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ISACA Malta Chapter 25 th October 2012 Forensic Evidence Case Study.

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Presentation on theme: "ISACA Malta Chapter 25 th October 2012 Forensic Evidence Case Study."— Presentation transcript:

1 ISACA Malta Chapter 25 th October 2012 Forensic Evidence Case Study

2 Martin Bajada FIAP., LL.B. Dip. Not. Pub. The role of the forensic expert under Maltese Law Definition of electronic crime and case law

3 Appointment of experts Jurisdiction and Courts Roles of the Criminal Courts Level of proof The role of the forensic expert under Maltese Law

4 Perizja Civil Courts Ex-parte experts permitted Criminal Courts Perizja Perizjuri Forensic Expert Appointment of experts By the Court itself or on the request of the prosecution or defence On the request of the plaintiff or the defendant

5 Gozo Malta Jurisdiction and Courts Malta Courts of Magistrates Criminal and Civil Jurisdiction Criminal Court Civil Courts Appeal Courts Constitutional Court

6 INKJESTA Repertus In Genere Kumpilazzjoni Gudikatura Kriminali Guri Verdict (by jurors) Sentence (by Judge) Inquest Criminal Inquiry Criminal Judicature Trial By Jury Court of Magistrates Criminal Court Roles of the Criminal Courts

7 Level of Proof Moral Conviction Prosecution Within the balance of probability Beyond any reasonable doubt Civil Courts Criminal Courts Defence Jurors

8 Level of Proof - expert In dubio pro reo Defendant benefits from doubt Within the balance of probability Beyond any reasonable doubt Civil CourtsCriminal Courts

9 Locard’s theory on trace evidence Definitions and categories of computer crime Legislation Case Study Definition of electronic crime and case law

10 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....

11 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

12 Fraud, forgery misappropriation Authorization rights, unauthorized access, modification and interception, unlawful devices, unsolicited communications IPR, pornography, communication Small Scale Digital Devices Computer integrity offences Computer Content related offences Computer related crimes Categories of electronic crime Circumstantial evidence

13 Dangerous Drugs Ord inance – Chapter 101 Other Laws Criminal Code – Chapter 9 Medical and Kindred P rofessions Ordinance – Chapter 31 Maltese Legislation Computer Misuse Article 337C et seq Other electronic related Laws

14 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

15 Case Study Questioned Documents Homicide Drug Trafficking Fraud Theft Money Laundering

16 Questioned Documents Electronic Storage of Questioned Documents Easy of reproduction Scanning Possibilities Source of reproduced signatures

17 Homicide and Drug Trafficking Mobile Phone CCTV Footage Computers Other Electronic Media

18 Fraud and Theft Questioned Documents Computers CCTV Footage Mobiles Fraud Theft

19 Money Laundering All previous forms of evidence

20 Case Study [Inquest / Inkjesta] Event or incident Serious Crime Police Report to the Duty Magistrate Preservation of the Incident Scene Appointment of Experts

21 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

22 Case Study (Roles of experts) Inspector (Liaison Officer) Scene of the Crime Officers (SOCO) Legal / Technical Expert Medico Legale / Toxicology Pathologists Collision Expert Mechanical Expert Technology Expert On Instructions of Duty Magistrate Finger Shoe Prints – Photography Hears witness evidence Establishes injuries and causes Establishes cause of death Dynamics of incident Establishes conditions of object Contents of electronic devices and media

23 Case Study (Drug Trafficking) Republic of Malta -vs- Robert Gregory Eyre Drug Trafficking – August 2003 CASE FACTS Examination of mobile phone contents

24 Case Law - Drug related crime Sony CMD-Z5 Nokia 3310

25 Case Law - Drug related crime

26 Susan Molyneaux Robert Gregory Eyre

27 Case Law - Drug related crime Susan Molyneaux

28 Case Law - Drug related crime

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31 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

32 Case Study - The Document

33 Questioned Signatures

34 Specimen Signatures

35 Traits (Controlled Sample)

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37 Conclusions

38 Case Law - Other Crime - CCTV Inquest – 28 th April 2010 Hit and Run Incident Attard CASE FACTS CCTV footage analysis

39 Case Law - Other Crime - CCTV

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44 Small Scale Digital Devices The most investigated Small Scale Digital Device is the Mobile Phone The reasons being

45 14 digit International Manufacture Equipment Identification IMEI International Mobile Subscriber Identity IMSI Mobile Subscriber Integrated Services Digital Network Number MSISDN This information is transmitted to the service provider with every call and/or within a specific time frame Small Scale Digital Devices

46 Subscriber B Subscriber A IMEI Date /Time Duration Location MSISDNICC Service Provider A IMEIMSISDNICC Date /Time Duration Location Small Scale Digital Devices Service Provider B

47


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