THE DIFFERENCE BETWEEN FORENSIC INVESTIGATION AND CRIME INVESTIGATION

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POST-MORTEM REPORT AS SOURCE OF INFORMATION

INTRODUCTION

This chapter deals with the post-mortem report as a source of information. The researcher focuses much on the information which forms building blocks for a good postmortem report, such as the identity of the deceased. The researcher also addresses concepts such as identification, chain of evidence, and the collection, packaging and sending of exhibits. The crux of the discussion revolves around the understanding of the post-mortem report as an investigative tool in murder cases. The discussions go further to cover the following: information on the post-mortem report to be used for identification of crime, individualisation of crime, and tracing of the suspects.

MURDER

Joubert (2001:105) illustrates that the specific conduct required to constitute murder, is causing another person’s death. She adds to this by explaining that since the death of a person must be caused, murder can be committed in various ways – for instance, shooting a person with a gun, stabbing with a knife or strangling them. It is not relevant which method causes the death, as long as the person is killed as a result of the method. She continues to reveal that the killing of another person will not constitute murder if a ground of justification, such as private defence or officially capacity, justified conduct. Joubert (2001:106) concludes by indicating that it is a requirement that the act of the killer be intentionally. Gilbert (2004:275) puts it practically when he indicates that a person, who kills an individual without lawful justification, commits murder, if such person performs the acts that the cause of death and:

1. he either intends to kill or do great bodily harm to that individual or another; or knows that such acts will cause death to that individual or another.
2. he knows that such acts create a strong probability of death or great bodily harm to that individual or another.
3. he is attempting or committing a forcible felony other than voluntary manslaughter.

The researcher asked the participants what murder is. They answered as follows:

• The participants reflected that murder is the unlawful and intentional killing of another person.
• In addition to this two police investigators and one prosecutor indicated that in murder it is immaterial what object is used to kill, as long as a person dies.

The researcher compared the viewpoint of the literature and participants, and he discovered that there is no difference, since they all indicated that murder is the unlawful and intentional killing of a person. As can be seen from the participants’ responses, one participant could have provided more than one answer, hence the difference in the number of participants.

IDENTIFICATION

According to Marais (1992:18), identification rests on the theory that everything in the universe is unique in that it has certain distinctive, individual and class characteristics. He goes further to indicate that the views concerning the concept of identification differ among the various sciences, but it is generally applied by those sciences to place an object into specified groups, that is, to pinpoint an object as belonging to a specific class of objects.
The police investigator must make arrangements for the body to be identified by the deceased’s next of kin. The investigator has to employ various investigation approaches available, in order to find the deceased’s next of kin (Barnard, Cronje, De Klerk, Van Zyl & Zinn, 2002:330). Marais (1992:21) explains that identification of persons living or dead is a form of identification that can be direct or indirect. Direct identification refers to identification of persons on the grounds of direct experience, observation and the memory image created thereby.
In this study it revolves, particularly, around the identification of someone as a specific person. Indirect specification takes place by means of fingerprints and other physical evidence, circumstances or phenomena. Van der Westhuizen (1996:138) becomes more relevant and specific when he reveals that the identification of unknown human remains constitutes a fundamental issue in the practice of forensic science and criminalistics. The key to successful identification lies in teamwork involving other forensic scientists, such as physical anthropologists, forensic dentists, radiologists and criminalistics experts, whose pooled knowledge may be required for conclusive
identification of the deceased.
Van der Westhuizen (1996:138) goes further to cite that because identification of unknown human remains is based upon comparison of unknown information derived from records with data obtained by post-mortem examination, the following records are his suggested comparison with the investigative and post-mortem findings:

• Reports of missing persons filed with the police
• Fingerprints
•  Dental records
•  Previous medical records which include past medical history
• Laboratory records, which includes blood group
• Ante-mortem x-rays
• Employment records
• Police records

Marais (1992:138) concludes by indicating the importance of accurate identification of unknown human remains, as impacting on the following:

