The role of the The role of the forensic forensic

pathologist in pathologist in suspicious death suspicious death

investigationinvestigationNathaniel CaryNathaniel Cary

Forensic Pathology ServicesForensic Pathology Services

The pastThe past

Sir Bernard SpilsburySir Bernard Spilsbury‘‘Honorary’ PathologistHonorary’ Pathologistto the Home Officeto the Home Office

Very strong on opinionVery strong on opinionVery light on experienceVery light on experienceIt happened like thatIt happened like thatbecause I say sobecause I say so

The pastThe past

Very limited photographyVery limited photography Forensic Biology as a speciality did Forensic Biology as a speciality did

not existnot exist Blood grouping but no DNABlood grouping but no DNA The Forensic pathologist was the The Forensic pathologist was the

‘Jack of all trades’‘Jack of all trades’ Opinion was even less evidence Opinion was even less evidence

based than it is todaybased than it is today

Important principlesImportant principles The Forensic Pathologist (FP) is likely to The Forensic Pathologist (FP) is likely to

have more experience of suspicious death have more experience of suspicious death investigation than anyone else present and investigation than anyone else present and this should be acknowledgedthis should be acknowledged

The FP should be a major player in the The FP should be a major player in the formulation of a forensic strategyformulation of a forensic strategy

The FP is likely to play a major role in the The FP is likely to play a major role in the collection of trace evidence from a bodycollection of trace evidence from a body

The FP should remain the conductor of the The FP should remain the conductor of the forensic orchestra and not become forensic orchestra and not become relegated to the position of “second fiddle”.relegated to the position of “second fiddle”.

The role of the FP in case The role of the FP in case managementmanagement

When properly used an FP can assist When properly used an FP can assist the Police force with budgetary the Police force with budgetary managementmanagement Still suspicious?Still suspicious? What forensic submissions?What forensic submissions? What other experts should be used?What other experts should be used?

Scene examinationScene examination

Attendance or not?Attendance or not? Consultation may be invaluableConsultation may be invaluable Forensic strategyForensic strategy A combination of scene video A combination of scene video

/photography and the taking of /photography and the taking of initial trace evidence by initial trace evidence by SOCO’sSOCO’s may may sufficesuffice

The post mortem The post mortem examinationexamination

Others can photograph and collect Others can photograph and collect trace evidence but no-one else is trace evidence but no-one else is allowed to dissect the body and allowed to dissect the body and interpret the findingsinterpret the findings

The investigation of any possible The investigation of any possible involvement of natural disease involvement of natural disease makes a solid grounding in makes a solid grounding in histopathology essentialhistopathology essential

ReportsReports A preliminary report is a good way of A preliminary report is a good way of

ensuring that there are no ensuring that there are no misunderstandings early on.misunderstandings early on.

Apart from the obvious evidence of fact, Apart from the obvious evidence of fact, both external and internal, the final both external and internal, the final report should contain detailed report should contain detailed conclusions which should amongst other conclusions which should amongst other things address matters raised in the things address matters raised in the briefing before the post mortem briefing before the post mortem examination as well as incorporating the examination as well as incorporating the results of further testsresults of further tests

Use of other expertsUse of other experts

FP’s often have good links with FP’s often have good links with clinicians who may be able to help in clinicians who may be able to help in particular casesparticular cases

In a suspicious death the FP should In a suspicious death the FP should generally be seen as the lead generally be seen as the lead clinicianclinician

It is entirely appropriate for an FP to It is entirely appropriate for an FP to take an overview of a number of take an overview of a number of other expert opinions in a case.other expert opinions in a case.

The FP in CourtThe FP in Court An adversarial approach to forensic An adversarial approach to forensic

pathological evidence is often inappropriatepathological evidence is often inappropriate The forensic evidence in general would be The forensic evidence in general would be

much better dealt with on an inquisitorial much better dealt with on an inquisitorial basis. Such an approach could still be basis. Such an approach could still be “pasted into” an adversarial trial“pasted into” an adversarial trial

The tight regulation of Home Office FP’s The tight regulation of Home Office FP’s contrasts with the complete lack of proper contrasts with the complete lack of proper regulation of so-called pathology experts regulation of so-called pathology experts called by the Defencecalled by the Defence

All experts appearing in the CJ system should All experts appearing in the CJ system should be subject to an be subject to an equality of regulation equality of regulation comparable tocomparable to the equality of arms the equality of arms principleprinciple..

The futureThe future