The Gazette 1986

APRIL 1986

GAZETTE

The Role of the Modern Document Examiner by Timothy T. W. Allen

This article is intended as a general introduction to the roll of the Document Examiner and to briefly indicate the expert evidence available to be put before the Courts in respect of documents the authenticity of which is queried. The question has often been asked how 'strong' is the evidence. The best reply is that it is an Expert Opinion, based on the interpretation of photographic evidence as presented, and resulting from years of expert examination of innumerable documents of all kinds. Since time immemorial documents in one form or another have formed an important part of our daily lives, from the clay tablets and papyrus of ancient times, the parchments of the Middle Ages, to the paper of the present day. The amount of written material in use today, cheques, financial contracts, sales agreements, wills and the like, lead the unscrupulous to commit forgery or at the very least mis-represent material facts. Forgery and the abuse of documents are the fields of expert investigation by the duly qualified Documents Examiner, previously known in vague and sometimes derisory terms, as the Handwriting Expert. The Docu- ment Examiner is not to be confused with the Graphol- ogist, the latter being defined by PA Osborne, Journal of Forensic Science 1983, as an Expert who determines a person's character from handwriting, as opposed to the Document Examiner who examines writing to determine whether or not it is genuine. Writing in this context includes signatures. Duly qualified Documents Examiners have received highly specialised training from UK Home Office Experts and for many years practised their expert skills either as Document Examiners in one of the UK Home Office Laboratories or whilst as serving Police Officers in one of the smaller UK or Service Forces. Many such qualified Document Examiners, particularly those in the smaller Forces, are experts in Police photography, in particular where it relates to the special photographic techniques required in document photography and print enlargement necessary for the production of specialised photographic supplements in document examination cases. The Document Examiner looks beyond the overall appearance of a particular writing (including printing) and examines for characteristic configuration in indiv- idual letter formation and other distinctive points particular to handwriting and/or signatures on a document. On ascertaining the particular characteristic points a comparison is then made between the exhibit (suspect) material and the authenticated (control) material. The Document Examiner will form his opinion as to whether or not a particular writing is genuine on the basis of the number of similar or dis- similar characteristic points. As well as the stated opinion of the Document Examiner, evidence before the Courts will include a photographic supplement of enlarged prints marked to indicate the characteristic points in question, in effect visibly demonstrating in factual form the basis for the opinion.

With typewriting, in addition to paper samples, lay- out, etc., the Document Examiner examines for minute cast variations and/or wear and tear characteristics in the subject printing as produced by the type head. It is incorrect to assume, for instance, that all modern "golf ball" type heads of a given face must produce identical typed material. Under low power (30x) microscopic examination characteristics can be detected that are individual to a particular typing head. Enlarged photo- graphic prints are again used to demonstrate such evidence before the Courts. In addition to the individual letter typing variations there is also the all important typing alignment and spacing, particularly relevant when it is suspected that typed additions have been made to an original document. The re-insertion of an original document into a machine for additional typing results in the failure to obtain exact alignment and correct spacing, clearly visible when the material under examination has been subjected to expert photographic techniques and enlarged prints prepared. Sceptics may refer to classic examples of where the so- called 'handwriting expert' has been proved wrong in his opinion. With, however, modern expert training and the considerable advance in photographic techniques the present day Document Examiner appears before the Courts as a fully competent witness demonstrating support for his opinion by means of his expertly produced photographic and other aids. As in many cases involving the use of expert witnesses, two conflicting opinions may well be submitted for con- sideration by the Courts. As already explained the Document Examiner will have prepared his photo- graphic evidence indicating characteristic points of similarity and/or dissimilarity. In the normal course of events the expert witness who produces the most reason- able basis for his opinion will have such opinion receive favourable consideration. • A number of international lawyers in Ireland are about to establish an Irish Branch of the International Law Association. The inaugural meeting will be on Friday, 18 April, and the guest of honour is Judge Nagendra Singh, the President of the Inter- national Court of Justice. The focal point of the International Law Association's activities is the series of Biennial Conferences held in different countries. The Conferences provide a forum for discussion between academics, practitioners and government lawyers from over 40 countries and have often resulted in the adoption of resolutions that have had a significant influence on the develop- ment of international law. The Irish Branch of the Association anticipates having a Spring and Autumn meeting each year. Anyone interested in joining should contact: Denis Driscoll, Dean, Faculty of Law, University College Galway. News about the International Law Association

61