Document-Making Analysis as Expert Evidence
| DOI | 10.1177/0032258X9707000211 |
| Author | L.R.C. Haward |
| Published date | 01 April 1997 |
| Date | 01 April 1997 |
| Subject Matter | Article |
L.R.C. HAWARD,
Dr.Psy.,
MA,
B.Sc.,
FBPsS,
C.Clin.
Psychol.
EmeritusProfessor of ClinicalPsychology, University of Surrey, UK
DOCUMENT-MAKING ANALYSIS
AS EXPERT EVIDENCE
While the text in documents
or
their authorship is frequently disputed in
court, it is rare
for
the actual writing behaviour to be examined as one
of
thefacts in issue. Because the method
of
analysis has implications
for
other
police investigations, a recentcase requiring psychologicalanalysis
of
the
writing process on which expert evidence
for
the police was based is briefly
reported.
The Relevant Facts
Amiddle-aged woman was admitted to hospital in a comatose condition
and found to be suffering from a drug overdose.
It
was assumed to be a
typical case of attempted suicide. However, during the removal of
the patient's clothing, a note was found which accused the patient's ex-
husband of physically assaulting her and forcing her to swallow a quantity
of tablets under duress.
The note was brought to the attention ofthe local ernin the belief that
if the patient failed to recover, which at the time seemed likely, it might
become a case of murder which the police would want to investigate
without delay. The pathologist's report confirmed that the patient had
swallowed what could have been a fatal dose of dothiepin hydrochloride,
a drug commonly prescribed for depression.
Intensive care eventually enabled the patient to regain consciousness,
at which stage she was interviewed by a police officer and a preliminary
statement taken. This confirmed and expanded the accusation in the note,
allegedly written contemporaneously with the event; after discharge the
complainant gave a long formal statement to the police, repeating an
accusation of attempted murder and giving further details of the alleged
offence.
The Patient's Story
Briefly, the complainant described a fluctuating love-hate relationship in an
unsatisfactory marriage which produced four children but ended in divorce
because of the husband's violent behaviour. Afterwards, his continuing and
unwelcome attentions led to a county court injunction prohibiting him from
making further contact. By allegedly forging the patient's name on the
appropriate document he obtained the court's permission to move from the
bail hostel to the family home as a lodger, threatening the complainant with
further violence if she opposed this action. On the occasion in question,
the patient returned home late at night from an evening of social drinking
with friends and found the accused waiting for her. She said that he then
physically assaulted her, and kept her locked in the front room with him
154 The Police Journal April 1997
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