Forensic & Expert Witness Magazine, Forensics special issue by Federation of Forensic and Expert Witnesses

FORENSICS SPECIAL ISSUE 2019-2020

Sponsored by DRC Forensics one of our recommended forensic accountants and expert witnesses contact David now at www.drcforensics.co.uk In todayâ&#x20AC;&#x2122;s complex financial and business world there is often the need for a forensic expert and this issue you will find them ready to help with any legal case you have.

OGT

Lawy

Forensic Ltd We are a unique niche provider of Forensic Services in the UK, undertaking a limited number of highly specialist cases each year (circa 25), devoting the time needed to fully investigate each case, and including as thorough as possible analysis, consideration, and integration of both the forensic and also the circumstantial evidence. We take an intense pride, during such a time of uncertainty in the adequate provision of forensic services in the UK, in ensuring that all aspects of each case are fully investigated; even if this requires us to carry out additional pro bono investigations when private or public funds are unable to fully meet the demands of such a painstaking approach (not infrequently 100 hours of requested work having to be â&#x20AC;&#x153;written offâ&#x20AC;? due to the LAA or private individuals simply not being able to provide finance). Our ability to lead in the interpretation of forensic evidence (continuously innovating and introducing new and highly effective avenues of approach, analysis, and investigation) is especially appreciated by Defence Lawyers and Barristers, Insurance Companies, Prominent International Businesses, and also Private Individuals; who are otherwise faced with the alternative access to only the briefest consideration of their cases by the cheapest, poorly qualified, alternatives. Our innovations in the interpretation of forensic evidence arise as a result of a varied and prolonged, often pioneering forensic experience (34 years as a Forensic Scientist and 41 years total scientific experience). This experience includes a, perhaps, unusual combination of forensic casework experience augmented by having pioneered, researched and developed the basis of many of the major forensic trace analytical and quality control techniques in use today worldwide. Our experience also includes, critically, the pioneering first introduction of the techniques and protocols of clean room technology and quality control (1990 at the Forensic Explosives Laboratory) now the mainstay of Forensic Quality Control worldwide.

Even more unusually, in the field of explosives, practical training was gained (and also the ability to instruct others in) the techniques of Special Forces Demolitions, involving the trialling, testing and deploying of improvised and military, explosive and incendiary, mixtures and devices, often culled from official and unofficial instruction manuals. As a result of this varied experience we operate highly effectively in the fields of explosives (all areas), toxicology (including Insulin, Ricin, thallium, and CW agents), drugs (chemistry, synthesis, purity), DNA, firearms residues, sexual offences, (significance of traces), and a wide range of other applications in forensic chemistry (laboratories, counterfeits etc). Our approaches, not infrequently, result in even the most experienced, opposition experts having to concur with the defence opinion, due to the presentation of the most up to date research results, (some of which may just have been published only days before the completion of the defence report, as in a firearms residue case in 2018) (presence of tin in shotgun residue)) and also the avoidance of the use of subjective opinion.

yer monthly magazine expert awards: 2016, 2017, 2018, 2019. The sheer amount of time that we can devote to each case is often the game changer in many cases, and not infrequently allows us to prevail, due simply to our ability to detect and observe facets of evidence that have simply been overlooked (eg intensive inspection of training videos, augmented by our expertise in recognising the critical technical details, eg in a case involving preparation of ricin). Multi-Disciplinary Forensic Experience is also one of the mainstays of our expertise, and arises as a result of having pioneered and introduced the basis of the analytical techniques and quality control methods still used worldwide in a variety of forensic areas. The process of familiarisation and study of such areas has enabled us to provide new techniques, insights and approaches to the study of a variety of forensic expertise fields, the common thread being trace analysis combined with practical experience of the subjects being investigated. The ability to carry out detailed and highly effective forensic investigations into a variety of the most complex cases, which may often initially appear to be outside of our core expertise, but which often turn out to have a basis in chemistry (the basic and most fundamental specialism required for forensic work); coupled with referring critical aspects to other experts in a range of specialisms, as necessary, for them to focus on individual aspects of the case that might otherwise have remained unrevealed, is yet another game changer.

This experience has resulted in our involvement in the investigations into (among other cases) the Cyprus Poison Gas Extortion Case (Sarin and VX), Lybian Embassy Seige shootings, Lockerbie (Pan Am 103), Liquid Explosive Bomb Plot, London Glasgow Bombings, Wood Green Ricin Factory, Shakespeare Ellis â&#x20AC;&#x153;Drive-Byâ&#x20AC;? Shootings, Leeds Insulin Serial Killings, Roxel Rocket Motors UK v HSE, Private International Thallium Poisoning Case, etc etc).

A more complete listing of our achievements in individual cases and also the comments by instructing solicitors and barristers regarding our performance can be found on our website @forensic-expert.org.

EXPERTISE ACCELERANT RESIDUES

Improvised, Commercial, Trace analysis, Petrol bombs, Firestarting, Identification

ALCOHOL

Back calculations, Effects, Air rage, Impairment, Visual recognition of impairment, Serious injury liability, Illicit fermentation, Illicit production, Illicit distillation

CANNABIS

Trace analysis, Chemistry, Growing operations, Growing equipment, Hash oil extraction, Identification, Paraphernalia, Valuation, Growth yield, Usage rates, Medical uses, Road traffic accident impairment, Personal usage rates.

CHEMICAL WEAPONS

Military, Improvised, Chemicals, Toxin (Ricin), Devices- explosive, Devices- dissemination, Detection, Training manuals.

CS SPRAYS

Trace analysis, Effects, Usage, Recommended tactics

DNA

Trace analysis, Profile comparison, Quality assurance, Contamination issues, Low copy number profile interpretation

DRUGS

Analysis, Purity, Identification, Pharmaceuticals, Illegal drugs, Designer drugs, Banknote contamination, Detection- laboratory, Detection- roadside, Chemical synthesis, Illegal laboratories, Counterfeit drugs, Paraphernalia, Cultivation, Growing operations, Chemical synthetic operations, Usage rates, Valuation, Growth yield, Counterfeit Viagra, Date rape.

EXPLOSIVES

Military explosives, Commercial explosives, improvised explosives, Bombs, Ammunition, Roadside devices, Improvised explosive device design, Improvised explosive production health and safety, Electrical circuits, Chemical synthesis, Illegal laboratories, Training manuals, Target attack principles, Training, Petrol bombs, Chemical WMD devices, Toxin WMD (Ricin) devices, Trace analysis, Contamination, Quality assurance, Car bombs, LPG devices, Roadside IEDs, Timers, Booby traps, Detection, New explosives, Incompatibility of ingredients, Effects, Dirt-bomb devices, Radioactive isotopes, Defence against, Destruction of aircraft, Potential stability, Effectiveness against complex targets, Trials, Demonstrations, Hugh speed photography, Disposal, Device detection, Improvised detonators, Target selection, Target planning, Target approach, Stand-off devices, Rare examples.

Dr John Douse

BA, MA, D,Phil (Oxford), FRSC, FCSFS, F ChromSoc, MIExpE, MEWI.

OGT Forensic Ltd

FIREWORKS

Accidents, Improvised, Ballistics, Trajectories, Failure

GUNSHOT RESIDUE

Organic, Inorganic, Trace analysis, Contamination, Quality assurance, Natural occurrence

INCENDIARIES

Military, Commercial, Improvised, Devices, Detection, Firestarting, Target attack principles, Petrol bombs, Delay timers- military, Delay timers- improvised, Effects, Thermite, Rare examples, Training manuals.

PYROTECHNICS

Military, Commercial, Improvised, Malfunctions, Disposal.

RICIN

Extraction procedures, Dissemination, Administration, Training videos, Training manuals, Toxicity, Trace analysis, Confirmation

SECURITY DYES

Trace analysis, Identification, Natural occurrences/legal usage, Contamination issues, Quality con trol

TOXICOLOGY

Ricin, Insulin, Cannabis, Cocaine, Heroin, Ecstasy, Amphetamines, Designer drugs, Pharmaceuticals, Toxins, Pesticides, Chemicals, Alcohol, Illegal drugs, Trace analysis, Effects, Air rage, Fitness to drive, Impairment, Alcohol back calculations, Cause of death, Pharmacogenetics, Post mortem distribution.

For any further information please contact OGT Forensic Ltd

OGT

Forensic Ltd

07766 286 001 drjohndouse2@btinternet.com www.forensic-expert.org

Proceeds Of Crime Act (POCA)

An article by David Cook 1. Drc forensics is a firm of chartered accountants specialising in forensic accounting and expert witness work including defending “poca” cases. 2. The proceeds of crime act 2002 is generally regarded as fairly penal, giving the prosecution the ability to use a sledgehammer to crack a nut! It comes into operation following conviction, where the prosecution request the court to proceed to confiscation by deciding if the defendant has a criminal life style and if he has benefited from his criminal conduct. 3. This is normally dealt with by the prosecution issuing a statement of information which goes through the position and arrives at a figure of total benefit and available amount, with supporting appendices/documents showing how the amounts are arrived at. Subject to defence response, the court will be asked to confirm these amounts and therefore the amount payable by the defendant, usually within six months. A period of imprisonment, in line with the amount payable, will be imposed by the court, which will apply in default of payment. If the imprisonment is imposed, unlike court fines, that does not wipe out the amount payable and action can still be taken to collect it.

Director: Forensic Accounting

4. The amount payable cannot exceed the amount of the benefit, but can be, and often is, less than the benefit. In that situation, the “excess benefit” can be recovered in future if the defendant “comes into funds”.

5. It follows in most situations, that whilst the available amount is important to the defendant, the total benefit figure is very important. That can be particularly so, if the crown are alledging hidden assets as part of the available amount.

David Cook JP FCA MAE

www.drcforensics.co.uk

Proceeds of Crime 6. In the early days of poca we used to find that the prosecution’s calculations were very crude, often contained manifest errors and duplication so that it was very easy to make large reductions to the benefit figure. One of the worst examples we’ve seen of that was a ponzi fraud case where their benefit figure was £25m. One part of this was £2.5M with an appendix showing details of how it was made up with a total at the bottom of £2.5M. However the schedule added up to only £200k and requests for further information met with a terse response that all the information was there, there were no further pages or details and the total was correct. That went on until the hearing and meeting with the cps financial investigator at court, when on showing him the position he admitted that in arriving at the total the date of each item had been added in as well as the amounts. That total benefit was agreed at £5m.

