Why It Pays To Hire An Independent Investigator For Your Court Case Or Tribunal
The scenes of an arson fire or road collision fire are the most challenging forensic investigations of any crime scene. By the very nature of the crime the process of combustion has potential to, at worst destroy evidence, or, at best, make its identification and retrieval very difficult.
Forensic advances have led to new techniques which can aid evidence retrievil. However, in a number of investigations these techniques are not used. This can be for a variety of reasons, including lack of knowledge or awareness of techniques by the fire or traffic investigator; or because a technique is too costly when balanced against the outcome. The result is that in many arson cases and road accident investigations the opinion of the investigator can be a pivotal factor in a case being progressed by the Crown Prosecution Service.
The validity of the opinion of the investigator is often accepted as fact and left unchallenged or, if challenged, is contested by defence council with insufficient technical knowledge to persue a robust and informed challenge.
When the 2004 Fire and Rescue Service Act came into force it included powers for the Fire and Rescue Service to carry out fire investigations. At first this appeared to support the fire service's ability to carry out fire investigation. However, it has by virtue of the contents of some sections of the Act, restricted what can be done. Some Fire and Rescue Services therefore do not fully comply with the Act, creating a strong case in a court of law. With a road collision investigation you find that there are also areas which have been missed by initial investigations; seemingly small factors which are invisible to an untrained eye but could completely change a case.
Before any arson or road collision investigation is brought before the court a serious consideration should be given to carrying out an independent investigation. The opinion on which a prosecution is based and the procedures that have been implemented during the investigation should be rigorously reviewed by an expert in order to fully inform a well reasoned defence. This applies to fire 'crimes', road collisions and many other cases such as aviation cases, and tribunals as well as court cases.
An increasing number of people implicated in incidents are choosing not to accept the investigator's word as final and to contact an independent investigator. Independent investigators sometimes propose a different theory to an assigned investigator, which could completely change the course of a case.
If you decide to carry out a fire or road traffic accident investigation choose a company which hires ex-police officers or ex-fire fighters, as they will have more expertise in examining the scene and talking in court. If you have been given a court or tribunal date ask your independent investigator if they can work to this timeframe.
Independent investigations can be carried out using a number of techniques. These include tacograph analysis and reports, mathematical reconstruction, damage analysis, locus survey and plan drawing and analysis of the crime scene.
Wayman are Forensic Expert Witnesses to the legal community. Their team of experienced forensic staff carry out road traffic investigations and fire investigations, amongst many other investigative services.
Independent traffic accident investication
