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Hannibal & Mountford: Criminal Litigation 17e Case Study 4: Peter West Police Station Scenario
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DOCUMENT 14
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WITNESS STATEMENT (CJ Act 1967, s9; MC Act 1980, s5A (3) (a) and Crom PR Part 16)
URN Statement of: Malcolm Hughes
Age if under 18: Over 18 (if over 18 insert ‘over 18) Occupation: Detective Sergeant
This statement (consisting of 2 page(s) each signed by me) is true to the best of my
knowledge and belief and I make it knowing, that if it is tendered in evidence, I shall be
liable to prosecution if I have wilfully stated in it anything which I know to be false or do
not believe to be true.
Signature: M W Hughes Date: 7/4/-
I am a Detective Sergeant Malcolm W Hughes with Lymeshire Constabulary. My force
number is 2084 and I am stationed at Alton Police Station.
Acting on information received I attended 9 Northfield Street, Alton on Monday the 4/4/-I
attended in response to an allegation that a serious sexual assault had occurred in the
bedroom of the property concerned.
I attended the property with DC Seera Patel. A search of the property was undertaken by
me. The property is a two-bedroom terraced house. In the first bedroom which is to the left
of the stairs, I undertook a search of the room. On the floor near to the bed I saw a bed sheet
which contained a red stain. I also noticed a deep red stain on the carpet near to the bed. As
a result of this I made an immediate request for a Scenes of Crime officer to attend the
property. I observed the mattress on the bed in the room in question also had a red stain on it
visible to the naked eye.
Upon searching the washing basket in the bathroom I retrieved a pink nightshirt which I
securely packaged and labelled as exhibit MWH1, which I have signed.
I further retrieved two bottles of Gillette Arctic Ice aftershave from the bathroom cabinet
which I securely packaged and labelled as exhibit MWH2, which I have signed.
From the first bedroom, I retrieved the quilt and its cover. This was securely packaged and
labelled as exhibit MWH3. The label has been signed by me.
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Hannibal & Mountford: Criminal Litigation 17e Case Study 4: Peter West Police Station Scenario
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I undertook a search of the second bedroom of the property. In the course of that search I
recovered a box of Mates condoms which were located in the top drawer of a unit inside the
left-hand side of the built-in wardrobe. This item was securely packaged and labelled as
exhibit MWH4, which I have signed.
From this wardrobe I also retrieved a red T shirt which I securely packaged and labelled as
exhibit number MWH5, which I have signed. I retrieved a pair of black jeans which I
securely packaged and labelled as exhibit number MWH6, which I have signed. I also
retrieved from the wardrobe a pair of boxer shorts bearing the Manchester United emblem
which I securely packaged and labelled as exhibit number MWH7, which I have signed.
At 1500 hours a Scenes of Crime Officer, Lucy Shields attended the premises.
I remained at the property until her work was completed.
On Tuesday (5/4/-) I attended Brenda Bailey and Sandra Bailey at Rochester Police Station.
I took a full set of fingerprints from Sandra Bailey which I exhibit as MWH 8. I took a full
set of fingerprints from Brenda Bailey which I exhibit as MWH 9.
On Wednesday (6/4/-) at 1835, I attended 9 Northfield Street, Alton, Lyme. The front door
was answered by a male who identified himself to me as Peter West. I arrested Peter West
on suspicion of the rape of Sandra Bailey. He was cautioned and replied: “the conniving
little bitch-I knew she’d do something like this.”
Peter West was conveyed to Alton Police Station where his detention was authorised in
accordance with PACE 1984. Whilst at the police station I seized Peter West’s mobile
telephone which I securely packaged and labelled as exhibit number MWH10, which I have
signed. A full set of fingerprints was taken from Peter West which is exhibited as MWH 11-
the label to which I have signed.
Signed: M W Hughes
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Hannibal & Mountford: Criminal Litigation 17e Case Study 4: Peter West Police Station Scenario
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WITNESS STATEMENT (CJ Act 1967, s9; MC Act 1980, s5A (3) (a) and Crim PR Part 27)
URN Statement of: Lucy Shields
Age if under 18: over 18 (if over 18 insert ‘over 18) Occupation: SOCO
This statement (consisting of 2 page(s) each signed by me) is true to the best of my
knowledge and belief and I make it knowing, that if it is tendered in evidence, I shall be
liable to prosecution if I have wilfully stated in it anything which I know to be false or do
not believe to be true.