• Notification of next of kin
• Completion of official record
•  Settlement of insurance claims
• Use in criminal court cases, especially murder

Jackson and Jackson (2004:339) concur with Marais when they emphasise that the identification of the deceased person is an integral part of the post-mortem examination. Correct identification is essential for several reasons, including humanitarian considerations and legal requirements, and is of particular importance where the death of an individual is criminal or suspicious in nature and therefore the subject of police investigation. They are quick to point out that identification of the individual by visual clues becomes progressively more difficult as the body of the person concerned is in a decomposed state. Again, identification may be disturbed if the corpse has been subjected to dismemberment or mutilation.
Although it is difficult to identify a decomposed and/or skeleton corpse as alluded to above, it is still possible. Jackson and Jackson (2004:347) continue by citing the case of Mrs. Rachel Doblain. The Home Office pathologist, Dr Keith Simpson, was called in to examine the remains. He established that the victim was female, and noted that her hair, which was dark brown, was starting to turn grey. He estimated her height at around five feet (1,52 m) and that she had been dead for between 12 and 18 months. The presence of a blood clot in the voice box strongly pointed to manual strangulation as the cause of death. Post-mortem examination of the remains also showed that the uterus of the victim was enlarged, due to the presence of a fibroid tumour. After consulting the record of missing persons, the police came up with a potential match, that of Mrs Rachel Doblain, aged 47 years, who had been reported missing about 15 months earlier. As well as concurrence between her age, height and the date of her disappearance, ante-mortem medical records revealed that she had indeed been suffering from a fibroid tumour. However, odontological evidence was crucial, through the comparison between the teeth of the upper jaw, which had undergone extensive dental treatment, and Mrs. Doblain’s meticulous ante-mortem dental records demonstrated an exact match.

The researcher inquired from the participants what the meaning of identification is.
They answered as follows:

• Nine police investigators and two prosecutors indicated that identification is about identifying the suspect.
• Four police investigators indicated that identification is about identification of the crime scene and exhibits.
• Three police investigators indicated that identification is about identifying the witnesses.
• One police investigator and one prosecutor indicated that identification refers to identifying anything relating to the committed crime.
• Two forensic medical practitioners, two forensic pathologists and one police investigator revealed that they understood identification as a way of identifying the deceased in so far as the gender, race, age and injuries sustained by such deceased is concerned.

The literature gives the meaning of identification, while the participants give categories instead of the meaning of identification. The researcher is of the opinion that the failure of the participants to give the exact meaning of identification was not a problem in the execution of their duties, since they showed an understanding of its categories.

INDIVIDUALISATION OF CRIME

According to Marais (1992:19), individualisation is only possible if it is preceded by a series of identification. Individualisation is based on and takes place through comparisons. He goes further to indicate that it refers to the demonstration that a particular sample is unique, even among members of the same class.
Van der Westhuizen (1996:06) indicates that individualisation involves comparison of disputed objects found at the scene of the crime with one of known origin, for example, from the suspected criminal. He continues to indicate that a process of individualisation takes place to determine individuality and it normally consists of identifications and comparisons which have a twofold aim, namely:

• To individualise positively the various objects in dispute
• To conclusively determine the criminal involvement of the object or person providing the standard of comparison.

Van Rooyen (2001:58) says that individualisation is complete when the object in dispute and the standard of comparison have the same origin.
The researcher asked the participants what individualisation of crime is. They answered as follows:

• Seven police investigators, three prosecutors, two forensic pathologists and one forensic medical practitioner indicated that individualisation is based on comparison of the items or objects.
• Five police investigators revealed that individualisation happens when, for instance, a firearm is identified as the object which caused death, based on the comparison of the bullet found in the deceased and the firearm in question.
• One forensic medical practitioner gave an example similar to the above by indicating that when poison is identified from the deceased body, it has to be compared with the poison found at the crime scene, as a way of identifying its origin.
• Seven police investigators do not know what individualisation is.