7. Things have improved in that greater care is taken by the prosecution in producing their figures and there is less likelihood of large errors or discrepancies and they do make some effort to eliminate obvious transfers between bank accounts and other duplication. However in our experience, they do still very much go for the largest benefit figure that they can come up with, making little effort to trace items and make realistic reductions. They then go for the largest available assets that they can in anyway justify and do not need much justification to include tainted gifts and hidden assets, which can be difficult to deal with as it is hard to prove a negative.We find that largely this has to be done by as far as possible explaining all transactions and eliminating/reducing the benefit. 8. We have achieved a high degree of success in the poca cases that we have handled.

David cook jp fca mae T:+44 (0)1275 390407 F:+44 (0)1275 390439 M:+44 (0)7891 492002

Tel: +44 (0)1275 390407 Fax: +44 (0)1275 390439 Mob:+44 (0)7891 492002

In todayâ&#x20AC;&#x2122;s complex financial and business world there is often the need for a forensic accountant with meticulous attention to detail combined with analytical and interpretive skills of the highest order. David Cook is a chartered accountant with over 40 years experience of acting for corporate and private clients. David operates solely as a forensic accountant and expert witness and offers a diligent, personal and cost effective approach. Chris Gahagan is a chartered accountant, who has a law degree, with over 20 years experience. Chris worked with David at PKF, has strong commercial expertise and has joined DRC Forensics Limited to broaden the strength of the team

Chris Gahagan LL.B FCA Associate Director

David Cook JP FCA MAE

Director Forensic Accounting

DRC Forensics Limited offers the complete range of forensic accounting and litigation support.

Services include: * Fraud * Money laundering * Confiscation orders * Loss of profit * Professional negligence * Personal injury * Fatal accident * Partnership disputes * Shareholder disputes * Business valuations * Matrimonial including collaborative law

www.drcforensics.co.uk

Corporate Taxation& Tax Planning special issue ..... The importance of having an Expert Accountancy firm working together with you ......

Can your business afford not to ?

Goddards Accountants For For information information on on all all types types of of accountancy accountancy services, services, please please visit visit our our website website

www.forensicaccountingsurrey.co.uk www.cloudaccountingsurrey.co.uk

Goddards working together to streamline your companies accountancy requirements. Goddards Accountants is an independent firm of highly experienced professional finance managers and accountants providing a fully comprehensive range of accountancy services. Our accountancy services provide a unique alternative to the expense of employing a full time professional finance manager, when really what you need is the flexibility to buy the expertise you need to support your business when you need it. As your business continues to develop we can ensure, through our accountancy services, that your account and financial systems are up to the job, provide the means to meet your demand for Management Information and give you the strategic and financial management support you need in order to concentrate on other business issues. We are a cloud based firm offering a wide range of accountancy services which can benefit businesses of all shapes and sizes: audit, accountancy, taxation, payroll, training and company formation, i.e. complete financial management for your business. In addition we specialise in the provision of forensic accountancy services and expert witness services for the legal profession.

You choose the level of support that you need and we provide the skilled and experienced staff necessary to give you the highest quality accountancy services.

Meet the Team Derek Williamson

Audits, Statutory Accounts, Personal and Corporate Taxation FAIA, FFA, CMC, MIMgt

Jo Kjelgaard

Payroll and Bookkeeping

Rana Saleem

Accountant, Bookkeeping, Tax Adviser, Personal/Corporate Tax FCCA

Daniela Cavallino

Bookkeeping, CIS, VAT, Company Secretarial Statutory Accounts & Personal/Corporation Tax MAAT

Della Shanahan Administrator

Paula Bolton

Accounts & credit controller

Sharon Stevens Consultant

For information on other types of accountancy services, please visit our website: www.cloudaccountingsurrey.co

SERVICES Accountancy

Our Audit and Accounting services provides clients with account reviews, full Statutory accounts preparation and where relevant, full Audits.

Taxation

We can assist with Personal and Corporate Taxation, Tax Planning and defence against allegations of false profits and returns. We handle the paperwork and deal with the Tax Authorities so that you have more time to focus on the running of your business.

Company Formation & Secretarial

If you wish to change your Sole Trader business into a Limited Company, we can do that for you and also arrange for a Bank Account to be set-up. For all Limited Companies, we file Annual Returns, Minutes and all other statutory documentation required by law.

Payroll and CIS Returns preparation

Our Payroll services will enable businesses to avoid running their own payrolls under the Real Time regime, and so save time and money. Similarly, we can help those in the Construction Industry to file their CIS Returns to inform HMRC of all subcontractor's tax deductions.

Bookkeeping and VAT Returns preparation

Our Bookkeeping service provides clients with monthly or quarterly processing of their data, either via their offices or using Cloud Accounting software. We will also do quarterly Bank reconciliations. Once the Bookkeeping is up-to-date for the quarter, we will prepare and file your VAT Return to HMRC electronically.

Business Planning

We can prepare Cash Flow Forecasts, help with Budgeting, prepare Business Plans and offer Business Consultancy, Analyses and Reviews.

Forensic Accountancy

We can offer Forensic Accountancy services in cases of Fraud, Loss of Profits, Loss of Earnings, Matrimonial Disputes, Business Valuations, Insolvency and DWP Benefit Frauds.

WE HELP YOU WORK SMARTER NOT HARDER Goddards Accountants is an independent firm of highly experienced professional finance managers and accountants providing a fully comprehensive range of accountancy services. Our accountancy services provide a unique alternative to the expense of employing a full time professional finance manager, when really what you need is the flexibility to buy the expertise you need to support your business when you need it. Providing flexible forensic accountancy and expert witness services in the areas of Loss of Profits, Loss of Earnings, Disputes, Business Valuations, Insolvency, Divorce and Financial Fraud, tailored to individual circumstances.

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Forensic Accountants • Loss of Profits • Loss of Earnings • Commercial Fraud • VAT Investigations • DWP Fraud • Matrimonial Disputes • Many more services Contact us today for more information and a free quote T: 020 8941 2187 F: 020 8783 0554 E: info@goddards-accountants.co.uk W: www.cloudaccountingsurrey.co.uk Spirit House, 8 High Street, West Molesey, Surrey, KT8 2NA

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

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

www.mjnforensics.co.uk

At Anglia Research we employ more accredited genealogists, legally qualified and independently regulated staff* than any other UK probate research company. The calibre of our team means that we find relatives fast and, crucially, we do not cut corners. Our genealogists liaise with a global network of agents to find missing beneficiaries, lost or unknown heirs, and the rightful owners of unclaimed assets.

Our areas of expertise include: • • • • • • • • • •

Missing heir location, Tracing property owners, Bankruptcy and insolvency search: domestic and overseas, Estate distribution guidance, Dormant and orphan funds, unclaimed shares and assets, Family tree verification, Media consultancy and research for TV programs such as ‘A House Through Time’ and ‘Who Do You Think You Are?’, Specialist services for solicitors including client tracing, document procurement, Local deeds registry searches and palaeographic services, Statutory will research & expert witness services.

“We can ensure family trees are correct for use as evidence of inheritance in cases of intestacy or other legal purposes.”

The standards of accuracy, thoroughness and integrity that Peter set when he founded Anglia Research still shape and define the company today. He started working as a professional genealogist in the 1970s, researching pedigrees as far back as the 12th century, but also specialising in modern research. His knowledge and abilities were soon recognised and he became the chief agent for two charities that reunited adoptees with their birth parents. Other activities included working on a large number of successful German-Jewish land reparation cases. His scrupulous approach meant that he excelled at probate research, where success after success led to this fascinating work becoming the company’s mainstay. Anglia Research has continued to grow, both in size and reputation, ever since.

Peter Turvey Expert Witness Member of AGRA Managing Director

Maintaining professional standards is of utmost importance to Peter. He has consistently declined to take part in the BBC’s Heir Hunters series, which he believes undermines client confidentiality and attracts amateurs into a field where experience and integrity are crucial. However, Anglia Research does cooperate with highquality TV programmes and other productions, and the firm's researchers have been heavily involved with many episodes of the BBC's Who Do You Think You Are? Peter is a member and former chairman of the Association of Genealogists and Researchers in Archives (AGRA) and bound by its strict code of ethics. He has served as chair of AGRA’s board of assessors, and as a lecturer and tutor at the Institute of Heraldic and Genealogical Studies (IHGS) and other institutions. He is also an accredited expert witness, a long-standing member of the Association of Professional Genealogists and a chessplaying, crossword-solving marathon runner – who still finds the challenge of tracing families as exciting now as he did all those years ago. Peter holds a current paralegal practising certificate and is regulated by the PPR

2019

Federation of Federation of

Expert witnesses Forensic Forensic & Expert&witnesses

www.angliaresearch.co.uk

Mr Richard Palette ACIB

Banking Expert Witness Richard specialises in expert witness work and has acted for Major UK & overseas law firms, corporate businesses and individuals contesting banking issues. Richard Palette has a wealth of experience and spent the latter years of his career in roles in the internal audit of large UK bank. He has wide experience and understanding of UK banking operations and is particularly knowledgeable about money transmission, financial crime and credit. He has held management positions in various large branches of National Westminster.

Now Richard acts as an Expert witness and his areas of interest include: BANKING & FINANCIAL: • Corporate Lending • Personal Lending • Risk Management • International Banking • Correspondent Relationships • Commercial Property • Residential Mortgages • Recoveries and Realisations • Back Office Procedures • Trade Finance • Letters of Credit • Leasing • Credit and Debit Cards • Know Your Customer • Anti Money Laundering • Payments • Account Opening • Fraud • Anti Terrorist Financing OTHER AREAS: • Employment Disputes • Behaviour of bank staff

01934 712946 | 07721 679681 | richardpalette@aol.com

EVIDENCE MATTERS Ltd Specialists in defending child pornography, fraud, anti-terrorism & counterfeiting cases. Plain English jargon free reports, on budget, on time by recognised Experts.