Signature: Lucy Ann Shields Date: 5/4/-
I am a Scientific Support Officer employed by Lymeshire Constabulary. I have received
the pre-requisite training and possess the relevant professional qualification in respect of
my position. I am a registered forensic practitioner. At 1450 hours, on Monday (4/4/-) I
received a call to attend 9 Northfield Street, Alton, Lyme. The property is a private two-
bedroom residential house.
I arrived at this address at 1500 hours and was met there by DS 2957 Phillips, the senior
investigating officer who directed me towards a bedroom on the first floor of the
property. My attention was directed towards certain pertinent items of relevance to the
investigation. Before taking possession of the items, they were photographed in situ
The photographs appear in an indexed album of photographs as exhibit LAS1. I have
signed the exhibit label attached to this exhibit. All negatives pertaining to these
photographs are filed at the Chief Constables office bearing reference number LP-2006-
459569-3977.
At 1520 hours, I took possession of a bed sheet which contained a large red stain. I
carried out a presumptive test on the substance which gave a positive result for the
presence of human blood. The sheet was then securely packaged and I exhibit the
package as LAS2. I have signed the exhibit label attached to this exhibit. Having carried
out the presumptive testing, I disposed of the gloves I was wearing and replaced them
with a fresh pair.
My attention was then directed to the single mattress on the bed. There was a smaller red
stain clearly visible to the eye. I carried out a presumptive test on the substance which
gave a positive result for the presence of human blood. The mattress was securely
packaged and I exhibit the package as LAS3. I have signed the exhibit label attached to
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Hannibal & Mountford: Criminal Litigation 17e Case Study 4: Peter West Police Station Scenario
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this exhibit. Having carried out the presumptive testing, I disposed of the gloves I was
wearing and replaced them with a fresh pair.
I was further directed to a red stain visible on the carpet are near to the bed. A square
section of the carpet was cut away. I carried out a presumptive test on the substance
which gave a negative result for the presence of human blood. I securely packaged the
square section of carpet and I exhibit the package as LAS4. I have signed the exhibit
label attached to this exhibit. Having carried out the presumptive testing, I disposed of the
gloves I was wearing and replaced them with a fresh pair.
I undertook a swab of the toilet seat in the bathroom located on the first floor of the
property. The swab was securely packaged and bears exhibit label LAS5 which has been
signed by me.
Having signed all the exhibit labels, the exhibits were forwarded to Lymeshire Forensic
Science Laboratory for examination and comparison purposes.
Record of photographs in exhibit LAS1
Photograph 1- Picture of bedroom 1 from the door
Photograph 2 –Picture of bedroom 1 with back to window
Photograph 3-Picture of carpet showing red stain.
Photograph 4-Picture of mattress on bed showing red stain
Photograph 5- Picture of bed sheet showing red stain
Signed: Lucy Ann Shields
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WITNESS STATEMENT (CJ Act 1967, s9; MC Act 1980, s5A (3) (a) and Crim PR Part 27)
URN Statement of: Dr Angela Casey-Heeney
Age if under 18: Over 18 (if over 18 insert ‘over 18) Occupation: FME
This statement (consisting of 1 page(s) each signed by me) is true to the best of my
knowledge and belief and I make it knowing, that if it is tendered in evidence, I shall be
liable to prosecution if I have wilfully stated in it anything which I know to be false or do
not believe to be true.
Signature: Angela Casey-Heeney Date: 8/4/-
I am a Forensic Medical Examiner of 12 years experience.
On Monday the 4/4/-I undertook to obtain certain samples from Brenda Bailey at the
request of Lymeshire Police. The examination took place at the Sexual Assault
Investigation Suite room Number 2 at Rochester Police Station. The examination
commenced at 1830 hours and concluded at 1845 hours.
With the consent of Brenda Bailey I obtained the following from her: -
A mouth swab which I securely packaged and which bears the exhibit label ACH 11
signed by me. This item was refrigerated pending collection.
A number of hairs plucked from Brenda Bailey’s scalp. The hairs were securely packaged
and bear the exhibit label signed by me.
A number of public hairs removed from Brenda Bailey. The hairs were securely packaged
and bear the l exhibit label ACH 13 signed by me.
All the items were passed onto DC Julie Shaw for onward transmission to the Lymeshire
Forensic Science Service laboratory.
