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

2. 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

3. 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

4. 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”.

5. 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?

6. 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

7. 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

8. 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

9. 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.

10. 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.

11. The future