OUR SERVICES INCLUDE • Digital forensics - computers, phones, tablets & satnavs • Cell site analysis • Social Media Investigations - Facebook, Whatsapp, Snapchat etc • CCTV Analysis • Data recovery • eDiscovery • Departed Employee Investigations Criminal (inc publicly funded), civil, employment & commercial work undertaken UK and International instructions accepted We have examined more than 5000 computers and related equipment and provide Expert evidence in excess of 300 cases each year. 24 hour NATIONWIDE SERVICE Confidentiality and discretion guaranteed.

Please visit our website www.evidence-matters.com for more information

THE TEAM Sarah Vella Case Manager

Rashid Raja Senior Digital Forensics Expert

Working in the legal arena for over 20 years, Sarah has extensive experience and training in the field of cell site analysis and communications data analysis including high profile investigations, such as the Omagh Bombing civil case.

Gaining most of his early experience in the commercial/ fraud field with the likes of EDS/Vistorm and the Serious Fraud Office, Rashid has completed professional courses relating to Digital Forensics, IT Security and Penetration Testing.

Sarah also has extensive experience in categorising alleged indecent and prohibited images of children, along with extreme pornography, according to current sentencing guidelines. Such Image reviews often result in a significant reduction in the number of images charged, or with increasing frequency, cases being discontinued Sarah is a former Police officer. Prior to that she worked as an Authorised Officer within Trading Standards and as an Investigator within a Software Anti-Piracy Unit for a trade organisation â&#x20AC;&#x201C; conducting test purchases, PACE interviews and case building for criminal cases involving the manufacture and sale counterfeit digital goods (Playstation & Nintendo) across the United Kingdom.

Now specialising in defending high profile cases including child pornography, fraud and terrorism matters, he is a recognised Expert Witness who has conducted more than 3,000 examinations of computers, mobile phones and other digital media to date. His Expertise has taken him as far a field as Saudi Arabia and Mauritius. Rashid is a vetted Expert on the UK Register of Expert Witnesses.

Steve Smith Digital Forensic Expert After gaining his MSC in Forensic Computing, Steven has spent the best part of 10 years working as a prosecution Digital Forensic Examiner for numerous Police Forces providing Expert evidence and assistance to the Courts in both civil and criminal matters. He then moved to the commercial field of eDiscovery, gaining extensive experience with platforms such as Intella, Relativity and Nuix and overseeing the forensic acquisition of data both within the United Kingdom and Internationally, with his expertise taking him to destinations such as Armenia, Greece and the Ukraine. An experienced and qualified Expert, he has handled more than 3,000 forensic examinations of computers, phones and associated devices for criminal investigations, coroners and family court matters. Steven excels in defending indecent images, fraud and terrorism cases.

CONTACT US Laura Johnson Digital Forensics Examiner With a Law degree from the University of Gloucestershire, Laura joined the company in 2006 and has conducted over 3,500 forensic examinations of computers, phones, tablets and SatNavs. An experienced and qualified examiner, she often manages to extract data from devices where others have failed. Her evidence has been critical in many cases involving social media. In a recent rape case she was able to prove that a Facebook profile (purported to be that of the defendant) was in fact fakeâ&#x20AC;Ś..and as a result of her report, the witness admitted fabricating the crucial Facebook messages. Laura is a vetted Expert on the UK Register of Expert Witnesses.

Digital Forensics & Cell Site Expert Witnesses Evidence Matters Ltd 30 Carters Lane Kiln Farm Milton Keynes MK11 3HL 0330 660 0052 07921 579910 info@evidence-matters.com www.evidence-matters.com

We are Mias

We help clients manage risk and protect their reputations through the provision and analysis of information. We work on oneoff assignments and long-term projects for a wide range of organisations, from financial institutions, law firms and family offices to multilateral organisations. The foundation of our business is client confidence and getting the results our client requires we are committed to helping our clients build organisations that are secure, compliant and resilient in an age of ever-changing risk and connectivity. We can supply bespoke security to safeguard companies and private individuals from information theft. fully trained, our operatives continue to pursue professional development and familiarity with the latest trends and changes We work for Confidentiality is important to many of the organisations we work for, so we donâ&#x20AC;&#x2122;t identify clients as a matter of course. They include national and multinational businesses in all sectors, law firms, and government departments from many parts of the world and an increasing number of non-governmental organisations. We also support small and medium-sized national and international companies on their journey to greater security, compliance and resilience.

Our private clients range from single family offices to entrepreneurs, sports professionals and celebrities, our professional and responsive service is discreet, we offer personal security both at home and overseas. Corporate services We offer an eclectic mix of services that suit that will discover all possible facts, using the latest technology to support our clients and enable them to move forward Our team of experienced analysts, researchers, legal experts, IT and forensic investigation professionals are available to provide advice and guidance to help you meet every business challenge-real or anticipated. • • • • • • • • • • • • • • • •

Insurance Fraud Investigation Forensic Accountancy Asset trace and recovery Due diligence Serious Crime Cybercrime Investigations IT Forensics Electronic Counter surveillance Financial investigations Intellectual property theft Director investigation & dealing Secret commissions & kickbacks Fraud investigation Personnel vetting & background checks Pre-Litigation investigations Complex cross-border intelligence gathering

Special projects We are committed to guiding and supporting our clients at every stage through often difficult and complex situations. Our capability is substantial and far reaching and our timely and responsive service is what makes us a continued provider of choice for a range of business organisations, and key influential decision makers when it comes to protecting infrastructure, finance, personnel, assets and reputation. • • • • • • • •

Technical and physical surveillance Technical surveillance countermeasures Secure data storage Encrypted communications Online reputation repairing Secure transportation Electronic Forensics Cyber security and penetration testing

Mias consultants international New Alderston House, 3 Dove Wynd, Strathclyde Business Park, Bellshill ML4 3FB 0808 123 4565 0207 781 9247 info@miasconsultants.com miasconsultants.com

Dr Elizabeth Soilleux MA, MB, BChir, PhD, FRCPath, PGCertMedEd

Expert Witness Pathologist I am an experienced coroner's pathologist with over 10 years' consultant level experience and experience of over 1,000 autopsies, including many complex ones. I undertake medicolegal cases in haematopathology, autopsy pathology and other areas of pathology by agreement. I am able to recommend experienced expert colleagues where I feel others have greater expertise. With over 8 years involvement in medicolegal work I am able to provide short reports on specimens or full court compliant reports. I can also provide expert biopsy reporting, as either a primary diagnosis or second opinion. Keeping medicolegal cases to 10 - 20 per year, ensures high quality work with attention to detail and a high calibre, very clear and user-friendly service. Turnaround time is 4-6 weeks from receipt of all relevant information, but cases can be expedited if there are extenuating circumstances. Expert biopsy reporting is rapid taking 2-5 days, depending on complexity. 90% of work undertaken is for the claimant although I am happy to work as a â&#x20AC;&#x2DC;single joint expert' and will cover any international geographical area, as, in pathology, material can almost always be posted.

MEDICO-LEGAL | EXPERT BIOPSY REPORTING | CONSULTING SERVICES

Autopsy work will only be undertaken in the UK and Ireland. I am able to translate material from French, German and Spanish.

Please contact me to discuss your requirements without obligation. Dr Elizabeth Soilleux | 07798 643879 | www.expertwitnesspathologist.co.uk

T RI

U C E

B Y C

A fast and effective service for both small and large clients.

A CI

Comprehensive technology Expert Witness Services, independent and

Passion, Experie

Whether an organisation or individual is dealing with: project, program or corporate failure; patent infringement of a new technology; trade secret misappropriation; the security implications of a breach where theft of a proprietary idea was the goal; intellectual property (IP) case involving technical or scientific evidence; failed Fintech or Technology M&A, programs or projects; serious technology-driven incident - Hardware, middle-ware, software, Architecture; Cyberwarfare, hacks, IT attacks & crime; Forensic & Anti-forensic investigation plus analysis; - Litigation and Lawsuit support and expert testimony plays a crucial role in any case involving technical or scientific evidence. Our record of accomplishment is attributable to the rigor and ethics to which our expert witnesses subscribe. They write their own reports and only present findings rooted in science and fact, as expert witness, trial consultants, and single joint experts (SJE), in both civil and criminal proceedings, and due diligence services. As independent specialists, we have worked on behalf of private individuals, corporations, investigating authorities and with advocates representing claimants or defendants. We establish and present evidence so that it is robust enough to take legal action and, if necessary, an on-hand expert witness. Many industry awards and accolades, example: Best Technology Design & Development Expert - UK 2017 Consultancy & Advisory Awards.

We provide expert testimony regarding the technology underlying the most technically complex cases. We work effectively with a range of important stakeholders from the board to technical experts, translating complex aspects of a matter for non-technical audiences.

d impartial, solid reliable experts with renowned worldwide expertise.

ence, Diligence.

Our areas of work include: • Artificial Intelligence, AR, 5G holograms, plus the use of artificial intelligence and data analytics allowing risks to be priced more effectively; • Blockchain; distributed ledger, smart contracts technology; • Coding, from Assembler machine language through to Z-notation; • Cybersecurity, defence and offense, breaches; • Data privacy; • Decentralised Autonomous Organisations, SLA, OLA; • Digital media and IT Technology; • Due Diligence; • eCommerce and concomitant internet services; • eDiscovery; • Failed projects, corporate actions, systems; • Fintech, Financial services, pure technology, start-ups and investments; • Hardware, middleware, design and Architecture; • Internet of Things, IoT; • Licensing, patent and protection, infringement; • M&A, merger and acquisitions; • Network, telecoms; • Robo guidance; • Software, forensic and anti-forensic; • Technology development, risk, and program failure.