Signed: Angela Casey-Heeney
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Hannibal & Mountford: Criminal Litigation 17e Case Study 4: Peter West Police Station Scenario
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WITNESS STATEMENT (CJ Act 1967, s9; MC Act 1980, s5A (3) (a) and Crim PR Part 27)
URN Statement of: Dr Hamish Hamilton
Age if under 18: Over 18 (if over 18 insert ‘over 18) Occupation: Forensic Scientist
This statement (consisting of page(s) each signed by me) is true to the best of my
knowledge and belief and I make it knowing, that if it is tendered in evidence, I shall be
liable to prosecution if I have wilfully stated in it anything which I know to be false or do
not believe to be true.
Signature: Hamish Hamilton Date:19/4/-
DEFENDANT: Peter West
I hold the degree of Bachelor of Science with Joint Honours in Biochemistry and
Physiology. I am a Forensic Scientist and work for the Forensic Science Service in their
Morley Laboratory. I have 13 years experience in the examination of biological evidence
which includes analysis of body fluid staining as part of forensic pathology and the
interpretation of DNA profiling results.
RECEIPT OF ITEMS
Records show that on the 7/4/- the items described below relating to an investigation of a
serious sexual assault at 9 Northfield Street, Alton, Lyme were received at the Morley
laboratory of the Forensic Science Service from Lymeshire Police.
Items from the crime scene
LAS 2- bed sheet with red stain
LAS 3-single bed mattress with red stain
LAS4-section of carpet with red stain
LAS 5-swab taken from toilet seat
Items attributed to Sandra Bailey
ACH3-pubic combing
ACH5-reference blood sample
ACH7-pubic hair
ACH 8-nail scrapping from left hand
ACH 9-nail scrapping from right hand
ACH 10-high vaginal swab
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Hannibal & Mountford: Criminal Litigation 17e Case Study 4: Peter West Police Station Scenario
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MWH1-pink nightshirt
Items attributed to Peter West
JTG1-pubic combing
JTG2-penile swab
JTG3-pubic hair
JTG4-reference sample blood
MWH-5 red T-shirt
MWH-6black jeans
MWH 7 boxer shorts
Items attributed to Brenda Bailey
ACH 11-mouth swab
ACH12-pubic hair
BACKGROUND INFORMATION
From the information provided by the Police, I understand the following:
It is alleged that on Friday the 1/4- Sandra Bailey, a 14 year old girl was raped on her bed
in her bedroom at 9 Northfield Street. It is alleged that Peter West, who lives at the
property is the person responsible for the rape. In the course of the attack Ms Bailey
believes she struck her assailant about the face using her left hand. Various items of
clothing were seized from the home said to have been worn by the suspect, Peter West.
This is the information on which I have based my examination and have used in the
interpretation of the findings.
TECHNICAL ISSUES
Transfer of Blood and Semen
In the event of a sexual assault semen and blood may be transferred from the assailant to
the victim and onto the victim’s clothing or the surrounding area. Likewise bodily fluids
from the victim can be transferred to the assailant, his clothing or the surrounding area.
The amount of biological material transferred will be dependant on a number of factors
such as the nature of the assault, duration of contact, the use of a protective sheath,
whether full penetration and ejaculation was achieved and whether the victim had
previously had sexual intercourse.
DNA Profiling
STR Plus profiling is a sensitive DNA analysis technique. An STR Plus profile prepared
from biological material such as blood can be compared with the STR Plus profile
obtained from a reference sample from any person. If a person’s STR profile is different
from that of the biological material then that person cannot be the source of the material.
If the profiles are the same, then that person, together with anyone else who has the same
STR plus profile, can be considered as a potential source of the material. The evidential
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Hannibal & Mountford: Criminal Litigation 17e Case Study 4: Peter West Police Station Scenario
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significance of any match can then be evaluated by assessing the probability of obtaining
such a match by chance.
Further details of the procedures used are provided in Appendix 1 (Not-reproduced for
the purposes of this exercise)
EXAMINATION AND RESULTS
In undertaking the work connected with this case I was assisted by other members of the
laboratory staff employed in this case and their involvement is noted in the Forensic
Examination Record presented as item HH/299/1. A full record of the work done in this
case is available for inspection at the relevant laboratories
Reference samples
JTG4-reference sample of blood from Peter West
ACH5-reference sample of blood from Sandra Bailey
ACH11-reference sample of saliva taken from Brenda Bailey
DNA profiles have been obtained from these samples and are different to each other
PURPOSE OF EXAMINATION
To determine whether or not there is any scientific evidence to assist in addressing the
assertion that Sandra Bailey was raped by Peter West.
