieve his goal. This included successfully completing his studies as a Graduate of the University of Ibadan, Nigeria in 1973, following which he achieved his MD and MSc qualifications at the University of Leicester.

Never one to rest on his laurels Mr. Oni then went on to further his academic qualifications by gaining an LLM degree at the University of Cardiff, together with a Postgraduate Certificate in Health Care Management and a GDL Degree from the De Montfort University Leicester.

Armed with this impressive array of academic qualifications Mr. Oni then gained practical experience whilst undergoing training at Newcastle-upon-Tyne, London, Watford and Leicester. Mr. Oni was bestowed with the honour of becoming a Fellow of the Colleges of Edinburgh, West Africa, Nigeria and England. Holding a Certificate of Completion of Specialist Training - CCST, it comes as no surprise to learn Mr. Oni's name appears on the Specialist Register.

Having retired early into fulltime private practice in 2004, Mr. Oni is today acknowledged as a leading Consultant Orthopaedic Surgeon whose area of expertise includes dealing with knee surgery, joint replacement, arthroscopic surgery, sporting and personal injury.

Predominantly but not exclusively dealing with knee surgery, Mr. Oni performs both arthroscopic ‘keyhole’ operations, as well as open operations - particularly knee replacement. He has developed a replacement specifically for isolated arthritis of the patello-femoral (knee cap) joint.

Mr. Oni also holds Membership to the GMC, Editorial Boards of Int. Journal for Care of the Injured, Reviewer and The Knee.

Expert Witness

Having practised, taught and conducted research specialising in trauma and orthopaedic surgery since 1978, together with his Legal qualifications from Cardiff and De Montfort Universities, Mr. Oni's credentials to act as an Expert Witness are without question irrefutable.

Dr. Oni is able to draw on over 30 years experience in preparing medico-legal reports for personal injuries; the majority of which involved road traffic accidents, with the remainder dealing with professional negligence cases.

He has performed adjudicating roles for the GMC and for the HM Court and Tribunals Service; having achieved an impressive reputation for writing clear, incisive and concise Woolf compliant reports with a quick turnaround

Mr. Oni offers a range of Expert Witness Services including: • Medico-legal Reports for Claimant/Defendant (£300/hr) • Medical Negligence Reports for Claimant/Defendant (£600/hr) • Telephone Conference (£300/hr) • Court Attendance (£600/hr) • Fitness-to-Practice Advice (£600/hr)

FOR FURTHER INFORMATION CONTACT MR. ONI AT

THE NUFFIELD HOSPITAL Scraptoft Lane, Leicester LE5 1HY Tel: 0116 276 9401 Fax: 0116 246 1076 Email: ooni141400@gmail.com SPIRE LEICESTER HOSPITAL Gartree Road, Oadby, Leicester, LE2 2FF Tel: 0116 272 0888 Fax: 0116 272 0666 Email: ooni141400@gmail.com www.orthopaedicspecialistuk.com LONDON MEDICAL CENTRE 142-146 Harley Street, London W1G 7LE Tel: 020 7935 0023 Fax: 020 7935 5972 Email: ooni141400@gmail.com

For over 20 years Dr. Marta Elian M.D. has been able to draw on her considerable academic training, together with her special expertise, to provide concise, objective Expert Witness Reports covering all aspects of general neurology, epilepsy, motor neurone disease, multiple sclerosis and objective smell tests.

DR. MARTA ELIAN M.D.

Working for either the claimant or defendant, as a single or joint expert, Dr. Elian has a great deal of experience in attending court; having in the past given evidence as an Expert Witness for cases involving personal injury, as well as disputes over medical negligence and inquests at Crown Court.

Clients should also note that consultations with Dr. Elian can be conducted, in addition to English, in Hungarian, Romanian, German, French or Hebrew, thereby negating the need for an interpreter.

Below are a couple of case studies undertaken by Dr. CASE NO 1 Elian: A 60 year old married man sharing a pub management job with his wife for 40 years was referred by the Crown Prosecution Service. Being a football fan he brought the neighbour's teenage son two football publications and retuned with a third one. On both occasions the sixteen year old sister opened the door. She remarked having heard what a nice flat he had; she came over to see it spending five minutes in the flat.

Two days after this brief visit she indicted him to the police that he “intentionally touched her with a sexual nature without her consent”.

He first knew about it at the time of the surprise arrest at home and taken into custody for several days.

He suffers from progressive Parkinson's disease since 1997. He slowed down, is unsteady but his main problem is “freezing” i.e. suddenly stops walking as if nailed to the ground especially where space is limited as in a crowded street or narrow doorway.

His abnormal behaviour – result of Parkinson's – was easily demonstrated during the consultation, when I instructed him while watching going through a narrow door. Visualising his behaviour I had no doubt he would have been physically incapable to perform the complex procedure he was indicted with.

This demonstration made it clear the girl was mistaken misinterpreting his Parkinson's induced behaviour.

Based on my report he was cleared – I received a thank you letter.

Consultant Neurologist & Expert Witness

CASE NO 2 Following a mild head injury after a road traffic accident a 26 year old man allegedly had several generalised convulsions confirmed by the GP's letter.

When asked to demonstrate the event – he did!

An impossibility as generalised convulsions always occur while unconscious.

To double check I asked the accompanying witness to imitate/demonstrate what was observed.

The demonstration well supported my opinion that the convulsions were not organic in nature.

I suggested hospitalisation with video recording as final proof. It confirmed what was clinically obvious that we are not dealing with genuine seizures.

Needless to say his claim was dismissed.

FOR FURTHER INFORMATION PLEASE CONTACT: DR. MARTA ELIAN Consultant Neurologist & Expert Witness 32a Queens Grove, London NW8 6HJ Tel: 0207 722 5508 Fax: 0207 483 1761