Please contact experts@forensisgroup.com. Plaintiff’s handwriting consultant was trained to testify as an expert in handwriting analysis and was qualified as an expert in the case. Section 7(2) of the Electronic Communications Act defines an electronic signature and states that, “For the purposes of this section an electronic signature is so much of anything in electronic form as; (a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and (b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.”. (2) Where a rule of evidence requires a signature, or provides for certain consequences if a document is not signed; an electronic signature satisfies that rule of law or avoids those consequences. She specifically focused on the formation of the capital letter “T,” the middle initial in the decedent’s signature; the formation and placement of the capital “C” in his last name; the formation and place of the last three letters in his first name; letter idiosyncrasies; letter proportions; letter slant; and pressure patterns. Click here to view the adverts:…, Conflicting evidence of handwriting experts, Three new Bills to curb gender-based violence, A look at the effective cause requirement with estate agent commission, Calculating the levying of municipal property rates. The section permits an electronic signature to be proved in any manner including by showing that a procedure existed by which it was necessary for a person, in order to proceed further with a transaction must have executed a symbol or security procedure for the purpose of verifying that an electronic record is that of the person. 2.2 In criminal cases, and in particular trials for the offence of forgery, the handwriting of any person is an acceptable means to determine the identity of the maker of the signature or writing on any document. 1.6 The fifth method is by the finding of the trial Judge sitting in open court after a comparison of handwritings. When starting the search for an expert, the choice is in the correct title of the person who needs to be consulted, namely a forensic document examiner. Do indigenous communities have a customary law right to access and exploit natural resources in a ‘protected area’? To prove the charges, two more handwriting expert has been appointed to check both the signatures. The Plaintiff (purchaser) sought specific performance of a contract for the sale of land said to have been executed by the Defendant (vendor). An expert who deliberately ignores available evidence and can’t relate his assessment to all the facts of the case is not a functional expert, or useful to any court. The use of electronic signatures in the UK is governed by the Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002. A forensic document examiner, and their specialised skill-set is an extension of the professionalism of the attorney and an invaluable source during preparation for judicial process and proceedings. Information provided is not legal or professional advice. Another attack on attorneys by the estate agency industry? These inconsistencies, along with the expert testimony offered by Plaintiff’s handwriting expert, convinced the Court that the signature on the deed didn’t belong to the decedent. ForensisGroup remains open and committed to providing you with prompt, high-quality and uninterrupted service. He is now on transfer to Lagos. Land Ct. September 12, 2018). That person must be called to state that he was not the author of the disputed writing and failure to call them to deny or confirm their handwriting or signature is fatal to the case of the prosecution. The deed purported to convey property from the decedent to his son, the defendant. The opinions in relation to custo.ms are also admissible according to S. 48 of Indian Evidence Act. “The reproduced evidence of pw3 explained the reason why the maker  was not in court to tender the confessional statement, and the fact  that he identified the handwriting of the maker of the said Exhibit lends credence to its admissibility. This included numerous personal checks signed by the decedent; personal checks signed by Defendant in his father’s name; the decedent’s will and the codicils; powers of attorney signed by the decedent; and various other legal and business correspondence. (1994) NWLR (pt.348) 56. Copyright © 2018 Mills Oakley. After comparing both the signatures, the expert opined that the signature in the delivery slip and the Devesh Mohan are different and have not been made by the (PW-2). Nobody has denied writing or signing Exh.K in this case.”  