The Gazette 1986

GAZETTE

APRIL 1986

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. •

News about the

International Law Association

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.