The researcher compared the viewpoint of the literature and the participants, and he established that seven police investigators do not know the meaning of individualisation of crime. It is surprising that approximately 37% police investigators who, according to an interview schedule, had at least five years’ experience, and detective training, could fail to understand the meaning of “individualisation”. It may be that, although the concept “individualisation of crime” is covered in their training manual, it is not well covered during their actual training.

CATEGORIES OF IDENTIFICATION

According to Van der Westhuizen (1996:6), there are eight important categories of identification:

• Situation identification relates to the crime situation, and individualises the unlawful nature of the situation. Marais (1992:04) indicates that the correct identification of the crime situation is of fundamental importance, because mistaken identification can give rise to the investigation being sent in the wrong direction, valuable evidence being lost and the hypothesis remaining unconfirmed.
• Witnesses’ identification individualises the part of the alleged perpetrator by means of the account of events that emerges from the statements of complainants and witnesses.
• Victim identification – this is discussed in detail under its own sub-heading further on in this chapter.
• Imprint identification attempts to achieve individualisation by comparing disputed imprints with a control imprint of the alleged object. Marais (1992:24) cites fingerprints as the most reliable method of identification. He is quick to point out that in some instances the corpse might be decomposed, or so badly mutilated that no fingerprints are available for comparison. He continues to show that if there are no before-death fingerprints available, then a complete set of the corpse’s fingerprints will be valueless.
• Origin identification is mainly concerned with the analysis of organic and inorganic solids or fluids, to determine whether the disputed sample and the exemplar have a common origin. Marais (1992:131) unfolds the case wherein the accused lifted the victim over a barbed wire fence after which he raped and murdered her. A piece of material from the victim’s dress remained snagged on the barbed wire fence. During comparison, it (the disputed sample) was found to match the dress
  material (comparison standard) of the deceased, and the accused was eventually convicted.
• Action identification refers to the identification of human acts that are directly related to the crime. Individualisation touches on the question of whether the disputed handwriting – in a case of forgery, for instance – is the work of a particular person. Joubert (2001:53) reveals that the establishment of the cause of death is important, in order to determine whether the death of the victim can be attributed to an act or the conduct of the perpetrator, or not. She further cites the facts in
  the case of S v Mokegethi 1990(1) SA 32 (A). The bank teller was shot by the bank robber, but he (bank teller) did not die. A few months later the bank teller died of septicaemia and the post-mortem report revealed that his death resulted from the shooting which had taken place a few months earlier. The court of law ruled that the bank robber was liable for the death in question.
• Culprit identification is concerned with the positive identification of the offender as a person, rather than the identification of his unlawful conduct. Marais (1992:04) reveals that the collection of information and facts, in order to determine the identity of the offender and his part in the crime, remains the crux of any crime investigation. He continues to indicate that the crime investigator can use various identification techniques, such as personal descriptions, voice identification, identification parades, photo identification, modus operandi, etc, for suspect identification.
• Cumulative identification is where contributions of different specialists are collectively considered within the framework of the history and relevant circumstances of the crime situation as a whole.