I have sought to do this by examining various items for the presence of semen and blood
and submitting any found for DNA profiling to determine whether or not it could have
originated from Sandra Bailey.
Items attributed to Sandra Bailey
ACH 10-high vaginal swab
When subject to chemical testing and microscopic analysis no traces of seminal fluid
were found on the swab. The swab contained traces of a spermicidal lubricant. Chemical
analysis of the lubricant revealed it to be Nonoxynol-9. Spermicidal lubricant is
commonly found at the tip of some manufactured condoms.
ACH 8-nail scrapping from left hand
A DNA profile has been obtained from cellular material extracted from this exhibit which
matches the DNA profile obtained from Peter West. Therefore the cellular material could
have originated from him.
MWH1-pink nightshirt
Before testing, this item was subject to a detailed visual examination. Fourteen hairs were
recovered from the sheet and were subjected to forensic testing for the presence of DNA.
Three of the fourteen strands of hair were consistent with the pubic hair sample obtained
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from Sandra Bailey ACH7. A DNA profile could not be extracted from any of the hairs.
Eleven of the hairs were consistent with the pubic hair taken from Peter West JTG3. A
DNA profile could not be extracted from these.
No traces of human blood or semen were found on this exhibit. This exhibit was sent to
another department within the laboratory for further testing of chemical compounds as
the garment smelled strongly of a perfume based substance.
[Please assume you are in possession of a further report which discloses the fact that the
nightdress has tested positive for the presence of aftershave. Chemical analysis has
established the aftershave on the nightdress has the same chemical compound as that
analysed from the sample of Gillette-Arctic Ice-exhibit MWH2]
ACH3-pubic combing
Nothing of any evidential relevance was found due to insufficient cellular material.
Items attributed to Peter West
JTG2-penile swab
A DNA profile was obtained from this swab.
MWH5-T shirt
Before testing, this item was subject to a detailed visual examination. No human hair was
found on it. This garment tested positive for the presence of human blood. The blood was
located at the bottom right hand corner of the T shirt. A DNA profile was extracted. A
DNA profile was obtained which matches that of the known profile of Sandra Bailey.
Therefore the blood on the T shirt could have originated from her. No traces of seminal
fluid were found on the T shirt.
MWH6-black jeans
Before testing, this item was subject to a detailed visual examination. Five hairs and
several red coloured fibres were retrieved from this item and subjected to DNA testing.
This garment contains staining on the right leg. It tested negative for the presence of
semen or blood. The garment was repackaged and sent to another department within the
laboratory for further testing. The hairs were consistent with pubic hair taken from
Sandra Bailey ACH7 and Peter West JTG3. A DNA profile was extracted from one of the
hairs. A DNA profile was obtained which matches that of the known profile of Sandra
Bailey. Therefore this hair could have originated from her.
[Please assume you are in possession of a further report which discloses the fact that
tannins, consistent with red wine were in fact found on the jeans. In addition the fibres
found on the jeans are consistent with those found in the carpet in Sandra’s bedroom.]
MWH7-boxer shorts
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Before testing, this item was subject to a detailed visual examination. Two hairs were
found on it. A DNA profile could not be extracted from any of the hairs. The hairs were
consistent with pubic hair from Peter West JTG3 and from Sandra Bailey ACH7. This
garment tested negative for the presence of human blood and semen.
JTG1-pubic combing
Nothing of any evidential relevance was found due to insufficient cellular material.
Items associated with the crime scene
LAS2-bed sheet containing red stain
Before testing was carried out the sheet was examined in fine visual detail. Nine strands
of hair were recovered from the sheet and were subjected to DNA testing. The sheet
tested positive for the presence of human blood. A DNA profile was obtained which
matches that of the known profile of Sandra Bailey. Therefore the blood on the bed sheet
could have originated from her. No traces of seminal fluid were found on the bed-sheet.
From the nine strands of hair, all of which comprised pubic hair, a DNA profile was
extracted from three of them. In relation to two strands of hair a DNA profile was
obtained that matches the known profile of Peter West. In relation to the third hair that
yielded a DNA result, the profile obtained matched the known profile of Sandra Bailey.
