Once you have the electronic evidence who will provide the expert evidence in Court?

We have already discussed that information can be found on personal or business computers, and mobile devices like iPads, tablets and smart phones. So once the examination of these electronic mediums is completed and the relevant information has been identified; how is this information going to be presented in Court or a formal hearing? Finding a suitably qualified and experienced expert to present electronic evidence in Court is sometimes a challenge because there are numerous people that will give you the assurance that they have requisite skills. But do they?

In my experience as an expert in the field of IT forensic or computer forensics, I come across very knowledgeable and capable IT managers and administrators who can undertake the required data collection but they often won’t entertain giving that evidence in Court. Stopline have recognised experts in this field who will give that expert evidence in Court and have done so for over 15 years.

In a family matter we were engaged in, we were required to examine the date and time stamps of a set of documents and were also required to authenticate the author of the documents. We determined that the created date of the document was after the fact. In other words the document was created after the date of the event in question – this brought up the allegations of fraudulent activity by the person or employees that created the false document. The author of the document was also in question because the meta data of the document identified that the author was in fact another person unrelated to the business or the parties being investigated. From our conclusions the documents were created from a ‘template’ document. The authors of this fraudulently created document failed to appreciate the full electronic “footprint” came into existence and were either not aware of the truthful disclosure provided by meta data or did not know how to remove that information.

What to know more? Contact Andrew McLeish at andrewmcleish@stopline.com.au or at the office on 03 9882 4550 for further details.