See also, Queen v Wilcox (1961) ANLR 658, ACB v Ndoma-Egba (2000) NWLR (pt.994) 79. The evidence in general was unsatisfactory given the expert evidence had not been based upon a common set of the defendant’s signatures; Holland basing his conclusion on a sample of signatures over a 15 year period from 1996 to 2011, had identified some 25 unique characteristics to the signatures and concluded the relevant signature in issue was that of the Defendant’s with some high degree of probability; Gana was inconclusive. See also section 83(4) of the Evidence Act. cases relating to forgery) The driver deviated to Gboko where he gave the car and particulars to the 2nd defendant with instruction to sell the car and it was sold to the 4th defendant. The clinic, in turn, had brought in R as a third party. On the opinion of the majority of experts, they find that the signatures on the delivery slip and Devesh Mohan are different. The claimant (but apparently not the defendant) adduced expert evidence. 3.1 The Criminal Code defines the offence of forgery and states that a person who makes a false document or writing knowing it to be false and with intent that it may in any way be used or acted upon as genuine whether in Nigeria or elsewhere to the prejudice of any person or with intent that any person may in the belief that it is genuine be induced to do or refrain from doing any act whether in Nigeria or elsewhere is said to forge the document or writing. Accordingly, accounting for the totality of Charlseworth’s influence and prevalence in the dealing, his unreliability and lies, the Plaintiff failed to establish the defendant had signed the contract for the sale of land. Proof of an electronic signature is admissible under section 93(3) of the Evidence Act. From origins in Melbourne in 1864, Mills Oakley has grown to become a domestic leader in legal services with a client base of ASX-200 listed companies, mid-sized corporations, the public sector and not-for-profit organisations. 6. 7. The court heard testimony from one of the co-authors of the 1989 law review article 13 criticizing the reliability of the anticipated expert testimony, but it permitted the handwriting expert to testify after analogizing the expert's work to the non-scientific work of a harbor pilot who has repeatedly navigated a particular waterway. The defendant was the cash and bank supervisor of the company with responsibility for issuing cheques for payment of bills but there was no direct evidence that the cheques in question were written by him. Opinions of Experts: S.45, Indian Evidence Act, 1872 Principle: 251, 265 n. 43 (1998). The due diligence should include –. 1.2 The first method is by the direct evidence of a witness. C Greenfield ‘Conflicting evidence of handwriting experts’ 2005 (June), Letters ‘Conflicting evidence of handwriting experts’ 2010 (Sept). So to mark this occasion, let's discuss how to authenticate handwriting in court. The court may direct any person in court to write any words or figures to enable the judge to make the comparison. Before a trial judge can invoke the provisions of section 101 of the Act, there must be a dispute over the maker of the document in question. Proper due diligence should be done before the services of a forensic document examiner is employed. The Court credited the testimony of Plaintiff and was supported by the expert opinion testimony of the handwriting analyst that the signature on the deed wasn’t that of the decedent. A forensic document examiner would most probably have completed approximately 900 hours of training on the aspects of handwriting and signature individualisation alone. In the U.S.A the Electronic Signatures in Global and National Commerce Act (the E-Sign Act) 2000 and the Uniform Electronic Transactions Act (UETA) also give legal protection to electronic signatures. In the case of recognition evidence, the weight to be given to it is a matter for the court. The Supreme Court was split (3:2) on whether or not the defendant uttered Exhibit S, the forged letter of authority to open the account. If it was his signature, is the Plaintiff entitled to specific performance. The Defendant contending it was not his signature on the contract. I think although the law permits trial courts to compare writings or signatures in order to discover their authors, this only arises in a case where the writings or signatures are in dispute and therefore in issue. Curt Baggett is the #1 handwriting expert in the USA. The account was operated by them in different assumed names by which they made several deposits and withdrawals. Proof by Handwriting Experts; 2.1 The seventh method is by the opinion of an expert known as a handwriting analyst or document examiner. Mills Oakley is a leading national law firm with offices in Melbourne, Sydney, Brisbane, Canberra and Perth. All rights reserved. 1.4 The third method is by proof that the name, address, and business or occupation of the maker of the document in question is the same as that of the defendant. The opinion of a handwriting expert is not conclusive about the identity of the maker of the disputed writing. But having due regard to the imperfect nature of the science of identification of handwriting the approach as we indicated earlier should be one of caution.”  