LAS3-mattress containing red stain
Before testing was carried out the sheet was examined in fine visual detail. No hair was
found on this item. The mattress tested positive for the presence of human blood. A DNA
profile was obtained which matches that of the known profile of Sandra Bailey. Therefore
the blood on the bed sheet could have originated from her. No traces of seminal fluid
were found on the mattress.
LAS4-section of carpet containing red staining
Before testing was carried out the section of carpet was subject to a detailed visual
examination. Nine strands of scalpel hair were recovered from the carpet and were
subjected to forensic testing. In relation to four strands of hair a DNA profile was
obtained that matches the known profile of Peter West. No traces of human blood or
semen were found on this exhibit. The exhibit was repackaged and sent for further
chemical analysis within the laboratory.
[Please assume you are in possession of a further report which discloses the fact that
tannins, consistent with red wine were in fact found on the jeans].
LAS5-swab sample taken from the toilet
There was insufficient material from which to extract a DNA profile. No traces of
seminal fluid found.
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INTERPRETATION AND EVALUATION OF THE DNA PROFILING RESULTS
The DNA results show that blood tested on LAS2 could have originated from Sandra
Bailey or from another person with the same DNA profile as her. If the blood originated
from Sandra Bailey, I would expect to have obtained matching DNA profiles. If the blood
originated from an unknown person, unrelated to Sandra Bailey, it has been estimated
that the probability of obtaining matching profiles is in the region of 1 in 57 billion (a
thousand million).
(This is termed the random match probability: that is the probability of obtaining the
same profile from a person selected at random).
An alternate way of expressing this assessment is that obtaining these matching DNA
profiles would be in the order of a 57 billion times more likely if the blood had originated
from Sandra Bailey rather than some other unrelated individual of the population.
These statistics apply equally to the blood found on exhibit number LAS3.
The DNA results show that blood tested on the T shirt (exhibit MWH5) said to have
been worn by Peter West on the night in question could have originated from Sandra
Bailey or from another person with the same DNA profile as her. If the blood originated
from Sandra Bailey, I would expect to have obtained matching DNA profiles. If the blood
originated from an unknown person, unrelated to Sandra Bailey, it has been estimated
that the probability of obtaining matching profiles is in the region of 1 in 57 billion (a
thousand million).
(This is termed the random match probability: that is the probability of obtaining the
same profile from a person selected at random).
An alternate way of expressing this assessment is that obtaining these matching DNA
profiles would be in the order of 57 billion times more likely if the blood had originated
from Sandra Bailey rather than some other unrelated individual of the population.
The DNA results show that the cellular material tested in ACH8 (from under the
fingernails of the left hand of Sandra Bailey) could have originated from Peter West or
from another person with the same DNA profile as him. If the cellular material originated
from Peter West, I would expect to have obtained matching DNA profiles. If the cellular
material originated from an unknown person, unrelated to Peter West, it has been
estimated that the probability of obtaining matching profiles is in the region of 1 in 7.8
billion (a thousand million).
(This is termed the random match probability: that is the probability of obtaining the
same profile from a person selected at random).
An alternate way of expressing this assessment is that obtaining these matching DNA
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profiles would be in the order of 7.8 billion times more likely if the cellular material had
originated from Peter West rather than some other unrelated individual of the population.
The DNA results arising from the presence of pubic hair found on exhibit number MWH
6 (pair of jeans) could have originated from Sandra Bailey or from another person with
the same DNA profile as her. If the DNA originated from Sandra Bailey, I would expect
to have obtained matching DNA profiles. If the DNA originated from an unknown
person, unrelated to Sandra Bailey, it has been estimated that the probability of obtaining
matching profiles is in the region of 1 in 30 million.
(This is termed the random match probability: that is the probability of obtaining the
same profile from a person selected at random).
An alternate way of expressing this assessment is that obtaining these matching DNA
profiles would be in the order of 30 million times more likely if the DNA had originated
from Sandra Bailey rather than some other unrelated individual of the population.
The DNA results arising from the presence of pubic hair found on exhibit number LAS2
(bed-sheet) could have originated from Peter West or from another person with the same
DNA profile as him. If the DNA originated from Peter West, I would expect to have
obtained matching DNA profiles. If the DNA material originated from an unknown
person, unrelated to Peter West, it has been estimated that the probability of obtaining
matching profiles is in the region of 1 in 15 billion (a thousand million).
