Practical Veterinary Forensics 1st Edition

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For Adam and Jade.
Practical Veterinary Forensics

Edited by

David Bailey
 CABI is a trading name of CAB International
CABI CABI
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© CAB International 2016. All rights reserved. No part of this ­publication
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A catalogue record for this book is available from the British Library,
London, UK.

Library of Congress Cataloging-in-Publication Data

Practical veterinary forensics / David Bailey, editor. -- First edition.
   p. ; cm.
Includes bibliographical references and index.
ISBN 978-1-78064-294-9 (alk. paper)
I. Bailey, David (Forensic veterinary surgeon), editor.
[DNLM: 1. Forensic Medicine--methods. 2. Veterinary Medicine--methods.
3. Animal Welfare--legislation & jurisprudence. SF 769.47]
SF769.47
636.0894--dc23
2015029404
ISBN-13: 978 1 78064 294 9

Commissioning Editor: Caroline Makepeace

Associate Editor: Alexandra Lainsbury
Production Editor: Lauren Povey

Typeset by SPi, Pondicherry, India.

Printed and bound in the UK by CPI Group (UK) Ltd, Croydon, CR0 4YY.
 Contents

Contributors vii

1 Introduction – What is Veterinary Forensics?1

David Bailey

2 Forensic Philosophy12
Karl Harrison and David Bailey

3 Law and Animals24

Deborah Rook and Pippa Swan

4 Forensic Science and Applications to One Health35

Lloyd Reeve-Johnson and David Bailey

5 Evidence Collection and Gathering: The Living Evidence50

David Bailey

6 Forensic Examination of Animal Hair62

Claire Gwinnett

7 Firearms and Ballistics81

Rachel Bolton-King and Johan Schulze

8 Blood and Blood Pattern Analysis118

David Bailey

9 Understanding the Nature of Document Evidence134

Nikolaos Kalantzis

10 Forensic Toxicology146
Ernest Rogers

11 Bitemark Analysis159
David Bailey, Jenny Hamilton-Ible, Lucy Leicester, Louise MacLeod
and Adele Wharton

v
vi Contents

12 Report Writing175
David Bailey

13 The Human–Animal Interaction189

Pippa Swan

Index 201
 Contributors

David Bailey, Department of Forensic and Crime Science, Staffordshire University,

Stoke-on-Trent, Staffordshire, UK. E-mail: daysbays@yahoo.co.uk
Rachel Bolton-King, Department of Forensic and Crime Science, Staffordshire University,
Stoke-on-Trent, Staffordshire, UK. E-mail: r.bolton-king@staffs.ac.uk
Claire Gwinnett, Department of Forensic and Crime Science, Staffordshire University,
Stoke-on-Trent, Staffordshire, UK. E-mail: c.gwinnett@staffs.ac.uk
Jenny Hamilton-Ible, Highcroft Veterinary Group, Bristol, UK. E-mail: jhamiltonible@gmail.com
Karl Harrison, Cranfield Forensic Institute, Cranfield University, Defence Academy UK,
Shrivenham, Wiltshire, UK. E-mail: k.harrison@cranfield.ac.uk
Nikolaos Kalantzis, Chartoularios Laboratory of Questioned Document Studies, Piraeus,
Greece and Department of Forensic and Crime Science, Staffordshire University, Stoke-­
on-Trent, Staffordshire, UK. E-mail: nkalantzis@chartoularios.gr
Lucy Leicester, School of Veterinary Medicine and Science, University of Nottingham,
Nottinghamshire, UK. E-mail: lucy.leicester@nottingham.ac.uk
Louise MacLeod, Hills Veterinary Surgery, London, UK. E-mail: louiseemacleod@hotmail.co.uk
Lloyd Reeve-Johnson, Institute of Health and BioMedical Innovation, Queensland Univer-
sity of Technology, Brisbane, Australia and Principal Research Fellow, Translational Research
Institute, Brisbane, Australia. E-mail: lloyd@goydpark.com
Ernest Rogers, American Board of Forensic Medicine, American College of Forensic Exam-
iners Institute, Springfield, Missouri, USA. E-mail: forensicinvestigations@comcast.net
Deborah Rook, Northumbria Law School, Northumbria University, Newcastle-upon-Tyne,
UK. E-mail: debbie.rook@northumbria.ac.uk
Johan Schulze, Veterinary Forensic and Wildlife Services, Germany and Norway. E-mail:
schulze@vet-for-wild-serv.eu
Pippa Swan, Clare Veterinary Group, Ballyclare, Co. Antrim, Northern Ireland, UK. E-mail:
pippaswan@gmail.com
Adele Wharton, Saphinia Veterinary Forensics, Bottesford, Nottinghamshire, UK. E-mail:
adele_wharton@hotmail.co.uk

vii
 1 Introduction – What is Veterinary
Forensics?

