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Forensic Evidence Case Study ISACA Malta Chapter 25th October 2012 Martin Bajada FIAP., LL.B. Dip. Not. Pub. The role of the forensic expert under Maltese Law Definition of electronic crime and case law The role of the forensic expert under Maltese Law 1 Appointment of experts 2 Jurisdiction and Courts 3 Roles of the Criminal Courts 4 Level of proof Appointment of experts Civil Courts Criminal Courts On the request of the plaintiff or the defendant By the Court itself or on the request of the prosecution or defence Perizja Perizja Perizjuri Ex-parte experts permitted Forensic Expert Jurisdiction and Courts Malta Gozo Courts of Magistrates Criminal andMalta Civil Jurisdiction Criminal Court Civil Courts Appeal Courts Constitutional Court Roles of the Criminal Courts Inquest Criminal Inquiry Criminal Judicature Trial By Jury Guri INKJESTA Kumpilazzjoni Repertus In Genere Gudikatura Kriminali Verdict (by jurors) Sentence (by Judge) Court of Magistrates Criminal Court Level of Proof Civil Courts Criminal Courts Within the balance of probability Beyond any reasonable doubt Prosecution Jurors Defence Moral Conviction Level of Proof - expert Civil Courts Criminal Courts Within the balance of probability Beyond any reasonable doubt In dubio pro reo Defendant benefits from doubt Definition of electronic crime and case law 1 Locard’s theory on trace evidence 2 Definitions and categories of computer crime 3 Legislation 4 Case Study Professor Edmond Locard “Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more, bear mute witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study and understand it, can diminish its value." Locard's theory can work just as well for the defence as it can for the prosecution.... Computer Crime In 2001 Prof Peter N. Grabosky of the Australian Institute of Criminology defined Cyber Crime as being Old Wine in New Bottles In 2008 Rohas Nagpal defined computer crime as Unlawful acts wherein the computer is either a tool or target or both Categories of electronic crime Computer related crimes Computer Content related offences Fraud, forgery misappropriation IPR, pornography, communication Computer integrity offences Authorization rights, unauthorized access, modification and interception, unlawful devices, unsolicited communications Small Scale Digital Devices Circumstantial evidence Maltese Legislation Criminal Code – Chapter 9 Medical and Kindred Professions Ordinance – Chapter 31 Computer Misuse Article 337C et seq Dangerous Drugs Ordinance – Chapter 101 Other Laws Other electronic related Laws Other Computer related Legislation • • • • • • • • • • • CAP 373 – Prevention of Money Laundering Act CAP 399 – Electronic Communications (regulations) Act CAP 400 – Gaming Act CAP 414 – Intellectual Property Rights Act CAP 415 – Copyright Act CAP 416 – Trademarks Act CAP 438 – Lotteries and Other Games Act CAP 440 – Data Protection Act CAP 453 – International Criminal Court Act CAP 481 – Domestic Violence Act CAP 488 – Enforcement of Intellectual Property Rights Act Case Study Questioned Documents Homicide Drug Trafficking Fraud Theft Money Laundering Questioned Documents Electronic Storage of Questioned Documents Easy of reproduction Scanning Possibilities Source of reproduced signatures Homicide and Drug Trafficking Mobile Phone CCTV Footage Computers Other Electronic Media Fraud and Theft Fraud Questioned Documents Computers Theft CCTV Footage Mobiles Money Laundering All previous forms of evidence Case Study [Inquest / Inkjesta] Event or incident Serious Crime Police Report to the Duty Magistrate Preservation of the Incident Scene Appointment of Experts Case Study (Nomination of Experts) Inspector (Liaison Officer) Scene of the Crime Officers (SOCO) Legal / Technical Expert Medico Legale / Toxicology Pathologists Collision Expert Mechanical Expert Technology Expert Case Study (Roles of experts) Inspector (Liaison Officer) On Instructions of Duty Magistrate Scene of the Crime Officers (SOCO) Finger Shoe Prints – Photography Legal / Technical Expert Hears witness evidence Medico Legale / Toxicology Establishes injuries and causes Pathologists Establishes cause of death Collision Expert Dynamics of incident Mechanical Expert Establishes conditions of object Technology Expert Contents of electronic devices and media Case Study (Drug Trafficking) Republic of Malta -vs- Robert Gregory Eyre Drug Trafficking – August 2003 CASE FACTS Examination of mobile phone contents Case Law - Drug related crime Sony CMD-Z5 Nokia 3310 Case Law - Drug related crime Case Law - Drug related crime Susan Molyneaux Robert Gregory Eyre Case Law - Drug related crime Susan Molyneaux Case Law - Drug related crime Case Law - Drug related crime Case Law - Drug related crime Case Law - Question Document Court of Magistrates (Malta) Mag. Dr. Consuelo Scerri Herrera Mercury Investment Ltd vs Margaret Rose Falzon CASE FACTS Questioned Signatures on Agreement Case Study - The Document Questioned Signatures Specimen Signatures Traits (Controlled Sample) Traits (Controlled Sample) Conclusions Case Law - Other Crime - CCTV Inquest – 28th April 2010 Hit and Run Incident Attard CASE FACTS CCTV footage analysis Case Law - Other Crime - CCTV Case Law - Other Crime - CCTV Case Law - Other Crime - CCTV Case Law - Other Crime - CCTV Case Law - Other Crime - CCTV Small Scale Digital Devices The most investigated Small Scale Digital Device is the Mobile Phone The reasons being Small Scale Digital Devices IMEI 14 digit International Manufacture Equipment Identification IMSI International Mobile Subscriber Identity MSISDN Mobile Subscriber Integrated Services Digital Network Number This information is transmitted to the service provider with every call and/or within a specific time frame Small Scale Digital Devices IMEI ICC MSISDN Service Provider Subscriber A A Service Provider Subscriber B B Date /Time Duration Location Date /Time Duration Location IMEI ICC MSISDN