AREAS OF PRACTICE DEDICATED AND LOYAL SPECIALISTS The world of technology is ever growing and evolving, and we’re not just talking about software or hardware trends. With the consistent introduction of varying streams and e-channels, the opportunity for business grows, but so does the complexity. That’s where we come in. LITIGATION Demystifying tech law is in itself a constructive practice. It requires finesse, strategic structuring, and in many ways, empathy. At the end of the day, technology and its uses are profoundly unique. That’s why we oftentimes advise mediation or arbitration before stepping into litigation. SMALL OR LARGE CLIENTS Often, more than one area of expertise is required, for example: - technology, law, cyber defense, criminology. With our organization, there’s no need to hire a multitude of specialists. We can render pre-action consultancy and help advocate. BUSINESS STRATEGY The startup and small business marketplace is still a new and fierce frontier that requires legal advice from people who are deeply entrenched in the particularities. Our firm gives you an holistic approach, so your company can get the best competitive advantage. DIGITAL MEDIA & TECHNOLOGY The internet, software, and technology are so pervasive that we can’t remember having ever lived without them. They make our lives simpler, but behind the curtain are fluctuating challenges in protection and monetization—challenges that our organization stays two steps ahead of. TECHNOLOGY ICT LAW Tech law is a little bit like the Wild West. There’s a lot of potential, but some rules can seem convoluted and vague at best. The complex, important, and often ground-breaking world-wide cyber and technology matters on which we work attracts the best and brightest from around the world. We have been lucky enough to hire and collaborate with the best in business, law, fintech. CONTACT US:

Better yet, let us talk in person. Feel free to contact or email direct with queries or requests.

eExpertWitness London, England W1G 9SG, UK +44 207 193 8355 mail@eexpertwitness.com eexpertwitness.com

Award For Expert Witness Services For Forensic Accountancy 2019-2020

David Bunker

It Gives us great pleasure to announce that the Federation of Forensic and Expert Witnesses has announced this years Independent Awards and has profiled one of its members for their outstanding work with in their chosen specialty in this case Mr David Bunker from Bunker & co Chartered Accountants who works out of Bristol but covers the whole of the U.K. This is for the lifetime of commitment he has given to the field of Forensic Accountancy and Mediation to his customers and to the Expert witness industry. The Awards are independent to the Federation are designed to raise the profile and highlight in our opinion the best in their given fields of expertise. The Federation hope to bring this to the attention of the lawyers and barristers that follow them on linked in and who visit their site and read their E-mag that can be viewed at www.forensicandexpertwitness. co.uk.

Federation of

Forensic & Expert witnesses

Award 2019

David Bunker has a special interest in Forensic Accountancy and Dispute Resolution cases covering all subjects. David is also a chartered accountant and member of the Academy of Experts with over 20 yearsâ&#x20AC;&#x2122; experience in public practice. He has a long standing interest in sustainability issues, serving for many years as a trustee of the Centre for Sustainable Energy and is currently a director of Windcluster 2000 Ltd., a windfarm complex in Cumbria and Mongoose Energy Ltd. David is also a Director Bristol Community Energy and a number of others.

To instruct David please contact:

David Bunker FCA 0117 4037799 07831 784006 davidbunker@david-bunker.com

Arbitration or Mediation:

Which is a Better Fit For Your Dispute?

I have been involved in resolving a great many commercial disputes either by means of Arbitration or by Mediation.I have a great respect for both processes but find it inescapable that some disputes get settled by Arbitration when Mediation would have been more appropriate and vice versa. In this article I will highlight the salient differences and give some pointers as to which process to use. The first difference is the availability of the process. Mediation is available as an option before proceeding to trial for almost any commercial dispute. Indeed, it is positively encouraged by the Court, who are likely to penalise a successful litigant who has declined to first try Mediation by restricting the Costs awarded. By contrast an Arbitration can only be entered into if there is a contractual agreement that Arbitration can be invoked in the event of a dispute, which pre-dates the dispute that has now arisen.

Both methods of Dispute Resolution are often presented as being relatively informal.

This aspect has, perhaps, been overstated. Both methods do offer a route for resolution of the matter in question without the formalities, costs and timescale of the Court, but they have built up their own procedures. Both procedures can proceed as fast as both Parties are able, at a venue mutually agreed, and to that extent there are obvious cost savings. In my experience a Mediation can be arranged more quickly than an Arbitration Hearing. I have never been involved in an Arbitration Hearing where the Parties did not opt for a quasi judicial setting, with Counsel representing each side and Court formalities observed.

DAVID BUNKER

Arbitrator & Mediator

The crucial distinction between the two procedures is that an Arbitration results in a decision which is binding and a Mediation does not. At the end of a Mediation the Parties can either come to an agreement or accept that they will meet each other again in Court.This is simply not the case with an Arbitration; the Arbitrator will provide a decision which is very difficult to overturn. This crucial difference has a significant effect on the approach and demeanour of both Parties.In my experience, some Parties enter a Mediation simply to test out the resolve of the other Party. This cannot be the case with Arbitration. The Arbitration Hearing is the first and final opportunity for each Party to present their case before an independent third party.

So which process is better?

Both have much to recommend them for the resolution of commercial disputes compared with the conventional Court process. It has been my observation that Arbitration is more appropriate for a fundamental dispute over an issue of principle or question of truth. These kind of disputes are unlikely to be resolved without seeking the final decision of an experienced independent person and are rarely resolved satisfactorily at a Mediation. However, if a dispute is fundamentally a commercial dispute where there is an element of responsibility to be borne by both sides and the dispute centres round the division of the financial consequences of a failure of a commercial agreement Mediation is a more appropriate method to bring the dispute to a negotiated conclusion so that both Parties can put the dispute behind them.

David Bunker

T: 0117 4037799 M: 07831 784006 davidbunker@david-bunker.com www.david-bunker.com 66 Gloucester Road Bristol BS7 8BH

Expert Witness reports Consulting Pre-owned Equipment

Mr Neil Longdin, director of Icenic Forensic, has over 22 years police sector experience in crime scene evidence imaging/photography and fingerprint and footwear retrieval/visualisation. He offers extensive knowledge within his discipline providing technical expertise and expert reports both within the UK and overseas.

2019

Federation of Federation of

Expert witnesses ensic Forensic & Expert&witnesses

Iceni Forensic provides consultation sevices in forensic / crime scene Photography and fingerprint retrieval and visualisation. Services include consultancy in the following areas:

Our services are entirely tailored to client requirements. Your project is important to us, so to maximise opportunities from available funding, early engagement is ecouraged.

Please do not hesitate to contact us to discuss your requirements or projects. +44 (0) 7812 424 195 | neil@iceniforensic.co.uk | www.iceniforensic.co.uk

Management of Drone Threats at Events

Regrettably a number of drone accidents in crowded places have taken place around the world. The testimony of one victim is particularly thought-provoking. “In August 2014 I was hit by a drone. It caused a brain injury, resulting in my life changing dramatically. I still have extremely poor short term memory, anxiety and panic attacks, poor balance, ringing in my ears and a loss of selfconfidence. The drone operator was less than 20 feet away. I was struck hard enough to still have an indentation on my skull”.

An article from Solomon N’Jie

The author has been working with a leading UK festival organiser to implement an effective drone detection, counter measure and enforcement option at 10 major music festivals across the UK taking place in the summer 2019. It consists of an automated system that detects and classifies incoming drones entering a No-Fly-Zone around festival sites together with the pilot location. There would then follow a major effort to Identify and locate illegal drone operators, collect and preserve evidence for a police investigation leading to potential criminal prosecutions by the CPS.

In the UK drones are well regulated, with clear guidance from the Civil Aviation Authority (CAA) however, activity outside of these directives is starting to cause problems. All drones have the potential to drop out of the sky and hit people, buildings or valuable objects whether that is through human error, loss of connectivity or technical malfunction. Unfortunately too many people open the box, pay cursory attention to the instructions and fly the drone without fully understanding the handling capabilities, safety requirements and regulations.

A drone is defined as any aircraft without a pilot on board, collectively known as an Unmanned Aerial Vehicle (UAV). These flying machines can be flown by a pilot using a remote device with GPS holding them in a flight position on most consumer drones. The learning curve for lightweight drones is around two weeks, for someone to feel confident flying and filming. With a relatively low price point drones are available to all and this increasingly popular technology has the potential to greatly enhance or negatively impact our lives.

Pilots who are unaware of the CAA regulations or choose to ignore them can expect to be prosecuted. Nigel Wilson admitted illegally flying drones over Liverpool, Derby County, Manchester City and Arsenal football stadiums in 2015. Fining him a total of £1,800 for nine offences and confiscating his drones, district judge Quentin Purdy told Wilson he showed “a flagrant disregard for people’s safety by flying his three drones over busy, built-up areas.

At each one of these places an accident could have occurred simply by a gust of wind or something of that nature taking it out of your control. It was the height of arrogance in terms of public safety.” Communication plays a major part in raising the awareness of drone misuse at outdoor events through the use of social media channels, website notices, legal declaration on conditions of entry, plus media releases confirming any temporary flight restrictions and ‘No drone signs’ on site. Government has proposed all drones are registered after November 2019, with online drone safety training for all pilots before they are allowed to fly and appropriate fines in place if not followed. Advances in drone technology, which now include biometric and infrared cameras, raises significant issues for privacy and civil liberties, given they are capable of videoing the facial expressions of people on the ground from high in the air. CAA regulations require drones fitted with a camera to be flown at least 50m from a person, vehicle, building or structure and 150m from congested areas or large groups (1000+) of people such as a sporting event or outdoor festival. Data gathered by UK drones is governed by the Regulation of Investigatory Powers Act 2000 and the CCTV code within the Data Protection Act. When shooting video or photographs in public places ideally consent should be obtained from individuals.

However, this can be impractical with large numbers of people so the key test is whether the individual has a reasonable expectation to privacy with regards to the images taken. Unfortunately there is no fixed rule and each situation has to be assessed on a case by case basis. The potential for drones is extraordinary as on board technology becomes ever more sophisticated and increasingly affordable this will undoubtedly boost consumer and industry use across the UK. It is important the current regulations that help enforce safety and promote safe airmanship are followed to reduce the threat and risks to those attending events to as low as is reasonably possible. Solomon N’Jie advises public event organisations in drone operational planning and delivery services together with the implementation of drone detection and lawful countermeasure options. Expert Witness services have been provided over the past 5 years covering public event injuries for lawyers and courts to use in civil litigation cases.