(This is termed the random match probability: that is the probability of obtaining the
same profile from a person selected at random).
An alternate way of expressing this assessment is that obtaining these matching DNA
profiles would be in the order of 15 million times more likely if the DNA had originated
from Peter West rather than some other unrelated individual of the population.
The DNA results arising from the presence of scalpel hair found on exhibit number LAS4
(section of carpet) could have originated from Peter West or from another person with the
same DNA profile as him. If the DNA originated from Peter West, I would expect to
have obtained matching DNA profiles. If the DNA material originated from an unknown
person, unrelated to Peter West, it has been estimated that the probability of obtaining
matching profiles is in the region of 1 in 15 billion (a thousand million).
(This is termed the random match probability: that is the probability of obtaining the
same profile from a person selected at random).
An alternate way of expressing this assessment is that obtaining these matching DNA
profiles would be in the order of 15 million times more likely if the DNA had originated
from Peter West rather than some other unrelated individual of the population.
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CONCLUSION
I understand the scientific findings provide: -
[Extremely strong support for the assertion that the blood tested on the bed-sheet LAS2
originated from Sandra Bailey rather than someone unrelated to her].
[Extremely strong support for the assertion that the blood tested on the mattress LAS3
originated from Sandra Bailey rather than someone unrelated to her].
[Extremely strong support for the assertion that the blood tested on the T shirt MWH5
originated from Sandra bailey rather than someone unrelated to her].
[Extremely strong support for the assertion that the cellular material found in ACH8
originated from Peter West rather than someone unrelated to him].
[Extremely strong support for the assertion that the pubic hair found on MWH6
originated from Sandra Bailey rather than someone unrelated to her].
[Extremely strong support for the assertion that the pubic hair found on LAS2 originated
from Peter West rather than someone unrelated to him].
[Extremely strong support for the assertion that the scalpel hair found on LAS4
originated from Peter West rather than someone unrelated to him].
In expressing the evidential significance of my finding I have used the following scale of
support: no support: limited, moderate, moderately strong, strong, very strong, extremely
strong.
My opinion on the source of the DNA is provided here for the benefit of the prosecution
and defence.
I have been asked to express an opinion as to the likely source of the blood on exhibit
numbers LAS2, LAS3 and MWH5. Specifically I have been asked to consider whether
the blood on LAS2, LAS3 and MWH5 could have been menstrual blood. Visual
inspection of LAS2 showed a significant quantity of blood loss. Microscopic examination
confirmed that results of the presumptive testing in each case.
Further detailed analysis of all stains was undertaken using an electron microscope for
the purpose of ascertaining the source of the stain. There are significant differences
between menstrual blood and that which comes from other sources. Menstrual bleeding
will contain plasminogen. Plasminogen has potent actions that break up the fibres of the
lining of the uterus which help to prevent clotting of the menstrual fluid and facilitate the
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expulsion of degenerated tissue. As such, the stain of left from menstrual effluent will
have a greater amount of dead cells and cellular particles than that from a source of
peripheral blood. Additionally, the lack of plasminogen in the blood from a ruptured
hymen will clot much faster and stronger than the blood found in menstrual effluent.
The number and quantity of different blood cell types will also differ. There will be less
red blood cells and platelets in the menstrual fluid than in the peripheral blood. The red
blood cells give blood its red colour and the platelets aid in the clotting of the blood.
The cells which would be found in the sample of blood from a sexual assault will be from
the wall of the vagina whereas the cells found in the menstrual fluid will be from the
uterus. These cells are easily distinguished by microscopic examination. Another
important difference between these cells is the manner in which these cells die. The cells
which are found in the blood of a sexual assault victim will have been produced from
friction and have died due to trauma of the cell. The cells that are found in the menstrual
fluid have died due to a process known as apoptosis. This is a natural cellular death that
can be distinguished from a traumatic death via many differences, the most prevalent
being the lack of a nucleus in the apoptotic cell.
Based on microscopic examination and further histological analysis of the specimen, I
was unable to find any plasminogen in the blood found on exhibit numbers LAS2, LAS3
or MWH5. The specimen in exhibit number LAS2 contained the usual number of red
blood cells that would be found in peripheral blood and the cellular material comprised
vaginal cells as opposed to uterine cells.
