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Hannibal & Mountford: Criminal Litigation 17e Case Study 4: Peter West Police Station Scenario © Oxford University Press, 2021. All rights reserved. DOCUMENT 14 RESTRICTED (when complete) 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

© Oxford University Press, 2021. All rights reserved.

DOCUMENT 14

RESTRICTED (when complete)

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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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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RESTRICTED (when complete)

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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© Oxford University Press, 2021. All rights reserved.

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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RESTRICTED (when complete)

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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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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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