Please Contact: Solomon NJ’ie 07989664070 sol@solmanagement.co.uk www.solmanagement.co.uk

Prof David M Taylor BSc, MSc, PhD, FCMHP, MRPharmS, FFRPS

Psychopharmacologist

Recognised expert in psychopharmacology. Director of Pharmacy and Pathology at the Maudsley Hospital and Professor of Psychopharmacology, Kings College, London. International profile in research and author of several textbooks of psychopharmacology, including the Maudsley prescribing guidelines. Provided expert witness testimony for more than 300+ cases. Extensive experience of cases involving suspected adverse effects and of claims resulting from prescribing errors. Expertise in the behavioural effects of antidepressants and many other drugs. Acknowledged proficiency in negligence claims relating to pharmacistsâ&#x20AC;&#x2122; activities and to prescribing (all areas of medical practice). Expert in back-calculating drug plasma levels for both legal and illicit drugs.

39 Church Road | Teddington | Middlesex | TW11 8PF

07769 698016 | professordavidtaylor@gmail.com | dmt44@live.co.uk | www.professordavidtaylor.com

Managing Ligature Risks â&#x20AC;&#x201C; Preventing Death By Hanging

by Joanne Caffrey Expert Witness

Managing Ligature Risks – Preventing Death By Hanging

by Joanne Caffrey Expert Witness

Suicide by hanging is the act of intentionally killing oneself via suspension from an anchor point or ligature point by a ligature, or by falling from a height with a noose around the neck. It is one of the most commonly used suicide methods and has a high mortality rate; Gunnell et al. suggests at least a 70 percent success rate for death. Many attempts leave the victim with life changing disabilities. The materials required are easily available, and a wide range of ligatures can be used. I have personal experience of working as an Expert Witness and working as a custody officer, in the environment where ligatures have been made from bras, shoelaces, belts, scarfs, towels, bedding and rope.

• • •

Three factors need to come together for a death to result from the ligature asphyxiation, which we call the ligature risk triangle. These are:

The means to create a ligature The availability of a ligature point The opportunity to complete the act without interruption

Service providers only need to prevent one of those factors being readily available in order to successfully prevent the event. Hanging is divided into suspension hanging and the much rarer drop hanging. Suicide attempters who survive, either because the ligature or ligature point breaks, or because they are discovered and cut down, can face a range of serious injuries, including cerebral anoxia (which can lead to permanent brain damage), laryngeal fracture, cervical spine fracture, tracheal fracture, pharyngeal laceration, and carotid artery injury.

Staff attending our training are often surprised at what a person can create a ligature from; how they can find a ligature point; and at how simple, with the understanding and management of the person and environment, they could have stood a significant chance of preventing the event occurring. In the event of finding a person suspended, staff generally are unaware of how to deal with the situation, as standard first aid training is completely inadequate and unsuitable for such an event.

TOTAL TRAIN / JOANNE CAFFREY EXPERT WITNESS – Managing Ligature Risks – Preventing death by hanging

So who requires this knowledge? Many people consider this to be a prison custody issue but the bottom line is that every single service provider needs some awareness of the issues, as some recent court cases and news reports highlight: • The Priory Group in April 2019 were convicted at court for Health & Safety failures and fined £300,000, plus costs, plus potential civil litigation claim which may follow. This was due to the fact a 14 year old girl in their care died as a result of hanging. She had the opportunity, the means to make a ligature and the available ligature point to succeed. Further problems where highlighted whereby staff, upon finding her hanging did not have keys to enter her room; no means to urgently summons help from other staff and were not trained in what to then do in this situation. • In 2018 a teenage girl, Child R, in a secure children’s home died from asphyxiation because she had the opportunity and means to attach a ligature. • In 2018 the inquest into an adult female ligature death in a hospital bedroom in Kettering identified the issue concerning observations for those at risk. • In 2019 a jury “condemns Nottingham prison after death of inmate”, and concluded that there was “inadequate quality assurance, inadequate training and inadequate audits”. There are many other cases and news reports we could refer to, but these provide a flavour of the wide variety of sectors affected by the need for managing ligature risks.

TOTAL TRAIN / JOANNE CAFFREY EXPERT WITNESS – Managing Ligature Risks – Preventing death by hanging

This is a safeguarding issue for all parties involved in the education, care, medical, security and custody sectors. Any person at risk of mental ill health is at risk of attempting a ligature asphyxiation, and many people wrongly believe that to ‘hang’ oneself you need to be able to drop. In reality, you need minimal distance for a ligature death with common items such as radiators, door frames, bath taps and bed frames being used. The Care Quality Commission (CQC) advises that a typical ligature point is between 0.7 and 4 meters from the floor and the secure custody sector work on the principle if something stands proud, or a gap of, 2mm or more, it can be used as a ligature point. Typically, risk assessments for ligature risks are conducted by health and safety risk assessor staff who have been trained in the slip, trips, and falls style of risk assessing. This kind of assessing is completely inadequate for ligature risk room assessments and, likewise, quality assurance assessments are typically conducted by managers with no specialist knowledge in ligature risks.

Specialist knowledge can identify foreseeable ligature risk and educate staff how to identify risk, eliminate risk, adopt safer systems of work, and remove at least one aspect of the ligature risk triangle. The CQC are now assessing work places for their ligature risk management and inspectors are being encouraged to ask for documentary evidence such as ligature audits and risk assessments. We would encourage the CQC to establish the competency of the staff creating the documentation as the existence of the documentation may be of little value if not completed by suitably competent people. The CQC also have the option of prosecution for ligature deaths or injuries where high risk ligature points were not identified; or when identified, prompt action to eliminate had not occurred; or staff failed to consider the risk presented by service users when deciding location of service user and/or level of observations.

Regulation 12 of the Health and Social Care Act 2008, Regulations 2014, are concerning safe care and treatment. Providers must ensure that premises used are safe by assessing the risks and doing all that is reasonably practicable to mitigate any such risks; ensuring that staff have the qualifications, competence, skills and experience to provide safe care; Article 2, The Human Rights Act places a positive obligation upon the state to protect life. Article 3, Convention of the Rights of The Child covers the best interests of the child, under 18 years old. Our full day ‘Managing Ligature Risk’ training courses are designed for key individuals who provide services to people at risk of ligature harm or death, such as all police and prison custody staff, mental health unit staff, hospital ward managers, registered care home managers, education managers, union representatives, health and safety risk assessors etc. Learning how the most innocuous fixture, fitting or space can provide a ligature point to enable staff who assess for, or audit, ligature points to know what to look for and safer ways of eliminating the risk. For example, soft silicone type fillers can easily be picked out to make a ligature point and, where possible, hard anti-pick mastics should be used when any repairs are conducted, as part of the repairs process. Staff should know how to methodically conduct an inspection from ceiling to floor, covering a room or space in sections. Work places should consider their suicide intervention pack being readily available in strategic areas, with personal issue ligature cutting tools, and teaching staff how to actually use the equipment. Standard first aid training is inadequate for dealing with a hanging victim which is why we cover on the one-day course how to cut the person down and manage the casualty, and also how to preserve the ligature knot where possible.

TOTAL TRAIN / JOANNE CAFFREY EXPERT WITNESS – Managing Ligature Risks – Preventing death by hanging

The consideration that this was actually murder needs to be embedded into the process as part of the incident response plan. Audit procedures should be clearly identifying who carries out what checks and when, and what form of record keeping is maintained. Could your current assessor and auditor stand in a court of law and justify their qualifications and competency to be conducting the task? Do you have appointed people conducting this role? Is your business exposing itself to future preventable deaths and/or court prosecutions and liability claims? Training needs analysis assessments should then consider whole staff awareness training concerning how to respond to finding a service user in a ligature. We provide a basic 3 hours awareness programme which includes staff being able to use the ligature cutters.

Ligature deaths and injuries are preventable on many occasions, if one part of the ligature risk triangle is removed through suitable and sufficient assessment of risks, regular audits by competent staff, quality training by trainers who have competency in the area, quality incident response plans, readily available life-saving equipment and a positive work place culture to proactively reduce the foreseeable risk.

Further information can be obtained from Joanne Caffrey, Total Train Ltd.

Total Train 0752 8800720 joanne_caffrey@sky.com totaltrain@sky.com www.totaltrain.co.uk www.joannecaffreyexpert.com

TOTAL TRAIN / JOANNE CAFFREY EXPERT WITNESS â&#x20AC;&#x201C; Managing Ligature Risks â&#x20AC;&#x201C; Preventing death by hanging

Mr David Anthony MSt CANTAB, Dip Pol CANTAB, PSNI, HMIC, MPS, SIO, APOC

Specialist Investigator Consultant Policing Consultant and Operational Risk Specialist. Security Expert specialising in operational security, combating armed criminality including commercial and cash in transit robberies, contingency planning, crisis management, risk, threat and vulnerability assessments. Specialist Investigator with extensive experience in the investigation and management of serious and organised crime including murder. National Review Subject Matter Expert (SME) and Specialised Lecturer on Policing. Provider of investigative services and bespoke confidential enquires for the legal and commercial sectors. Media expert and commentator to Sky News, ITN News and BBC News on operational policing and serious and specialist investigations. Stakeholder management including Governmental Departments expertise harnessed in London and Manchester in both the Public and Private Sectors. Persuasive communicator, with strong personal integrity and a reputation for exceeding expectations and making things happen. Guest Lecturer at the University of Central Lancashire (UCLAN). Currently an Associate Inspector, serious and organised crime and intelligence lead with Her Majestyâ&#x20AC;&#x2122;s Inspectorate of Constabulary and Fire & Rescue Service (formerly HMIC).

