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Computer Evidence

Michael J L Turner MA FBCS CITP MAE FEWI

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Independent expert evidence helps the court to assess whether data from a computer system used as evidence is:

  • original, authentic, accurate and or complete
  • corroborated by other computer evidence
  • correctly interpreted and
  • reliable as evidence

Experience in Court

Michael Turner has twenty-five years' experience as an expert witness (for both Prosecution and Defence) on computer data used as evidence in criminal cases heard in the Crown Courts at:

Aylesbury Chichester Nottingham
Basildon Croydon Peterborough
Birmingham Exeter Plymouth
Blackfriars Inner London Sheffield
Bristol Isleworth Snaresbrook
Caernarfon Kingston-upon-Thames Southwark
Cambridge Leeds Swansea
Cardiff Lincoln Winchester
Central Criminal Court Liverpool Woolwich
Chelmsford Merthyr Tydfil Worcester
Chester Newcastle upon Tyne York

He also has experience of :

  • Civil courts (for Claimant and Defendant and as Single Joint Expert)
  • Employment Tribunals (for Applicant and Respondent)
  • Care Standards Tribunal (Appeal against List 99 blacklisting)
  • Family Court (Review of computer evidence from previous criminal case)
  • Court Martial

Significant cases

Significant cases where Mr Michael J L Turner has given expert evidence include:

R v G Plymouth Youth Court 20 July 2016 DDoS attacks against Devon and Cornwall Police, Sea World and other animal rights target websites; Twitter bomb hoaxes to American Airlines and Delta Air Lines. Computer Misuse Act Section 3. Expert evidence for the convicted Defendant. Agreed Joint Experts Report.
E and F Patents. Extensive Historic Web searches for availability of documents. Strategy, Search terms, Search engine indexes, Cache, Mirror and Archive sites including Wayback Machine
Amira G Foods Ltd v RS Foods Ltd Contract. Integrity of the contents of versions of a document. Interpretation of Excel spreadsheet metadata, datestamps.

AFD Software Ltd v DCML Ltd [2015] EWHC 453 (Ch) 2 March 2015

Software licensing. Software copyright. What is a copy? When, how and how often are they made?
C and D Software Copyright. Expert Adviser to potential Claimant in software copyright infringement dispute. Pre-action Source code comparison
Royal Brompton & Harefield NHS Trust v S Contempt of court - Breach of Injunction. Harassment. Fake job applications to NHSJobs. Fake LinkedIn profiles; Defamatory material in emails and Wordpress Blogs
R v Paul Toland Belfast Crown Court 11 December 2014. Murder. ANPR sighting records
R v Andrey Ryjenko Central Criminal Court (for trial) Corruption. International banking. Emails - Absence of evidence. Integrity of evidence from multiple sources and jurisdictions. Historic development of Best Practice in computer forensics
R v John Ward St Albans Crown Court 17 October 2014. Murder. ANPR sighting records
R v Paul Ambrose Basildon Crown Court 7 January 2014 T20130405 Fraud. ANPR images and sighting records. Absence of evidence. S78 PACE Exclusion of Unfair evidence. Prosecution offer no evidence. Defendant acquitted of all charges. Expert evidence for the Defence
R v Stephen Augustin Southwark Crown Court 8 November 2013 T2013-0430 Possession of Class A Drugs with intent to supply. ANPR images and sighting records (Met Police and TFL Congestion Charge Zone). For the acquitted Defendant.
R v Ozkan Duyan Sheffield Crown Court 27 March 2013 Conspiracy to Import Class A Drugs (100kg of ecstasy). ANPR images and sighting records; Facebook messages, Gmail emails. For the convicted Defendant
R v Norman Idris Faridi Central Criminal Court 14 March 2013 T20120210 Possession of documents (Terrorism Act 2000, Section 58). Reliability of recovered deleted files. Truecrypt encryption. Corruption of evidence. Convicted on one of three charge files. For the Defendant.
Post Office Ltd v Kym Wyllie Newcastle Crown Court Theft relating to cash shortfalls on Post Office Horizon. Preliminary Review and Disclosure Requests. Prosecution discontinued. For the Defendant.
A and B Expert Adviser to potential Claimant in software copyright infringement dispute. Source code examination. Dispute settled.
Phaestos Limited and Mindimaxnox LLP v Peter Ho; IKOS CIF Limited, Phaestos Limited and Mindimaxnox LLP v Tobin Maxwell 'Sam' Gover [2012] EWHC 2756 (QB) 16/10/2012 Software copyright infringement. Bespoke Hedge Fund applications. For the Claimants.
R v Anton Benjamin Vickerman Newcastle Crown Court 27 June 2012 T20097188

Conspiracy to defraud the film industry, enabling access to copyright material. Private prosecution by FACT (Federation Against Copyright Theft) of the operators of linking website surfthechannel.com. For the convicted Defendant.

