The role of the forensic pathologist in suspicious death investigation Nathaniel Cary Forensic Pathology Services

The past Sir Bernard Spilsbury ‘Honorary’ Pathologist to the Home Office Very strong on opinion Very light on experience It happened like that because I say so

The past Very limited photography Forensic Biology as a speciality did not exist Blood grouping but no DNA The Forensic pathologist was the ‘Jack of all trades’ Opinion was even less evidence based than it is today

Important principles The Forensic Pathologist (FP) is likely to have more experience of suspicious death investigation than anyone else present and this should be acknowledged The FP should be a major player in the formulation of a forensic strategy The FP is likely to play a major role in the collection of trace evidence from a body The FP should remain the conductor of the forensic orchestra and not become relegated to the position of “second fiddle”.

The role of the FP in case management When properly used an FP can assist the Police force with budgetary management Still suspicious? What forensic submissions? What other experts should be used?

Scene examination Attendance or not? Consultation may be invaluable Forensic strategy A combination of scene video /photography and the taking of initial trace evidence by SOCO’s may suffice

The post mortem examination Others can photograph and collect trace evidence but no-one else is allowed to dissect the body and interpret the findings The investigation of any possible involvement of natural disease makes a solid grounding in histopathology essential

Reports A preliminary report is a good way of ensuring that there are no misunderstandings early on. Apart from the obvious evidence of fact, both external and internal, the final report should contain detailed conclusions which should amongst other things address matters raised in the briefing before the post mortem examination as well as incorporating the results of further tests

Use of other experts FP’s often have good links with clinicians who may be able to help in particular cases In a suspicious death the FP should generally be seen as the lead clinician It is entirely appropriate for an FP to take an overview of a number of other expert opinions in a case.

The FP in Court An adversarial approach to forensic pathological evidence is often inappropriate The forensic evidence in general would be much better dealt with on an inquisitorial basis. Such an approach could still be “pasted into” an adversarial trial The tight regulation of Home Office FP’s contrasts with the complete lack of proper regulation of so-called pathology experts called by the Defence All experts appearing in the CJ system should be subject to an equality of regulation comparable to the equality of arms principle.

The future