Inattention to forensics aiding injustice

Experts feel K-P lacks equipment and manpower to carry out better investigation

PESHAWAR:

The legal requirement ‘prove beyond reasonable doubt’ places the burden on the prosecution to submit evidence required to gain a conviction in criminal cases, however in Khyber Pakhtunkhwa (K-P), often the evidence is substandard due to the absence of modern equipment required in making forensic reports.

As a result not only do convictions become a distant reality but it takes away the hope of getting justice from those wronged. Forensic experts believe that there are two sides to the coin, one being the lack of proper equipment, the other - negligence by those compiling the forensic reports.

“Forensic experts are part of the prosecution team but if they are not supported properly by modern equipment, training, and specialized teams, the defense easily finds a way,” a forensic expert told The Express Tribune.

The expert, who requested anonymity keeping in view the consequences of sharing the shortcomings at K-P’s facilities, stated: “Apart from the forensic laboratory at Khyber Medical College in Peshawar, not even a single facility has the technology and expertise for carrying out perfect reports.”

The expert, referring to the poor conditions at autopsy facilities across the province, alleged that often the prosecution fails because “post mortems are carried out in passenger vehicles or on stretchers; so it is easy for the accused’s team to find ways to escape justice.”

Former Special Public Prosecutor, Muhammad Bashar Naveed, who is currently the Additional Assistant Advocate General, when asked about the challenges prosecution teams face due to lack of proper forensic reports, termed the challenges as dire.

 “If you collect empty shells today, recover the weapon used in the offense, 10 days later and submit both the empties and the weapon on the 11th day of the crime, the court will obviously question it,” he informed.

Naveed said that they had already written to the Directorate General of Prosecution to remove shortcomings so that those involved in crimes could be brought to justice.

Aversion to a career in forensics Another woe that K-P’s various forensics experts have is the aversion of medical students in pursuing a career in forensics. “Students choose other fields because there are no incentives associated with being a forensic expert,” the official informed, adding that despite having medical colleges at almost every division in the province, the medical colleges’ facilities for carrying out autopsy reports were not in a position to come up with perfect reports.

However, others feel that incentives could not make up for the threats to life a medico-legal expert would face after filing an accurate forensic report. “Besides other major concerns, security is at the top of the list. If a doctor files the truth, the accused person or their relatives threaten experts,” informed Dr Alamgir Shah, former President of the Young Doctors Association (YDA) K-P.

Shah shedding light on the plight of medico-legal experts said that they often have to travel from one district to another during case proceedings leaving behind their core duties.

“They are not given any security and if the government pays them pennies for one visit from, for instance, Peshawar to Swat but the fuel charges are exorbitant, why would anyone choose forensics?”

Published in The Express Tribune, April 7^th, 2022.