LAW AND FORENSIC: TECHNIQUES OF EVIDENCE

GATHERING AND CASE PRESENTATION IN COURT

BY

KEHINDE ADEGBITE, ESQ.
barrykehinde@yahoo.co.uk
http://gettipsforevery day.blogspot.com
0803-855-6525
0803-855-6525
Organised By: Department of Oral Pathology, College
of Medicine, University of Ibadan,
Ibadan

Venue: Dental School Lecture Theatre
Time: 10am
Date: 10
th
October , 2014
Expected Outcomes
Introduction
Definition of Key Words
Role and Functions of Forensic Dentists
Professionals Involved in Evidence Gathering
Forensic Scientists at Work
Instances of Mass Disaster
Situations in Nigeria and Around the World
Work for Forensic Scientists
Techniques of Evidence Gathering
Crime Scene Investigation



Scenes of Crime in Nigeria
Common Methods of Crime Investigation
The Use of Forensic Science in Modern
Investigations
Unresolved Murders in Nigeria
Case Presentation in Court
Who is an Expert
Expert Evidence/Witness
Typical Exchange of Questions and Answers in
Court Trials
Causes of Unresolved Criminal Cases in Nigeria
Conclusion
Recommendations
To emphasize the importance of forensic
science in unravelling modern incidents of
complex criminal acts;
To advance the cause of justice;
To reduce impunity;
To reduce cases of wrongful convictions;
To create awareness for the urgent need to
raise the standard of criminal investigation
to the level of global best practices;
To encourage periodic cross-fertilisation of
ideas among stakeholders in the justice
delivery system;
To reduce criminal activities in Nigeria;
To expose the decay in the Nigerian justice
delivery system.

Fingerprints and DNA analysis are the common
methods of human identification whenever a
need for such arises. However, there are
occasions when applying these methods
becomes impracticable due to the extent of
damage to human features. At this point,
identification through dental features becomes
imperative.

Like fingerprints and DNA, human teeth are
distinct and no two persons dental records are
the same.

i. Law : Online source defines it thus,
the system of rules which a particular country or
community recognizes as regulating the actions
of its members and which it may enforce by the
imposition of penalties.

- Law regulates the setting up of different
institutions such as law enforcement bodies (e.g.
the Police) and court system as well as the
procedures governing their activities.
Definitions of Key Words


ii. Forensic: The term encompasses such concepts as
forensic science (of which forensic odontology or
dentistry is a part), forensic investigation and
forensic medicine.

- Forensic odontology can be defined simply as
the application of dental knowledge to legal
issues which may come in forms of criminal
investigation or giving of evidence in a court
proceeding.

iii. Techniques of evidence gathering: This refers to
methods by which law enforcement agencies and
other persons collect pieces of evidence at a crime
scene or other places for the purpose of presenting
same in a court proceeding.


1. to identify unknown human remains through
dental evidence.

2. to identify perpetrators of violent crimes where
bite marks are inflicted.

3. to identify victims or dead bodies in mass disaster
situations.

4. to give evidence in court proceedings as expert
witnesses.

Role and Functions of Forensic Dentists
- Security operatives e.g. the Police, SSS, FBI,
Interpol;
- Forensic scientists e.g. odontologists,
pathologists, toxicologists, anthropologists
and entomologists;
- Ballistics experts;
- Fingerprint experts;
Professionals Involved in Evidence
Gathering

- Geologists;
- Linguists;
- Psychologists;
- Psychiatrists;
- Sculptors;
- Photographers.
Contd.



