
This presentation outlines the challenges facing lawyers in understanding the complexities of digital evidence. It introduces the use of war stories of real cases to emphasise the challenges and pitfalls of taking digital evidence at face value. Awareness of the problem is the rational for sharing these presentations with you. Hopefully, increased awareness may encourage the viewer to develop a more cautious view when evaluating the increasing pervasiveness of digital evidence and a need to get help navigate through the technical minefield and understand the evidence in a more informed way.
This presentation shows how the mishandling of a seized mobile device and non-forensic analysis of its contents can easily skew the evidence and lead to a miscarriage of justice. It shows the contamination of digital evidence through manual handled and applications on the handset and how it was possible to alert the Court to the unreliability of the investigators evidence.
This presentation outlines three different fatal vehicle collisions in which each tragic incident included the use of digital evidence extracted from the mobile phones of the drivers charged with dangerous driving leading to the fatalities. The handset evidence in each case was used to demonstrate that the drivers were distracted because of using their mobile phones just before the collisions occurred. If taken at face value and left unchallenged, this evidence would demonstrate significant recklessness by each of the drivers.
A multiple murder resulted in the conviction of the accused but a review of the forensic evidence that included police crime scene video footage and blood smear analysis found on the purported murder weapon, resulted in independent reviews of this forensic evidence. These reviews questioned the validity of the prosecution's exhibits raising doubts much more serious than misinterpreting evidence but in misleading the Court.
This presentation highlights the how slack digital forensic analysis, a blatant disregard to test the validity of alibi witnesses and unsound suspect elimination all resulted in a spectacular outcome when challenged in court. Beware of the obvious and assume nothing, especially so when relying upon digital evidence.
All to frequently I am asked to verify a defendant's claim of innocence because of the unreliability of the digital evidence used to prosecute. Yet, whilst always striving to seek exculpatory and anomalous evidence held on a computer device to ensure that the Court is fully informed, I do receive requests where the defendant is clearly clutching at straws rather than searching for real evidence that would exonerate. This case showed how we did the footwork to show the feasibility of such a defence, yet other compelling evidence impressed the jury more.
These presentations are for the benefit of members of the legal fraternity who have been overcome with digital or computer-based evidence because of a lack of understanding its complex characteristics. Many legal processes have resulted in unjust outcomes because of a failure by the legal fraternity to identify digital evidence provided to them by investigators. There is a noticeable trend towards using non-digital forensic investigators to collect and sometimes misinterpret digital evidence with undue care and a lack of professional skills.
These vignettes or 'war stories' are based on real cases and highlight some of the pitfalls facing both the legal fraternity and investigators as well as forensic examiners. The objective of the course is to develop a greater awareness of these challenges and engender some discussion and action to overcome them. Investigators may also enjoy the presentations and appreciate the need to further develop their own analytical and communications skills.
If you have enjoyed and found these war stories interesting you may wish to consider in enrolling in the associated short course “Why can’t we enhance understanding of digital forensic for legal practitioners? the course was launched in January 2025 and may be located in UDEMY.
Warm wishes to you all for the festive season and for 2025!
Richard Boddington, Perth, Western Australia.