As a result of my examination and analysis of the cellular material, I have come to the
conclusion that there is very strong support for the conclusion that blood found on exhibit
numbers LAS2, LAS3 and MWH 5 was not a result of menstrual bleeding. I cannot say
when the blood was deposited.
HEALTH HAZARD
Some of the items are stained with blood. The conditions of these items represent a
potential health risk. Consequently, the bags containing these items should not be opened
in a Courtroom or other public place and the contents examined or demonstrated without
adequate precautions being taken. If it is necessary to remove items from their bags, they
should be handled only by someone wearing polythene gloves.
Signed: H Hamilton
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WITNESS STATEMENT (CJ Act 1967, s9; MC Act 1980, s5A (3) (a) and Crim PR Part 27)
URN Statement of: Dr Thomas Fisher
Age if under 18: Over 18 (if over 18 insert ‘over 18) Occupation: Forensic Scientist
This statement (consisting of page(s) each signed by me) is true to the best of my
knowledge and belief and I make it knowing, that if it is tendered in evidence, I shall be
liable to prosecution if I have wilfully stated in it anything which I know to be false or do
not believe to be true.
Signature: T Fisher Date: 18/4/-
QUALIFICATIONS
I hold a First Class Bachelor of Science Degree in Bio-Chemistry and a Masters Degree in
Fingerprint Analysis. I am a Forensic Scientist and work for the Morley Street Laboratory.
My area of expertise is the examination of fingerprint evidence, which includes latent prints
from a variety of surfaces using various methods and comparison of fingerprint evidence
with fingerprints from suspects and other individuals and with fingerprints stored on
NAFSIS, National Automated Fingerprint Identification System. I am a fingerprint expert of
10 years experience and my name appears in the National Register of Fingerprint Experts
entry number 2043.
LABORATORY REFERENCE
The laboratory reference number is E/MS/O6/1534/T/1
RECEIPT OF ITEMS
On the 10th April, I received the following exhibits from Lymeshire Police:
MWH4 (opened box of condoms)
MWH11-known fingerprints of Peter West
MWH8-known fingerprints of Sandra Bailey
MWH9-known fingerprints of Brenda Bailey.
PURPOSE OF EXAMINATION
The purpose of my examination was to determine whether or not there was any scientific
evidence to assist in addressing the assertion that exhibit MWH4, an opened packet of Mates
Ultra-Safe condoms had been in contact with the defendant PETER WEST or some other
individual.
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I have sought to do this by examining the item for fingerprints and submitting any found for
comparative analysis with the known prints of PETER WEST, SANDRA BAILEY AND
BRENDA BAILEY.
TECHNICAL ISSUES
In the event of physical contact of the fingers with an object, fingerprints are transferred to
the object by touch and although they may not be seen by the naked eye there is a variety of
techniques available to enhance the latent print.
FINGERPRINT ANALYSIS
Fingerprints are considered to be unique from one individual to another (except identical
twins). Upon the analysis of fingerprint evidence, the ridge detail is examined and points of
the detail are highlighted and marked. Upon comparison with reference controls, if the same
ridge detail matches between evidence and the control, then the person can be considered as
the potential source of the fingerprints.
EXAMINATION AND RESULTS
In undertaking the work connected with this case, I have worked alone as noted in the
Forensic Examination Record presented as item ML/TF/NJ/049/06/1. A full record of the
work done in this case is available for inspection at the laboratory.
Exhibit MWH4
This item comprised an opened packet of condoms manufactured by Mates. The outer
packaging had been opened. Inside there were ten foil- sealed packages joined together.
PROCEDURE
I dusted the outer side of the box for latent prints using an aluminium powder. Using the
same technique I dusted the unopened packets of condoms inside the opened box for latent
prints. Several prints were highlighted on both the outer packet and the unopened foil sealed
condom packages inside.
The prints were then compared with the control reference exhibit MWH11 PETER WEST’S
fingerprints.
RESULTS
From comparison with the reference control exhibit MWH 11, a positive 12 point match
was made between the outer packaging of exhibit MWH 4, with the left middle thumbprint,
right index finger and left middle finger of PETER WEST, exhibit MWH 11.
From comparison with the reference control exhibit MWH 11, a positive 10 point match
was made between the contents of exhibit MWH4, with the right middle thumbprint, left
middle thumbprint, right index finger and left middle finger of PETER WEST, exhibit
MWH 11.
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No other distinguishing set of prints were found on either the outer packaging or its
contents.
Signature: T Fisher