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Prosecuting Lawyer
When digital evidence becomes
the component of a crime , proof before
a court of law becomes imperative and
the general principles with respect to
proof of evidence applies.
The defence is very likely to
contest the probative value of digital
evidence that
seems to incriminate their client. How
then does the prosecuting officer or
attorney ensure that digital evidence is
not so badly tainted that it becomes
inadmissible or plain worthless.
In
the field of computer
evidence, there are now acceptable
standards, judicially
noticed and accepted as the yard stick
for admissible digital evidence.
Protocols, statute and case law now
exit in
different legal jurisdictions as to what
constitutes acceptable digital evidence.
One main obstacle in the
investigative process, is how to manage
the life circle of digital evidence -
from crime scene documentation to
evidence acquisition, preservation,
analysis and presentation. The
objects of a
computer crime scene ( laptop,
servers, and digital devices, mobile
phones and external digital devices) are in
themselves the main focus of
investigation requiring expert
input.
As is often the case, the prosecuting
counsel is very often not part of the
crime scene investigation team or privy
to the laboratory analysis of
digital evidence . However, he is
expected to incorporate the laboratory
findings in grounding his case in court.
The digital crime scene and
the forensic laboratory is where
the damage to digital evidence occurs,
largely, due to the activity of unskilled and
careless investigators and sometimes the
activities of victims of the crime.
How can we help ?
We undertake
digital crime
investigation, collect,
preserve and analyse
computer
evidence, prepare expert
report and participate
in pre trial hearings.
We offer strategies for introducing or
contesting computer evidence and digital
document presentation especially in
cases
involving the use of computers and
computer
fraud.
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What is
our unique advantage in
the
life circle of digital evidence ?
It is our combined
expertise in law and
technology.
Our lead Principal
Consultant has more than
20years combined
experience in
information technology
and legal practice. He
is a Solicitor,
qualified Computer
Systems Engineer and
Certified computer
forensic Investigator.
Consequently,
we understand and
undertake the ownership
of digital
evidence in your case, from the point
of extraction and
analysis to pre trial
conferences, interim
motions and court
room witness examination
and cross examination.
We prepare customised
protocols for computer
crime scene
investigation,
embed in prosecution or
defence teams with the
remit of
conducting the relevant
review of expert
reports, participate in
pre-trial meetings with computer
and information
technology expert
witnesses and document
custodians.
Defence Lawyer
For
the defence lawyer,
imagine these scenario:
The prosecution has produced
evidence
of
computer misuse, fraud or
incriminating evidence based
on digital documents and images extracted
from your clients computer.
How do you contest the probative
value, authenticity and
admissibility of this piece of evidence?
what questions do you ask during
examination in chief, cross
examination and rebuttals? what
does the technical response you
receive from the
computer expert witness mean , how do they fit into the
structure of your case. The
prosecution has called a computer expert
witness to the stand. Do
you take him on or call
your own expert?
In civil
matters, it is a question of
when, not if, you will
confront issues dealing
with computer or digital
document
evidence. You will be
ready if you can address the
important metrics below, as they
apply to your client and
opposition.
What network platform does your
client operate? what operating
systems, databases and applications are in
use ? What is your clients document retention
policy, should you
advice a litigation hold on documents
prior to litigation? -
How do you collate
electronically discovered
documents? Who pays for cost of
electronic document discovery ? can
you challenge the scope of the discovery? if yes, how ?
How do you determine and
source relevant digital
evidence in line with
strategies for pre-trial
discoveries and digital
evidence presentation?
What you don't know can hurt you
As
specialist attorneys we take on
the unique role of
supporting your litigation
team
in resolving these matters.
Contact us
for further information.
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