CHAPTER ONE: GENERAL ORIENTATION
1.1 INTRODUCTION
1.2 AIM OF THE RESEARCH
1.3 PURPOSE OF THE RESEARCH
1.4 RESEARCH QUESTIONS UNDER INVESTIGATION
1.5 DEFINITION OF KEY CONCEPTS
1.5.1 Post-mortem examination
1.5.2 Murder
1.5.3 Crime investigation
1.5.4 Information
1.5.5 Evidence
1.5.6 Muti murder
1.5.7 Post-mortem report
1.6 RESEARCH DESIGN AND APPROACH
1.7 TARGET POPULATION
1.8 SAMPLING
1.9 DATA COLLECTION
1.9.1 Literature
1.9.2 Interviews
1.9.3 Case docket analysis
1.9.4 Experience
1.10 DATA ANALYSIS
1.11 METHODS TAKEN TO ENSURE VALIDITY
1.11.1 Validity of data generation methods
1.11.2 Validity of interpretation
1.12 METHODS USED TO ENSURE RELIABILITY
1.13 ETHICAL CONSIDERATIONS
1.14 CHAPTER LAYOUT
CHAPTER TWO: UNDERSTANDING THE POST-MORTEM REPORT
2.1 INTRODUCTION
2.2 FORENSIC INVESTIGATION
2.3 CRIME INVESTIGATION
2.4 THE DIFFERENCE BETWEEN FORENSIC INVESTIGATION AND CRIME INVESTIGATION
2.5 OBJECTIVES OF FORENSIC/CRIME INVESTIGATION
2.6 INVESTIGATION OF UNNATURAL DEATH
2.7 THE NEED FOR CONDUCTING AN INQUEST
2.8 POST-MORTEM
2.9 POST-MORTEM REPORT
2.10 THE MANDATED PERSON TO CONDUCT A POST-MORTEM
2.11 THE REASON FOR COMPILING POST-MORTEM REPORTS
2.12 STANDARD PROCEDURES IN DEALING WITH POST-MORTEMS
2.13 THE ROLE OF A POLICE INVESTIGATOR IN POST-MORTEMEXAMINATION
2.14 THE ROLE OF THE FORENSIC MEDICAL PRACTITIONERIN POST-MORTEM INVESTIGATION
2.15 THE USE OF THE POST-MORTEM REPORT BY THEPROSECUTOR
2.16 SUMMARY
CHAPTER THREE: POST-MORTEM REPORT AS SOURCE OF INFORMATION
3.1 INTRODUCTION
3.2 MURDER
3.3 IDENTIFICATION
3.4 INDIVIDUALISATION OF CRIME
3.5 CATEGORIES OF IDENTIFICATION
3.6 VICTIM IDENTIFICATION
3.7 THE RESPONSIBILITY FOR COLLECTION, PACKAGING AND SENDING OF EXHIBITS FOR ANALYSIS
3.8 CHAIN OF EVIDENCE
3.9 INDICATION OF THE AGE, SEX AND RACE OF THE VICTIM IN THE POST-MORTEM REPORT
3.10 INDICATION OF THE IDENTITY OF THE DECEASED PERSON IN THE POST-MORTEM REPORT
3.11 INDICATION OF THE MANNER OF DEATH IN THE POSTMORTEM REPORT
3.12 INFORMATION IN THE POST-MORTEM REPORT TO BE USED DURING THE INVESTIGATION
3.12.1 Information in the post-mortem report to be used for the identification of crime
3.12.1.1 Cause of death
3.12.1.2 Type of wounds
3.12.2 Information in the post-mortem report to be used for tracing the suspects .
3.12.3 Information in the post-mortem report to be used for individualisation of crime
3.12.3.1 Hair
3.12.3.2 Blood
3.12.3.3 Semen
3.12.3.4 Primer residue
3.12.3.5 Poison
3.13 SUMMARY
CHAPTER FOUR: FINDINGS AND RECOMMENDATIONS
4.1 INTRODUCTION
4.2 FINDINGS
4.2.1 Findings on research question one
4.2.2 Findings on research question two
4.3 SECONDARY FINDINGS
4.3.1 Forensic investigation
4.3.2 Crime investigation
4.3.3 The difference between forensic investigation and crime investigation
4.3.4 Objectives of forensic/crime investigation
4.3.5 Investigation of unnatural death
4.3.6 The necessity for conducting an inquest
4.3.7 Murder
4.3.8 Identification
4.3.9 Individualisation of crime
4.3.10 Categories of identification
4.3.11 The responsibility for collecting, packaging and sending of exhibits
4.3.12 Chain of evidence
4.4 RECOMMENDATIONS
4.5 CONCLUSION
LIST OF REFERENCES
ANNEXURE A: INTERVIEW SCHEDULE
ANNEXURE B: RECOMMENDATION FROM SAPS
ANNEXURE C: PERMISSION FROM SAPS
ANNEXURE D: PERMISSION FROM HEALTH DEPARTMENT

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