R v Kernjit Gill Dhillon Southwark Crown Court 19 June 2012 T20117046 £39m VAT fraud from trading EU carbon credits using Yahoo Messenger. Instant message chat logs. For the acquitted Defendant.
Caldervale Technology Ltd v Advanced Technical Systems Ltd Chancery Division

Software copyright. Literal similarities. Source code comparison. Single Joint Expert.

R v Yasmin Zinga Snaresbrook Crown Court July 2011 Conspiracy to defraud (£144m). Using Decryption to access subscription cable television channels. Private Prosecution (Virgin Media Ltd) of supplier of Eurovox set top boxes. For the acquitted Defendant.
R v Julia Richards Winchester Crown Court April 2011

Theft and Fraud relating to cash shortfall from Post Office Horizon system.

R v Bilal Zaheer Ahmad Nottingham Crown Court 13 May 2011 Soliciting to murder Members of Parliament. Posts on Revolution Muslim blog following attempted murder of Stephen Timms MP.
HM Advocate v Sheridan and Sheridan High Court Glasgow 23 December 2010

Perjury (Thomas Sheridan v News Group Newspapers Ltd 2006). Prejudicial pre trial publicity on the internet. Web searches for availability of documents. Strategy, Search terms, Search engine indexes, Cache, Mirror and Archive sites

Koger Inc and Koger (Dublin) Limited v James O’Donnell, Roger Woolman, David Gross, HWM Financial Solutions Limited [2010] IEHC 350 8 October 2010

Software copyright. Fund Managment application. Software comparison of source code and database design.

R v Mohammed Usman Saddique Inner London Crown Court 1 February 2010

Acts Preparatory to Terrorism (2006 Transatlantic aircraft plot). No Case to answer, case dismissed.

R v Renu Subramaniam Blackfriars Crown Court 14 January 2010 Conspiracy to defraud, furnishing false information. Darkmarket (FBI sting operation). For the convicted Defendant.
R v Nabeel Hussain Woolwich Crown Court 9 December 2009 Acts Preparatory to Terrorism (2006 transatlantic aircraft plot). For the convicted Defendant.
R v Donald Stewart Whyte Woolwich Crown Court 7 September 2009 Conspiracy to cause explosions on aircraft and conspiracy to murder (2006 transatlantic aircraft plot). For the acquitted Defendant.
R v Abrar Mirza Croydon Crown Court 15 May 2009 Conspiracy to recklessly damage property and endanger life (firebombing the London home of a publisher). For the convicted Defendant.
R v Waris Ali Leeds Crown Court 22 October 2008 Possession of The Anarchist Cookbook by teenager for a purpose connected with the commission, preparation or instigation of an act of terrorism. For the acquitted Defendant.
R v Mohammed Shakil and Others Kingston Crown Court (ReTrial) 28 April 2009 Conspiracy to attend terrorism training: Defendant convicted
R v Mohammed Shakil and Others Kingston Crown Court 1 August 2008 Conspiring to cause an explosion (July 7 plot London target reconnaissance mission). For the acquitted Defendant

R v Sabeel Ahmed Central Criminal Court 11 April 2008

Failing to disclose information about terrorism s38 (brother of Kafeel Ahmed Glasgow Airport attack suspect). For the convicted Defendant.

R v Mohammed Al-Figari Woolwich Crown Court 26 February 2008

Attending terrorist training camps, Possessing a record containing information likely to be useful to a terrorist (Terror camp plot). For the convicted Defendant.

R v Wahbi Mohammed Kingston Crown Court 4 February 2008.

Failing to disclose information about terrorism, assisting an offender, prior knowledge of July 21 terrorism plot. For the convicted Defendant.