See also, Magan Bihari Lal v State (1977) AIR (vol. Varshney. Municipal Corporation, Ratlam vs. Shri Vardhichand & ors. The handwriting analyst specifically concentrated on letter slant. Whilst the relevant signature did possess some similarity it could equally be that it was his signature, or the sample signatures were likewise not the defendant’s signature either. Edited by Vartika Gajendra Singheval(ez_write_tag([[728,90],'lawtimesjournal_in-medrectangle-4','ezslot_1',112,'0','0'])); I am Mohita Yadav pursuing BBA. Their skill-set comprises of many disciplines within the forensic document examination field, which includes –. Maintaining independence and objectivity are two critical personal traits of a forensic document examiner. I think failure to call them to deny or confirm their signatures           on the cheques was clearly fatal to the case of the prosecution, the           evidence of the handwriting analyst notwithstanding.”. The Court preferred Holland’s conclusions and methodology but noted it was only one piece of the evidence to take into consideration when determining the matter. Neither were sufficiently persuasive, and the Plaintiff filed to discharge he burden of proof. The contested signature was the entry reviewed by Plaintiff’s handwriting expert. LCR LEXIS 190 (Mass. In some cases there may be no direct evidence of witnesses or the evidence of a handwriting expert but circumstantial evidence may provide proof that a document was forged or uttered by the defendant. The notary public had known Defendant for over 30 years. Section 101 of the Act does not permit a trial judge to examine the documents in chambers but only in open court. At my free time, I like to spent my knowledge as it helps me to memorize and also motivate others. The handwriting expert also examined documents in which the signatories were not known or confirmed, such as the signature on the disputed deed. When looking for a consultant forensic document examiner, an attorney should not just rely on an advertisement in printed media or electronic media. However, Justice Scheier said that Massachusetts has long admitted in evidence handwriting comparisons by a qualified expert. Neither were sufficiently persuasive, and the Plaintiff filed to discharge he burden of proof. We will only look at the first issue in this article. The Court heard evidence from lay witnesses and experts in hand writing. A Study on the Admissibility of expert evidence in Indian Evidence Act 1Sadhana .S,2 K ... science, art, identity, handwriting or finger impressions. He is the only expert in the USA who has examined documents and/or testified in every state of the USA and over a dozen foreign countries. See section 29 of the Evidence Act on confessions and section 126 of the Evidence Act on direct evidence. Depending upon the nature and needs of the case, the following types of experts may be called to court: Medical experts (E.g. The defendant’s boss testified that he was familiar with his signature and it was not on any of the three cheques in question. The section provides: Justice Scheier explained in her opinion that a forged conveyancing instrument is void, and has no effect—even if recorded in regular fashion with the registry of deeds. 4.3 Electronic signatures have also been recognized in several legal systems. Her testimony was aided by enlarged copies of the signatures, used as chalks. When dealing with scientific matters, such as ink spectral analysis, restoration of obscured writing, printed matter identification, paper analysis, alterations and additions, the interpretation of the technical evidence is glaringly objective and the results are clear to the reasonable man. The traditional means of signatures on documents was by manual signatures on paper transactions but with modern e-commerce and technology the use of electronic signatures is now widespread. However, under s.8 of the unhelpfully titled Criminal Procedure Act 1865, the court has a role in comparing handwriting. LLB(Hons.) The defendant was the clinic. At the Supreme Court, Mukhtar JSC said. In relation to the three lay witnesses named above, the Court concluded –, As to the experts, the court made the following observations –. “On the whole therefore I am of the view that the magistrate was wrong when he single-handedly in his chambers, proceeded to examine Exh.K (the pledge) and thereby arrived at the conclusion that the writing and the signatures thereon were all done by one single individual. Where an expert opinion is given the court must see for itself and with the assistance of the expert come to its own conclusion whether it can be safely held that the two writings are by the same person. The expert opinion is not confined to handwriting alone. The handwriting expert’s testimony was compelling, the justice said. Therefore, even if she did not open the account personally she must have aided, counseled or procured someone to utter the forged letter. Where there is a very strong connecting link between the defendant and the document to the extent that the circumstances zero on the commission of the     offence by