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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 - Courts
Michael Turner has eighteen years' experience as an expert witness on
computer data used as evidence in a very wide range of cases in:
- Civil courts (for Claimant and Defendant and as Single Joint Expert)
- Criminal courts (White-collar and general crime, for Prosecution and
Defence)
- 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
in court include:
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R v Paul Stubbs Isleworth Crown Court, T20047422
July 2005
R
v Paul Stubbs Court of Appeal (Criminal Division) 12 October 2006
[2006] EWCA Crim 2312 Case No: 2005/04469/C1.
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Conspiracy to defraud. £12M Online banking fraud. Password
resetting. Expert evidence. For the convicted Defendant.
Appeal rejected. Held that the independence of an expert witness
goes to weight not admissibility
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| 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 |
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Mr
G S Virdi v Commissioner of Police of the Metropolis
London North Employment Tribunal 2202774/98 (Computers and
Law, February 2001)
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Employment. Racial Discrimination - racist documents. For the successful
Applicant
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R v Nicol and Moore Bristol Crown Court, T19990561
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Abuse of Process. Mishandling of computer evidence (Theft of insurance
database). For the acquitted Defendant
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R
v Patel Aylesbury Crown Court (Computers and Law,
May 1994)
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Computer Misuse. Unauthorised Modification - "wrecking programs".
For the acquitted Defendant
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IBCOS Computers v Barclays Mercantile Highland Finance
([1994] FSR 275)
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Software Copyright infringement - literal copying. For the successful
Claimant
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Comments on Expert Evidence of Michael J L Turner
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"undoubtedly an expert in computers and software"
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Caulfield J, Kt in Richards Longstaff and Partners
Limited v Lombard North Central plc
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"eminently qualified"
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HHJ Slack in R v Patel
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"knowledgeable and fair"
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HHJ Jacob QC in IBCOS Computers Limited v Barclays
Mercantile Highland Finance Limited
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"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"
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HHJ Thornton QC in Open Systems Design v The
British Millerain Co Limited
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"well qualified"
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HHJ Darwell-Smith in R v Nicol and Moore
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"The timing of the file system activity is important,
and we have carefully examined the evidence presented"
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HHJ David Pearl in Andrew Charles Mogford v
Secretary of State for Education and Skills
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| "an acknowledged computer expert" |
Lord Justice Richards in R
v Paul Stubbs Court of Appeal (Criminal Division) 12 October 2006
[2006] EWCA Crim 2312
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Case Experience
Michael Turner has extensive experience as an expert witness on the reliability
of computer data used as evidence in a very wide range of cases including:
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Blackmail
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Confidential data recovered from hard disk of recycled PC
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Breach of contract
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Sale of business, Property lease
Supply of computer systems (Compliance with contract specification)
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Computer Misuse Act 1990 Ss 1, 2, 3
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Time locks, Logic-bombs, and Hacking |
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Confidential information
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Customer and Contact data, Databases, Designs, Drawings, Specifications
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| Divorce |
Recovery of over 50 versions of a deleted document.
Fabrication of financial statements |
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Drugs
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Distribution (Telephone call records)
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Employment
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Internet abuse, Inappropriate Use, Racial Discrimination, Disability
Discrimination, Racist documents
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False Accounting
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Retail commission
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Fraud
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Online Banking (Theft of £12,000,000), Banking, Credit Card (Identity
theft)
Domain Slamming (Whois? database Data Mining, Spam, Domain name
registrations, renewals and transfers)
Investment, Insurance and Mortgage frauds
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Indecent Images of Children
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Possession of and Making indecent photographs of children
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Internet libel
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Web site and E-mail defamation
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Intimidation of witnesses
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Falsifying Witness Statements
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Money Laundering
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Internet Banking
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Murder and Manslaughter
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Serial killer, Contract Killing, Road Traffic Accident
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Negligence
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Legal advice
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Perverting the course of justice
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Editing, Amending, Fabricating documents in evidence
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Police computer systems
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Telephone call records (SPOC); security and system event logs
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| Sexual Grooming |
Online chat with minors |
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Sexual Harassment
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Stalking (Indecent letters)
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| Software Copyright infringement |
Literal copying of software specifications, design documents
and program source code |
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Terrorism Act 2000 Ss38, 57, 58
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Failing to disclose information about terrorism.
Possessing documents likely to be of use to a person engaged in
instigating, preparing or committing an act of terrorism
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Applications Experience
Michael Turner has thirty-five years' experience of software applications
in a range of sectors, including:
| Accountants |
Fabrics |
PC maintenance |
| Agricultural equipment |
Film industry |
Police force |
| Civil Aviation |
Financial Services |
Post Office |
| Armed Forces |
Golf clubs |
Printing |
| Banking (Internet) |
Government |
Property |
| Banking (Investment) |
Home PC use |
Publishing |
| Banking (Online) |
Hotel |
Queue management |
| Brewing |
Insurance |
Recruitment |
| Business information |
Internet |
Retail |
| Chemicals |
Local Government |
Schools |
| Computer manufacturer |
Medical Repatriation |
Software development |
| Computer systems supply |
Motor racing |
Software publishing |
| Construction |
Motor trade |
Solicitors |
| Derivatives trading |
Number plate recognition (ANPR) |
Telecommunications |
| Estimating |
Parcel courier |
Travel |
Qualifications
Mr M J L Turner is:
- a Master of Arts (University of Cambridge - Economics)
- a Chartered IT Professional of the British Computer
Society (BCS)
- a Chartered Fellow of the British Computer Society
- a Registered Expert Witness of the British Computer Society
- a Practising Expert of The Academy of Experts
- a Fellow of The Expert Witness Institute
- a Registered
Forensic Practitioner in the speciality of Computer Examination:
Data Examination
- listed as a checked expert witness by The Expert Witness Directory
- listed as an expert witness by UK Register of Expert Witnesses
Current Professional Interests
- Authenticity, Accuracy and Authorship of questioned documents and
e-mails
- Forensic procedures for handling, preserving, copying and investigating
computer evidence
- Reliability of documents, records, audit trails, logs from computers
and networks
- Validity of novel computer forensic techniques and computer forensics
State of the Art
- Integrity of database records in Police National Computer (PNC), National
DNA Database (NDNAD), DVLA, ANPR
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