Richard Paul Knowlden v Simin Nafis Tehrani and Ors [2008] EWHC 54 (Ch) Chancery Division 23 January 2008

Forged documents - Property fraud. Forgery of a large number of key financial documents. For the successful Claimant.

Gurpal Virdi v Associated Newspapers Limited Queens Bench Division August 2007

Libel. Article published in the Daily Mail (see Mr G S Virdi v Commissioner of Police of the Metropolis). For the successful Claimant.

R v Iqbal and Others Central Criminal Court 24 July 2007 and Zafar & Ors v R [2008] EWCA Crim 184 Court of Appeal (Criminal Division) 13 February 2008

Possession of Islamic literature by Bradford University students. Defendant convicted. No direct proof found that extremist material was intended to be used to plan terrorist acts. Appeal allowed, conviction quashed.

R v Q : Inner London Crown Court 22 January 2007. Re-trial Inner London Crown Court 6 June 2007

Systems administrator alleged to have deleted data on employer's system in revenge attack; losses estimated in hundreds of thousands. Computer Misuse Act 1990 S3. Trial collapsed after four days. At re-trial, Prosecution offer no evidence. Defendant acquitted of all charges. Expert evidence for the Defence in both trials.

Angus Sinclair v H M Advocate Appeal Court High Court of Justiciary Edinburgh [2007] HCJAC 27 Appeal No: XC903/06

Murder, Rape (the World's End murders). Prejudicial pre trial publicity on the internet. Web searches for availability of documents. Strategy, Search terms, Search engine indexes, Cache, Mirror and Archive sites

Point Solutions Limited v Focus Business Solutions Limited [2005] EWHC 3096 (Ch) Chancery Division. Point Solutions Limited v Focus Business Solutions Limited [2007] EWCA Civ 14 Court of Appeal (Civil Division)

Software Copyright infringement. Single Joint Expert

R v Paul Stubbs Isleworth Crown Court, T20047422 July 2005 and R v Paul Stubbs Court of Appeal (Criminal Division) 12 October 2006 [2006] EWCA Crim 2312. Case No: 2005/04469/C1

Conspiracy to defraud. £12M Online banking fraud. Password resetting. Expert evidence. For the convicted Defendant. Appeal rejected. Independence of an expert witness goes to weight not admissibility

Andrew Charles Mogford v Secretary of State for Education and Skills Care Standards Tribunal 2002. 11. PC Indecent Images of Children. Appeal against List 99 blacklisting of teacher after appeal against conviction allowed by the Crown Court. For the successful Respondent

Mr G S Virdi v Commissioner of Police of the Metropolis London North Employment Tribunal 2202774/98 (Computers and Law, Feb 2001)

Employment. Racial Discrimination - racist documents. For the successful Applicant

R v Nicol and Moore Bristol Crown Court, T19990561

Abuse of Process. Mishandling of computer evidence (Theft of insurance database). For the acquitted Defendant

R v Patel Aylesbury Crown Court (Computers and Law, May 1994)

Computer Misuse. Unauthorised Modification. For the acquitted Defendant

IBCOS Computers v Barclays Mercantile Highland Finance ([1994] FSR 275)

Software Copyright infringement - literal copying. For the successful Claimant

 

Comments on Expert Evidence of Michael J L Turner

"undoubtedly an expert in computers and software"

Caulfield J, Kt in Richards Longstaff and Partners Limited v Lombard North Central plc

"eminently qualified"

HHJ Slack in R v Patel

"knowledgeable and fair"

HHJ Jacob QC in IBCOS Computers Limited v Barclays Mercantile Highland Finance Limited

"his written reports were models of clarity, brevity and balance and his oral evidence was always balanced and authoritative. I was able to rely on that evidence extensively"

HHJ Thornton QC in Open Systems Design v The British Millerain Co Limited

"well qualified"

HHJ Darwell-Smith in R v Nicol and Moore

"The timing of the file system activity is important, and we have carefully examined the evidence presented"

HHJ David Pearl in Andrew Charles Mogford v Secretary of State for Education and Skills

"an acknowledged computer expert"

Lord Justice Richards in R v Paul Stubbs Court of Appeal (Criminal Division) 12 October 2006 [2006] EWCA Crim 2312

 

 

 

Michael Turner

The Academy of Experts: Michael J L Turner

Expert Witness Institute: Michael J L Turner

UK Register of Expert Witnesses

 


   
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