- Dana Plane crash in 2012;
- Ibadan Flood in 2011;
- Several Boko Haraminstigated bomb
explosions;
- Synagogue Church of All Nations building
collapse in 2014;
- Sokas Den of Kidnappers in Ibadan in 2014;
Instances of Mass Disaster Situations
in Nigeria and Around the World

- Earthquake in Haiti in 2010;
- Earthquake in Bam (Iran) 2003;
- Earthquake in Gujarat (India) 2001;
- World Trade Centre Terrorist attack in 2001;
- Tsunami Earthquake in 2004;
- Hurricane Katrina in the US in 2008.
Contd.
- Secure the scene of crime e.g. building, automobiles, and
other places;
- Determine the need for forensic experts;
- Obtain physical evidence (e.g. blood stain, semen, saliva,
sweat, fingerprints, documents, glass, weapons,
footprints, tyre marks and clothes) without contamination;
- Exclude all unauthorised personnel from the scene;
- Conduct a scene walk through;
- Determine the lead investigator;
- Proper packaging of evidence.



Techniques of Evidence Gathering


Dr. Edmond Locards Principle of
Transference
... when a person commits a crime they will
leave at the scene something that was not
there before, and carry away with them
something that was not on them previously.

In other words,
Every contact leaves a trace.

Crime Scene Investigation
Crime Scene Investigation



- Confessional statements;
- Eye-witness accounts;
- Circumstantial evidence;
- Identification parade;
- Voice identification;
- Doctrine of last seen;
- Medical evidence.
Common Methods of Crime
Investigation in Nigeria

Akolade Arowolos case
vs.
Oscar Pistorius
The Use of Forensic Science in
Modern Investigations

- Dele Giwa;
- MKO Abiola;
- Bola Ige;
- Barnabas Igwe and his wife;
- Mr. Alaba Joseph of Mobitel;
- Engr. Funsho Williams;
- Dipo Dina.


Unresolved Murders in Nigeria
Highlights
Presumption of Innocence
Proof Beyond Reasonable Doubt
Investigating Police Officer (IPO)
Police Prosecutors
State Counsel
Defence Counsel

Ingredients of an offence e.g. Murder:
That a human being has been killed;
That it is the act of the accused person
that led to the death of the deceased;
It is intentional or natural consequence of
his act.
Expert witness
Examination-In-Chief (the need for
rehearsal)
Cross-Examination
Re-Examination
Only a person who has
obtained sufficient skill,
experience or knowledge in
his trade, profession or
calling may be considered
an expert.


Russell J. In R v. Silverlock [1894]
2 QB 766 at 771.
State qualification and experience
Identification of corpse or exhibits
Exhibits or corpse properly tagged and
marked
Properly handled to prevent the break of
chain of events
Report prepared by a government medical
officer or pharmacist
To reduce technical jargons
Years of experience
Basis of expert opinion
The quality of the opinion not merely
intimidating credentials
Your demeanour
The use of one expert to challenge the
opinion of another expert
The court is not bound to rely on an
expert opinion
Examination-In-Chief

Q: Witness, tell the court your name.
A: My name is Dr. Osmond Borno.
Q: What is your address?
A: I live at No 1, Plateau Road, Aba.
Q: Where do you work?
A: I work at the State Specialist Hospital as a
Forensic Pathologist.

Q: Can you tell the court your professional
qualification as well as your years of
experience?
A: I did my MBBS in University of Jos and later
did my residency at the University of Pretoria,
South Africa and I have been practising as a
Forensic Pathologist for 20 years.

Cross-Examination
Q: Witness, you said you are a Forensic
Pathologist?
A: Yes.
Q: Are you also a ballistics expert?
A: No, I am not.
Q: What do you know that a ballistics expert
does?
A: A ballistics expert is a person trained to
identify weapons and determine their impact
in order to connect a person to their use.
Q: Does he work in a hospital?
A: No, he does not usually do.
Shoddy and crude methods of police
investigation
Lack of medical evidence, when necessary
Lack of proper identification parade
Alibi not investigated
Inexperienced prosecutor
Highly skilled defence team
The quality of justice in Nigeria is weak due
to lack of forensic investigation of facts and
situations
Stakeholders not properly informed about
their roles
Lack of collaborative engagement
Lack of political will and corruption
Introduction of forensic investigation
Training and re-training of stakeholders
Provision of necessary facilities.


Thanks for
Listening