17 December 2000
Court bullies put pressure
on experts to lie, says scientist
By Catherine Milner
Experts are regularly bullied into making
up evidence by the police and lawyers, according to one of Britain's leading
forensic scientists.
Dr Zakaria Erzinclioglu, a senior research
associate at Cambridge University and the director of the Forensic Science
Research Centre at Durham University, claims, in a book, that "new and
unhealthy pressures" have been brought to bear on forensic scientists because
of the pressure on police to secure convictions. The result, he says, is
that he has witnessed 48 miscarriages of justice in one year.
The allegations, made in his book Maggots,
Murder and Men, are being taken so seriously that Lord Justice Auld is
examining them in his review of the court system and will report to the
Lord Chancellor in January. Dr Erzinclioglu, who has worked on investigations
into murder cases for more than 20 years, is lobbying for an independent
state-funded body to administer the pay of forensic scientists.
At the moment they are paid by the lawyers
using them as witnesses - with the result, he says, that they are encouraged
to lie in order to satisfy their paymasters. Dr Erzinclioglu said: "Forensic
scientists should not be subject to financial or emotional pressures and
their independence must be guaranteed and defined in law so that, like
judges, their neutrality and objectivity can be upheld in every way.
"Unfortunately at the present time forensic
science evidence is paid for by people who are, by the very nature of the
system, biased, even if they are sincerely trying to arrive at the truth.
Police officers and lawyers are interested but not, with the best will
in the world, disinterested, parties."
Dr Erzinclioglu said that he has been pressurised
on a number of occasions by the police and lawyers to give the evidence
that they want to support their case and because he refused he has not
been employed by those people again.
He said: "One solicitor asked me to make
up an answer. I know the kind of pressure the police bring to force you
into a certain kind of investigation and there can be financial pressure
for special witnesses to say certain things because their livelihood depends
on it.
"Each forensic scientist is a narrow specialist
and he needs all the cases that come his way, and if you fail to satisfy
a particular lawyer he is not going to consult you again."
Dr Erzinclioglu specialises in examining
the maggots on corpses as a means of determining where and when someone
was killed. As the lifetime of a maggot is only five days, it can often
be the most accurate way of pinpointing the time at which someone has died.
In addition, because there are 500 different
species of the grub in Britain, and given that corpses are often moved
from one location to another, they can also form vital evidence in indicating
where someone was killed.
Dr Erzinclioglu has a doctorate in maggots,
but he said many of the "experts" brought in by the police and lawyers
are charlatans: "There is nothing to prevent a person who is totally unqualified
as a scientist from practising as a forensic consultant."
Stephen Kramer, QC, the chairman of the
Criminal Bar Association said: "The best experts are the independent ones
and you have no guarantee by having just one expert - as would be the case
if this new system was introduced - that you will get the right result.
Having two experts is frequently quite useful as a cross-check and enables
the jury to be able to conclude whichever way they want. The experts, after
all, frequently agree." |