The role of the forensic
pathologist in suspicious
death investigation
Nathaniel Cary
Forensic Pathology Services
The past
Sir Bernard Spilsbury
‘Honorary’ Pathologist
to the Home Office
Very strong on opinion
Very light on experience
It happened like that
because I say so
The past
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Very limited photography
Forensic Biology as a speciality did not exist
Blood grouping but no DNA
The Forensic pathologist was the ‘Jack of all
trades’
Opinion was even less evidence based than it is
today
Important principles
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The Forensic Pathologist (FP) is likely to have more
experience of suspicious death investigation than
anyone else present and this should be acknowledged
The FP should be a major player in the formulation of
a forensic strategy
The FP is likely to play a major role in the collection of
trace evidence from a body
The FP should remain the conductor of the forensic
orchestra and not become relegated to the position of
“second fiddle”.
The role of the FP in case
management
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When properly used an FP can assist the Police
force with budgetary management
Still suspicious?
 What forensic submissions?
 What other experts should be used?
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Scene examination
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Attendance or not?
Consultation may be invaluable
Forensic strategy
A combination of scene video /photography
and the taking of initial trace evidence by SOCO’s
may suffice
The post mortem examination
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Others can photograph and collect trace
evidence but no-one else is allowed to dissect
the body and interpret the findings
The investigation of any possible involvement
of natural disease makes a solid grounding in
histopathology essential
Reports
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A preliminary report is a good way of ensuring
that there are no misunderstandings early on.
Apart from the obvious evidence of fact, both
external and internal, the final report should
contain detailed conclusions which should
amongst other things address matters raised in
the briefing before the post mortem
examination as well as incorporating the results
of further tests
Use of other experts
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FP’s often have good links with clinicians who
may be able to help in particular cases
In a suspicious death the FP should generally be
seen as the lead clinician
It is entirely appropriate for an FP to take an
overview of a number of other expert opinions
in a case.
The FP in Court
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An adversarial approach to forensic pathological
evidence is often inappropriate
The forensic evidence in general would be much better
dealt with on an inquisitorial basis. Such an approach
could still be “pasted into” an adversarial trial
The tight regulation of Home Office FP’s contrasts
with the complete lack of proper regulation of socalled pathology experts called by the Defence
All experts appearing in the CJ system should be
subject to an equality of regulation comparable to the
equality of arms principle.
The future