KEY ACHIEVEMENTS Associate inspector, serious and organised crime and intelligence lead with Her Majestyâ&#x20AC;&#x2122;s Inspectorate of Constabulary and Fire and Rescue Service (formerly HMIC). Led inspections throughout UK Police Forces. Conducted inspections on behalf of HMICFRS into child protection, hate crime, vulnerability and custody provision of vulnerable detainees. Provided expert advice on covert Police tactics to the Independent Office for Police Conduct (IOPC, formerly IPCC) on historic allegations made by members of the Hillsborough disaster families against UK Police Forces. Guest Lecturer at University of Central Lancashire on Policing. Associate Consultant and Stakeholder Manager and Strategic Partnership Liaison to Greater Manchester Police and Manchester City Council for TM Eye investigating the theft and counterfeiting of Intellectual property rights. Negotiated the first Intelligence sharing protocol between a private company and Police Service. Provided expert witness and testimony on behalf of TM Eye at Manchester Magistrates Court on witness anonymity, protected witnesses, ABE interviewing and procedures for warrants and summonses.

DASCH Consultancy Ltd 0161 428 4519 07920 504325 info@daschconsultancy.co.uk www.daschconsultancy.co.uk 40 Windsor Avenue Gatley CHEADLE Cheshire SK8 4DU

+44 (0) 29 2054 0000 mtd@minton.co.uk minton.global

The Minton Treharne & Davies Group provide scientific consultancy, surveying and testing services to a worldwide client base from our offices in the UK, Europe, USA, Asia and Australia. With over a century of experience, MTD has an international reputation for delivering superior independent scientific services and expertise to industry. MTD's laboratories offer one of the most comprehensive independent facilities in the UK, offering a wide range of analytical testing and inspection services across virtually all industry sectors. Our staff include Chemists; Chemical, NDT and Marine Engineers; Mariners; Metallurgists; Materials Scientists and Microbiologists with the majority being highly qualified in a wide range of scientific and technical disciplines. Many are notable figures in their industries and sit on the committees of international institutions including ISO, ASNT, BSI and the EI. All work is carried out to forensic standards and we encourage independent audits of our performance. We hold an unusually wide range of accreditations and approvals including UKAS, CAA, NADCAP and are accredited Expert Witnesses under a number of schemes. MTD provide a comprehensive consultancy and investigation service to a wide range of industry sectors specialising in the forensic investigation of incidents and claims. We also advise many clients on loss prevention and risk management and conduct focused problem solving research.

Using our extensive experience we provide a totally independent claims investigation and management service covering a diverse range of products and commodities.

MTD's extensive facilities and experienced technicians analyse and diagnose material failures and their causes and evaluate microstructures. Our Consultants are experienced in providing evidence in court and at arbitrations, in the UK and overseas. All of the work undertaken by Minton, Treharne & Davies Ltd. is carried out to a forensic standard. Forensic Investigations: The term "Forensic" can be defined as "of, or relating to, the courts of law". It comes from the Latin "forensis", which is translated as forum. A forensic investigation is an investigation that is relevant to and may be used in a court of law, and therefore any investigative work that is done to a forensic standard must be carried out to a high enough standard that it may be presented in a court of law.

This involves ensuring that: All personnel involved are properly trained and qualified. All work performed is properly recorded with photographs as may be required. Any samples taken, analysed or tested are traceable and that a chain of custody can be established. All work is carried out diligently. There are proper records of the calibration and suitability of any equipment and consumables utilised. There is no question as to the integrity of the work or personnel carrying out the investigation. As a result there is complete confidence in the results of any investigation. The majority of our consultants are experienced Expert Witnesses who have spent many hours giving evidence in court or arbitration both in the UK and abroad. Minton, Treharne & Davies Ltd. is represented in the Directory of Expert Witnesses, the Bureau of Arson Investigators, the Academy of Experts, the UK Register of Expert Witnesses, the Forensic Science Society and the Register of Forensic Practitioners.

Contact Richard Minton

The science of reconstructing a Road Traffic Collision Instructing an Expert is sometimes a tricky choice. How do you know who to trust with a high value catastrophic loss case or a Death by Dangerous Driving matter, after all standing on the steps of the Court would be a bad time to find out you have chosen poorly! I am sure that we have all heard of (or have personal experience of) constructing a case around a certain set of parameters only to find that the Expert has had to concede a number of critical points upon which your case hinged. Why is that so common, and what can you do about it?

Firstly, it is important to understand where your Expert’s experience is likely to have come from. Typically, Experts in this field come in two distinct categories – Academics or retired experienced Police Officers. The academic route often deals with the complex analysis and mathematical parts of the discipline exceptionally well. Often filled full of research papers and robust discussions of physics, however often a little underwhelming with regards to scene process, evidence and that ‘feel’ for a live collision scene. Alternatively, the Police Officer route, with an understanding of live collision scene that is unparalleled, a strong knowledge of the law, and a confidence in giving live evidence, but perhaps a little vague when it comes to propping up their opinion with cutting edge research or mathematical modelling.

But, what if you didn’t have to choose and could actually have both? There is a huge strength in an Expert who has, not only been at the scene of countless road traffic collisions and been responsible for the collection of the evidence, but also written the academic papers that support the advancements of knowledge in the field. That is exactly what FCIR pride themselves upon! We have those Experts that can demonstrate that not only have they ‘seen that happen in real life’, they have also published the academic material that is now being taught to Collision Investigators in the field. This is what sets FCIR apart. But it doesn’t stop there, with the advancement in vehicle-based technology marching on at a rate faster than ever, the role of a Collision Investigator is moving away from the conventional measurement of skid marks, to interrogating vehicle airbag modules. Measuring the locus of a collision is less about the use of a tape measure and more about state of the art 3D laser scanning. Demonstrating complex collisions to a Court is less about explaining with toy cars and diagrams and more about 3D animations. CCTV has advanced leaps-and-bounds from the simple, ‘say what you see’ approach, to the forensic analysis down to the millisecond – FCIR have specialist equipment to allow for such and analysis – indeed they we were instrumental in the development of the Home Office equipment used by the Police. When establishing if a motorcycle headlamp was illuminated, why instruct an Expert who would use an optical microscope only, when a Scanning Electron Microscope (SEM) allows you to scientifically analysis the fracture face of a bulb filament? Again, FCIR possess this skill set. These are the types of questions that should be asked when instructing an Expert, to see if they are remaining current and extracting the full amount of information for you – or if this is the Expert you will be meeting on the ‘other side’!

Choosing the right Expert is essential, with significant consequences if the choice is the wrong one. Ensuring that justice is done and that the Claimants and Defendants situations are accurately put is the keystone of FCIR’s principles. It is to this end that we offer a free of charge initial review into any matters that our clients may have so that everyone is in a clear position from the beginning.

The experts at FCIR are experienced in writing expert reports and producing exhibits for all Courts. They are conversant with Civil and Criminal Procedure Rules and routinely provide live evidence in Court. FCIR are often instructed in cases of Causing Death by Dangerous Driving, Murders, Causing Serious Injury by Dangerous Driving and the Careless Driving counterparts. They are also regularly instructed in multi million pound litigations and are routinely praised for the level of detail included in their analyses. FCIR use the latest specialist equipment in their analysis, from Control Module downloads from vehicles to 3D Laser scanning of a collision locus. When it has to be right, FCIR are the team to deliver. FCIR are specialists in the analysis of road traffic collisions and the investigation of incidents involving road users of all types. They offer expert witness services in both civil and criminal cases, covering the following areas:  Full In-depth Analysis

 Vehicle Examinations

 Plans/Scale Drawings

 Reconstruction Reports

 Scene Photographs/Videos

 Incident Data Recorder/CDR Analysis

 Verification of Expert Reports

 CCTV Analysis

 3D Laser Scanning / Simulation

Mr Janusz Knepil BSc (Hons), CSci, CChem, FRSC, EuSpLM, MIOSH, Associate of the Royal College of Pathologists

Forensic Toxicologist Mr Janusz Knepil is a Clinical Biochemist and Consultant Toxicologist Expert witness covering the following: • • • • • • • • • • • • • • • • • •

Addiction. Alcohol. Alcohol assisted rape. Alcohol assisted sexual assault. Alcoholism (biochemical aspects & interpretation). Antifreeze (ethylene glycol) poisoning. Blood alcohol. Breath alcohol. Clinical biochemistry. Clinical chemistry. Drink driving. Drug abuse. Drug assisted rape. Drug assisted sexual assault. Drug child care. Drug concentration interpretation. Drug driving. Drug monitoring.

• • • • • • • • • • • • • • • • •

Drug misuse. Ethanol. Hip flask defence. Immunosuppression. Medical mismanagement. Methanol poisoning. Paracetamol poisoning. Paraquat poisoning. Pathological biochemistry. Post mortem drug interpretation. Prescription error. Substance abuse. Toxicology. Forensic toxicology Therapeutic drug monitoring. Transplant biochemistry. Urine alcohol.

Specialisms:

toxicology, alcohol, drink and drug driving, illegal drugs and prescription medicines, pharmacology, sexual assault, child abuse.

Graham Oakley MIMI 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 collision, it is 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. Court proceedings are highly expensive and time consuming so 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 collision investigation consultant Graham Oakley MIMI who has built-up an impressive reputation within the legal industry for his expertise as an Expert Witness in the field of accident investigation and presentation of evidence at all levels of court proceedings. 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, he also passed both passenger service vehicle (PSV) and heavy goods vehicle (HGV) driving tests.

Graham is able to draw on his vast experience having attended more than 1,000 accident scenes during his 30 year Police career, as he explained in a recent interview:

For many years he assisted the Ford Motor Company with testing and development of preproduction road vehicles and received training for both racetrack and off road driving."

"twenty three years of my police service were in road policing, the last 15 years exclusively involved in the attendance, investigation and reporting of serious and fatal road collisions throughout the county of Essex. These incidents ranged from minor non-injury collisions to multi vehicle fatal motorway crashes, often necessitating presentation of expert witness evidence at all levels of judicial proceedings from Magistrates' Court, Coroners Court, Crown Court, County Court, through to the High Court and the Central Criminal Court.

Graham has carried out investigations on behalf of the Police Federation of England and Wales, HM customs & Excise, Border Force, the AA and the RAC: "I have also acted as a Consultant Adviser to a television company, film company and major tour operator, and have made presentations to government ministers in Russia, Azerbaijan, Kazakhstan and Ukraine on the subject of collision investigation."