the defendant, the court is entitled to draw the inference circumstantially that the defendant was the author of the document and    therefore the author of the crime. The opinions in relation to custo.ms are also admissible according to S. 48 of Indian Evidence Act. Neither were sufficiently persuasive, and the Plaintiff filed to discharge he burden of proof. Plaintiff’s handwriting consultant was trained to testify as an expert in handwriting analysis and was qualified as an expert in the case. No wonder he did not say who wrote and or signed it. While such evidence could      be a desideratum in some cases, it is not invariably so. McNeff v. Cerretani,2018 Mass. See Andre Moenssens, Handwriting Identification Evidence in the Post-Daubert World, 66 UMKC L. Rev. Section 72 of the Evidence Act states that, when the court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed, that is was or was not written or signed by that person is admissible. As the party claiming the decedent’s signature on the deed is a forgery, the justice said that the plaintiff carries the burden of rebutting the presumption of a valid acknowledgment of the decedent’s signature on the deed. In Stephen John v The State, (2011) NWLR (pt.1278) 353, the statements of the defendants were tendered by a police officer who stated as follows, “The statement of the first defendant was recorded by Sergeant Attah Idu. Copyright © Lawfields Solicitors & Advocates. An expert is not a tainted witness and should not be treated as unworthy of credibility unless and until the contrary is proved. It is common cause that a forensic document examiner operates in two paradigms, namely objective interpretation and subjective interpretation of technical evidence. As per the report of the Laboratory, both the signatures were further sent to the Handwriting Expert. The original or primary evidence of the document which contains the forged signature or writing must be produced but secondary evidence or a copy of the document may be admissible. Also, where a statement in a document is tendered as documentary hearsay, the statement shall not be deemed to have been made by a person unless the document was signed or made in the handwriting of that person or recognized by him in writing as one for the accuracy of which he is responsible. Varshney (PW-1). All these started from the case, where the appeal has been made challenging the dismissal of the revision petition of the appellant whose conviction done under section 467 and section 468 of the IPC and the sentence of 4year imprisonment imposed on him. Associate Justice Karyn F. Scheier of the Massachusetts Land Court found that the handwriting analysis corroborated the trial testimony and documentary evidence. Sample Question for Current Affairs (Part 1), Willing To Provide Reservation for Transgender Persons under OBC: Karnataka Government, Maneka Gandhi vs Union Of India – Case Summary. The Plaintiff gave evidence herself and otherwise relied upon evidence from lay witness Charlseworth (the plaintiff’s ex-defacto) who had negotiated the sale of land with the Defendant. The choice of a forensic document examiner should be a well-informed and researched decision. The Court otherwise provided some guidance for using experts in hand writing, including significantly that a common set of sample signatures should be used by both experts. A forensic document examiner, and their specialised skill-set is an extension of the professionalism of the attorney and an invaluable source during preparation for judicial process and proceedings. The Plaintiff also called evidence from handwriting expert Holland. It is the duty of the trial Judge to arrive at the ultimate conclusion about the identity of the maker of the disputed writing. The investigation revealed that the appellant has forged the signature on the delivery slip and charge-sheet has been filed against him under IPC section 420, 467,468. He frequently used to visit the house of the Complainant regarding the delivery of letters and envelope so well acquainted with the signature of Devesh Mohan. The Constitutional Court declares Electoral Act unconstitutional, Costs are awarded where there is conduct that amounts to an abuse of process, Employment law update – Retrenchments during business rescue, Employment law update – Employee alleges being dismissed on account of his depression, Recent articles and research – October 2020. In Akinbisade v The State, (2006) NWLR (pt.1007) 184, the defendant was charged and convicted of conspiracy, stealing and uttering a forged document. Experts or so-called experts come in many guises, from handwriting analysts, signature analysts, document analysts, handwriting and signature experts, document experts, graphologists, grapho-analysts, etcetera. As all the human judgment is fallible and an expert may go wrong because of some defect in his observation or some honest mistake for his conclusion.

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