This unique background has provided me with a sound knowledge of the subject and the confidence to handle in a totally professional manner all aspects of road traffic incidents".

On retiring from the police, Graham set-up his own forensic collision consultancy appropriately named Crash Detectives Ltd from which he offers a wide range of professional services to the legal and insurance industries throughout the UK and in Europe including: •Evaluation of all documentary evidence •Evaluation of police statements and reports •Evaluation of cctv and dashcam recordings Investigation and scientific reconstruction of collisions •Interviewing witnesses •Collision scene photography and plans •Video recordings including in-car scene drive-through. •Mechanical inspections of all types of vehicles

Legal aid and single joint expert instructions undertaken Graham has for several years been included in directories of UK Register of Expert Witnesses, Society of Expert Witnesses, Association of Personal Injury Lawyers and is now pleased to be associated with Forensic and Expert Witness.

To view some of the many case studies on projects Graham has successfully completed visit website: www.crashdetectives.co.uk To learn more contact: E:enquiries@crashdetectives.co.uk Graham Oakley email: enquiries@crashdetectives.co.uk T: 01245 323246 Tel: 01245 323246 M: 07768 792341 Mobile: 07768 792341 W:www.crashdetectives.co.uk Web:www.crashdetectives.co.uk * Statistics provided by RoSPA

Award for legal services to Toxicology 2018-2019

2019

Federation of Federation of

Expert witnesses Forensic Forensic & Expert&witnesses

Prof David Osselton BSc, PhD, FRSB, FCSFS, SFHEA

Consultant Forensic Toxicologist

It Gives us great pleasure at the Federation of Forensic and Expert Witnesses to announce This years Independent Awards and to profile our members chosen by us for their outstanding work with in their chosen speciality in this case Prof Osselton and the lifetime of commitment he has given to the field of Toxicology. His work covers the entire UK. The Awards are independent to the Federation are designed to raise the profile and highlight in our opinion the best experts in their given fields of expertise we hope to bring this to the attention of the lawyers and barristers that follow us on linked in and who visit our site and read our E-mag. Prof Osselton is a - Shropshire based expert and has special interests in:

• • • • • •

Forensic toxicology Driving under the influence Drug facilitate sexual assault Post mortem toxicology Drugs in hair Workplace drug testing

He is continuing research work in above areas and producing legal reports needed for the courts. We fully recommend Prof Osselton and we are pleased to announce him as this year’s recipient.

Congratulations To Professor Osselton on this well deserved award From everyone at The Federation

Foren

Prof David Osselton BSc, PhD, FRSB, FCSFS, SFHEA

Consultant Forensic Toxicologist

Professor M David Osselton is a Consultant Forensic Toxicologist based in Poole. After completing his PhD in Biochemistry he joined the Home Office Forensic Science Service (FSS) in 1974 to carry out toxicology research at the Central Research Establishment. He gained casework experience as Senior Toxicologist working at the FSS laboratories. In 1991 he was appointed Head of Toxicology for the FSS where he was responsible for developing toxicology services in addition to undertaking casework and providing advice to Government departments on drug testing. In January 2007 he joined the staff of Bournemouth University as Director of the Centre for Forensic Sciences and in August 2014 was appointed Head of Department of Archaeology, Anthropology and Forensic Science in the newly formed Faculty of Science and Technology.

Forensic Toxicology

Area of Expertise include: • Forensic Toxicology • Driving under the influence • Drug facilitate sexual assault • Post mortem toxicology • Drugs in hair • Workplace drug testing Prof. Osselton has over 40 years experience as an expert witness He has been involved in a number of high profile cases for the defence and prosecution both in the UK and overseas. He is co- author of two published expert committee reports related to drugs and driving between 2012 and 2016.

Training

As an experienced university teacher and internationally known lecturer in the field of Forensic Toxicology, author / co-author of over 100 published papers / book chapters and co-editor of Clarke’s Analysis of Drugs and Poisons, the standard international textbook on drug analysis, Professor Osselton is able to provide bespoke training to members of the legal profession

Membership

Senior Fellow of Higher Education Academy ; Fellow of the Royal Biological Society (FRBS); Fellow of the Chartered Society of Forensic Sciences (FCSFS)

2019

Federation of Federation of

Expert witnesses nsic Forensic & Expert&witnesses

Forensic Toxicology Services 07818 472467 forensictoxicologyservices@gmail.com

Redwood Collections Ltd joins the Federation of Forensic and Expert witnesses

Experienced debt collection agency joins the federation to assist expert witnesses with credit control and unpaid invoice chasing.

NO COLLECTION, NO COMMISSION Commission is only charged upon successful collections. This focuses their staff on achieving the result their clients desire. Their typical commission rate is 15% in most instances. On many occasions these additional costs may be legally recovered from your debtor, depending on the content of your terms and conditions. NO JOINING FEES OR CONTRACTS Redwood do not ask clients to enter into a fixed or formal contact (unless preferred), nor do they charge joining fees or monthly charges. Their service is on-demand and they have found that this flexibility suits their clients who often have seasonal or periodic debt patterns. They prefer their clients to return because they have received a good service, rather than being obligated to do so under an onerous contract. TAKING OVER THE BURDEN Credit control is a time-consuming process, often requiring continuous chasing and mediation to achieve payment. For proprietors of small businesses there may not be enough hours in the day, whereas larger businesses may find their credit control staff need assistance with stubborn debtors.

Whatever the situation is, Redwood Collections can assist you with proactive chasing of your delinquent customers. A reliable, persistent, yet professional partner when you need one. COMMUNICATION & REPORTING Their clients are assigned a dedicated account manager and provided with his/her direct contact details. Their account managers have an average of nine years’ experience and respond same-day to most debts referred, quickly getting up-to-speed on the history of the case and establishing a dialogue as soon as possible. They supply all clients with regular reports in hard copy and 24/7 online access to your cases is available. ALL UNDER ONE ROOF For cases requiring additional persuasion, Redwood Collections are vastly experienced in recommending the right kind of legal action to instigate against your debtors. They drive forward legal action in-house, saving their clients from over-involvement in a lengthy and time-consuming process. Unlike most debt collection agencies they retain a panel of highly-regarded solicitors and insolvency practitioners. They offer a professional and effective solution to your enforcement needs that dovetails seamlessly with their core debt recovery services, offered at very competitive rates. REPUTATION MATTERS Redwood know their clients value their good names and they strive to uphold their clients’ reputations while also meeting their performance expectations. Striking this delicate balance is possible due to their investment in quality staff and systems, enabling them to hold themselves to the highest standards when collecting your unpaid debts: • Authorised and regulated by the Financial Conduct Authority. • ISO:9001 accreditation and externally audited each year. • Long-standing members of the Credit Services Association. • All collections staff hold CSA Collector Accreditation Initiative certificates. • Registered as GDPR data controllers with the Information Commissioner’s Office. • Comprehensive business insurance with multi-million pound cover.

HOW TO GET STARTED For a no-obligation discussion with Redwood Collections today, members should call Matthew Sales who leads their specialist department. His direct number is 020 3868 6569.

Redwood’s 12,000+ UK clients

Further information on their processes can be found online at www.redwoodcollections.com, where you can also refer a debt to them in less than five minutes.

Tel: 020 8288 3555

Web: www.redwoodcollections.com

Darrell Jones

Drugs Expert Witness The Chemsex Phenomenon Darrell Jones is a Drug Expert Witness who has spent his time with specialist addiction doctors, psychologists, nurses, counsellors, discussion groups such as The European Chemsex Forum and speaking with men who have previously attended and hosted Chemsex parties to understand what takes place within this not so new drug enhanced sexual environment. I have spoken with a number of different people who are associated with Chemsex and asked the same question “What is Chemsex?”, and I have had numerous answers but it all comes down to roughly the same thing, it’s a term which has been coined to define chemically enhanced sex by men who have sex with men. It takes place within a subsection of the gay community, and it is not just that this arena is growing, but society in general is becoming more aware of it for a variety of reasons, be it social and mainstream media reporting on recent murders within this environment to the use of PEP and PrEP which I will come to later, but the fact that the number of negative incidents linked to this section of the gay community are catching the headlines. Chemsex is seen by many who work within sexual health clinics and other similar services as a complicated sexual arena rather than a complicated drug related arena. Putting those views aside for a moment, this is still a very drug specific setting, the aptly named “un-holy trinity” of drugs, which have become notorious for the scene are Methamphetamine (Crystal, T, Tina, Meth), Mephedrone (M-cat, Meph, Drone) and Gammahydroxybutyrate / Gamma-butyrolactone (GHB/ GBL, G, Gina) or also known as date rape are used by nearly everyone who attends.

Methamphetamine is a strong central nervous system amphetamine-based stimulant. The initial rush creates a euphoric feeling which can last up to 30 minutes depending on the route of administration and the sense of well-being can last 6 to 12 hours. During an event the people who I spoke with said that they would initially slam (inject) the first hit then continue smoking it while engaged in sex, the continued use would maintain the euphoric high and avoid the pain of the inevitable comedown. The next consumable is GBL (gammabutyrolactone) (often used and known as date rape) is a sedative/depressant which creates a similar feeling to being drunk but in control, along with an initial rush of euphoria and reduced inhibitions it is taken on the hour every hour as phones are synched to alert everyone when the next shot is due. Everyone looks out for each other with measurement of doses and effects to make sure no-one goes under, as a typical dose varies from 0.5ml to 1.5ml, two milliliters is enough to induce coma and then there is a fine line between quantities which induce coma to heart failure and death.

Last of the trio is Mephedrone (drone, m-cat, meow meow), chemically similar to amphetamine, and is taken to offset the lethargic effect of GBL. The initial feeling is one of euphoria, extremely horny, and sexually alert to what is going on around, being empathic to others and very confident. This cocktail of drugs all mixed together seriously reduces your inhibitions, boosts your self-worth and engages you with everyone in the room to the extent where you are having sex, lots of sex, with lots of total strangers and feeling the best you have ever felt and are having the best sex you could imagine. A few days later the come down kicks in, and for a short space of time you consider your options, then its back on the apps looking for the next hook up. What really convinces you to go again is that your drug dealer has just sent out another group text with a picture of a kitten smiling with the phrase “Thank F**K it’s Friday get your special offers T,G,M, V’s party packs available” . Some men attend these events to overcome personal issues they may have, consuming drugs to overcome fears of rejection, sexual inadequacies, being ashamed about their body and to feel sexually released. Many gay men have struggled with growing up with a different sexual identity than what may have been expected of them, with the help of these apps men have been able to communicate instantly with people who have had the same feelings and desires to fit in and find friendship. I have seen that this can also come at a cost as they are introduced into a setting they may not have expected, or even liked but again the need to fit in, to be accepted wins over any negative judgement they may have of what is taking place.

To continue reading this article click here The men who attend are from all walks of life and some tend to fit themselves into certain categories of which they are quite proud, for example Wolves: Late 30s to 40s, lean to semi muscular, usually hairy, often with facial hair. Otters: Late 20s to 30s, leaner, usually hairy, often with facial hair and Twinks: Late teens-early 20s, boyish features, thinner to slim build, and usually smooth skinned, to many other descriptive terms which men categorise themselves, and there’s those who don’t who are generally referred to as “others”. Their financial status may be that they sofa surf and live off friends and family, or they have high paid jobs with a large disposable income to men in their 70’s who pay for young sun kissed muscular male escorts/sex workers who are supplied free drugs to advertise on their profiles that a Chemsex party is on. The purpose being to attract similar looking men for the older generation to hopefully get involved with when the free drugs kick in.

Darrell Jones Drugs Expert Witness

07401 042201 Darrell.Jones@drugsexpertwitness.com darrell.jones@darrell-jones-drugsexpertwitness.cjsm.net

www.drugsexpertwitness.com

VICTORIA JENKINS BSc(Hons), CBiol, MSB, MCSFS, MEWI

PHARMACOLOGIST, TOXICOLOGIST & EXPERT WITNESS

Victoria Jenkins is able to combine her professional training, which led to her achieving a BSc. (Hons.) in Pharmacology and Toxicology, with the extensive work experience she gained throughout her career. From her first post learning forensic skills at a North East company through to the three years she spent as Head of the Drug & Toxicology Department at another leading forensic company, Victoria gained an invaluable insight into alcohol calculations, drink drive offences, alcohol, drug and medication effects and interactions. She became an independent consultant in 2002 and also provides reports as a consultant for Biomark Forensics. As part of her continual commitment to develop and extend her knowledge-base Victoria trained in the use of the ‘Camic Datamaster’ and ‘Lion Intoxilyzer 6000UK’ breath testing machines and attended a residential course at the Department of Forensic Medicine & Science in Glasgow; as well as undertaking additional training in the written and oral presentation of forensic evidence to support her work as an Expert Witness. Having attended Crown, Magistrates’ and Youth Courts, Coroners’ Courts and the Royal Courts of Justice in London and Jersey, to give advice and evidence on various aspects of forensic toxicology, Victoria is well versed in the etiquette expected of an Expert Witness in Court. Added to this, her encyclopaedic knowledge of the effects and interactions of a wide range of alcohol, drugs and medicines has been of great assistance in many cases she has undertaken; empowering her with the knowledge required to produce hundreds of professional reports. Victoria offers a diverse service as an Expert Witness and whilst mainly dealing with criminal cases for the defence or as a Single/Joint Expert, she has also carried out personal injury work and medical negligence cases on the behalf of the claimant, defendant or as a Single/Joint Expert. As you would expect of such a consummate professional Victoria is a member of a number of leading organisations including: • Member of the Expert Witness Institute (MEWI); • Member of the Chartered Society of Forensic Scientists (MCSFS); • Member of the Society of Biology (MSB); • Chartered Biologist (CBIOL) • Association of Personal Injury Lawyers Approved Expert (APIL Expert).

Giving us brief examples of cases that she has successfully undertaken in the past, Victoria went on to say: Personal Injury Cases: for example accidents at home or in the workplace where somebody has ingested alcohol, prescription drugs or illegal drugs. I have been asked to consider whether the drugs/alcohol ingested may have affected co-ordination, balance, concentration etc and therefore have contributed towards the accident happening. Medical Negligence Cases: for example where an individual has been prescribed the wrong medication by mistake or has been prescribed the wrong dose of medication and I have been asked to comment on the effect this may have had on their health. Criminal Cases: most often these are driving offences. In the case of alcohol, I may be asked to consider whether an individualâ&#x20AC;&#x2122;s recollected alcohol consumption is consistent with their breath reading and whether their reading would have been below the limit if they had not consumed post driving or laced drinks. I have also been asked to consider post driving and laced consumption in relation to drug driving offences. I am also often asked to comment on the effects of alcohol and/or drugs on an individual at the time they committed an offence and/or at the time they were interviewed. I have been asked to consider toxicology reports in Post Mortem cases to assess whether the effects of drugs and/ or alcohol may have contributed to someoneâ&#x20AC;&#x2122;s death. In cases where an individual claims that they have had their drinks spiked (often to facilitate rape), I have been asked to comment on the effects of any drugs that may have been detected in their blood or urine samples. If no drugs were detected, I have been asked to consider whether any drugs may have been administered that could have passed out of the body prior to samples being obtained and if so whether the effects of these drugs are consistent with any effects described by the individual.

VICTORIA JENKINS

BSc(Hons) CBiol MSB, MCSFS, MEWI

T: 0191 378 1939 M: 07890 030 366 E: victoria.jenkins@live.co.uk

David Berry

(PhD FRC Path MFSSoc MRSC) Independent Toxicology Consultant & Expert Witness

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

David Berry's mainly advises and instructs in the UK but global instruction are considered as he looks to open some new and exciting doors in the future.

Following these experiences, David started to offer these services to the legal profession independently. Today, David Berry specialises in writing detailed toxicological reports and interpretation for criminal and civil (usually insurance) investigations where drugs and poisons and/or alcohol are involved. The toxicology services that David Berry provides have advanced over time. He has become more involved with medical/toxicology reviews in workplace drug testing and also provides expert witness reports for hair testing analysis, mainly for the family courts. Providing valuable assistance to situations where toxicology is potentially involved, David has also undertaken a couple of security related jobs dealing, mainly with the assessments of toxicological risks.

To instruct David directly please contact him on the details below To read his full C.V. Click Here T:01342 324 955 / M:07833 556 460 E:dave_b2@mail.com

A forward-thinking Company, backedup by highly training staff and modern support services, the Independent Drug Monitoring Unit - IDMU Ltd has gained an impressive reputation for providing quality, independent professional services as Expert Witnesses dealing with all aspects of drugs, as well as conducting Research on drug prices and large scale drug user surveys throughout the UK and online, including collecting date on drugs such as the consumption patterns of drugs, medicinal use of drugs. Making IDMU uniquely positioned to provide market analysis, as well as to comment on the valuation and effects of drugs . In a recent interview founder of the Company, Matthew Atha - BSc, MSc, MB (2), CLB, LRCP (1st), MRCS, Expert Witness Certificate/Bond Salon, agreed to let us in on the secret to the Company’s year-on-year success: “In my capacity as an Expert Witness I am able to draw on the diverse knowledge and experience of most aspects of illegal drugs and drug usage, as well as my time working in an organic chemistry lab which I undertook before studying medicine and psychology at University. These give a firm scientific background and methodology to my approach. My postgraduate research into monitoring the consumption patterns of drug users led to the annual drug-user surveys which underpin the evidence I provide to the court. This includes drug consumption data from over 30,000 respondents and drug valuation data at different market levels (street/midmarket/bulk) in many cases down to geographical postcode areas.” A Member of the Expert Witness Institute, the Academy of Experts, together with the Independent Network of Drug Experts (INDEX), Matthew - Director & Principal Consultant, currently attends court on average once a month, although in the past he has on occasion attended court in up to 2-3 cases a week.

Around 99% of the instructions Matthew undertakes are for the defence in criminal cases; the remainder being a combination of instructions directly by the court, by the prosecution, or in civil cases: “As an expert giving evidence I take seriously my duty to the court rather than the party on whose behalf I have been instructed.” The most common types of case undertaken by Matthew involve drug valuations, cannabis cultivation (yield, production capacity, valuation, consumption, paraphernalia), drug-driving, or possession with intent (consumption, quality, valuation, paraphernalia). “We also deal with prison drugs tests (particularly re heavy users of skunk where 30 days is insufficient to clear the system), and mens rea cases (offences committed under the influence of drugs),” Matthew explained, “Our prosecution instructions tend to be for the more obscure substances, most notably steroid valuations for HM Customs.” When asked the importance of instructing an Expert Witness at the beginning of an investigation/legal case, opposed to asking for an opinion at a later stage of the proceedings, Matthew told us: “Key to many cases is the retention of vital evidence. A high proportion of our cases involve cannabis cultivation systems where the police are liable to destroy evidence before it can be properly evaluated. In proceeds of crime applications for cannabis production, in many cases the estimated yields upon which they are based can be grossly exaggerated, however by the time a case has reached this stage in most cases the sample plants will have been destroyed.”

IDMU Ltd Rodney Chambers, Liverpool L1 9AA The Case Study below is typical of those undertaken by Matthew: â&#x20AC;&#x153;In a drug-driving case under the new S5A RTA provisions where the blood concentration of drugs exceeded the prescribed limit there was a 3 hour delay between the accident allegedly caused by the defendant and his arrest. On arrest the defendant stated he had taken drugs and alcohol since the crash but before arrest, with the sample (taken a further 3 hours after arrest) found to be positive for cocaine and metabolite but under the limit for cannabis (THC).

By comparing the levels of active drugs and metabolites within the defendants sample, and the typical range of plasma half-lives of the respective drugs, it was possible to establish that the cannabis had certainly been taken after the crash, and that the cocaine (a substantial quantity) could have been taken at any point between 2 hours before and 2 hours after the crash.â&#x20AC;?

T 0151 438 2326 F: 0151 709 8948 E: legal@idmu.co.uk W: www.idmu.co.uk