David Bailey*
Department of Forensic and Crime Science, Staffordshire University,
Stoke-on-Trent, Staffordshire, UK

1.1 Introduction 2
1.2 Current Projects 2
1.2.1 Anti-terrorism 2
1.2.2 Forensic analysis of hair 2
1.2.3 Bitemark analysis 2
1.2.4 Teaching and examining 2
1.2.5 Contract research 3
1.2.6 Expert witness appearance 3
1.2.7 Toxicology and chemical analysis 3
1.2.8 Veterinary call-out services 3
1.2.9 Television and media 3
1.2.10 Report writing 4
1.2.11 Documentary evidence 4
1.2.12 Blood pattern analysis 4
1.2.13 Bestiality 4
1.2.14 Ballistics 4
1.2.15 DNA analysis and laboratory competence 4
1.3 Conceptual Views 5
1.3.1 Comparison to human forensics 5
1.3.2 A definition of veterinary forensics 5
1.3.3 Breadth of field 5
1.3.4 Getting caught 6
1.4 Biological Concepts 6
1.5 Know Yourself 8
1.6 A Common Thread 8
1.7 Jones versus Kaney 9
1.8 Critical Thinking 10
1.8.1 Example 11
1.9 Conclusion 11

*Corresponding author: daysbays@yahoo.co.uk

© CAB International 2016. Practical Veterinary Forensics (ed. D. Bailey) 1

2 D. Bailey

Live long and prosper. expertise in antiterrorism and agroterrorism,

(Mr Spock, Star Trek, Season 2, the former being a subject module of my
Episode 1, ‘Amok Time’, 1967) master’s degree, and the latter something
that I had applied and developed from my
master’s degree training to my veterinary
1.1 Introduction science degree. Many vets are in the unusual
and unacknowledged position of being able
At the time of writing, one is reminded of to discuss the role that animals and animal
the recent passing (27 February 2015) of products can play in the spread of biological
Leonard Nimoy, who played the character or chemical hazards.
of Spock in the Star Trek films and televi-
sion series. The half-human, half-Vulcan
who preferred fact to emotion is a useful re- 1.2.2 Forensic analysis of hair
minder of the de facto mindset that is re-
quired in the world of veterinary forensics. I am currently completing the world’s first
Being exposed to some of the most challen- data collection of hair samples from Pit Bull
ging crime scenes that involve animals and, Type (PBT) animals. This research project
in many cases, the carcasses of animals, the aims to identify differences between breeds
forensic vet needs a Spock-like skill to filter of dog by qualitative and quantitative
out the emotional impact of what they en- measurement of microscopic hair features.
counter and to be able to articulate, clearly It has taken two years and has involved the
and without emotion, what has occurred. sampling and measurement of more than
This is an important skill to develop if any 300 hair samples from 50 dogs in the USA,
longevity is expected in this field. UK, Australia and Ireland. Statistical analysis
is currently being conducted on more than
18,000 measurements.
1.2 Current Projects

The following section is provided as a refer- 1.2.3 Bitemark analysis

ence for the reader to appreciate the current
workload of a forensic vet and to provide an I have been involved in two recent cases in-
insight into the scale and complexity of the volving allegations of dog bites against hu-
specialism that is veterinary forensics. mans, where I have come up against den-
tists and plastic surgeons who are able to
describe injuries but fail to articulate how
1.2.1 Anti-terrorism the injuries may have occurred.

While constructing this introductory chapter

I am preparing for a talk at the Counter Terror 1.2.4 Teaching and examining
Expo in London, the fourth consecutive year
I have been invited to speak at this event. I am preparing to teach and then examine
The topic for my discussion this year is seven more UK-based veterinarians in a
‘The ability to weaponize biological agents’, postgraduate certificate course in veterinary
and covers the utilization of ‘pig bombs’ as forensics and law. This is a postgraduate
a crude but effective device for spreading course that was created in 2010 for vets in
biological agents. My audience will be the UK to learn the skills and importantly,
mainly first responders and UK ambulance the mindset that accompanies the work of the
personnel; however, there is a large compo- veterinary forensic scientist. Many of the
nent of private trainers, ex-military consult- vets on the postgraduate course work for
ants and government operatives. The reason the Royal Society for the Prevention of
for my invitation is a linear recognition of my Cruelty to Animals (RSPCA). I am also
 Introduction – What is Veterinary Forensics? 3

i­ nvolved in the teaching and delivery of the group of horses based on examination of
inaugural Veterinary Forensics course in their equine tail hair. The hair is helpful in
Brazil, where I am going next year to lecture identifying the time of contamination of a
at a veterinary forensics conference. number of horses that were exposed to a
hydrocarbon leak into their water source
from a neighbouring property. It is possible
1.2.5 Contract research to construct the timeline using the growth
rate of equine tail hair, and involves cutting
I am currently conducting some contract re- up the hair into small segments (subsamp-
search in collaboration with Staffordshire ling the hair) and analysing each small seg-
University, which is investigating the effect ment. Hair at the end of the tail was produced
that electronic collars may have on dog skin. years ago and the level of hydrocarbons in
The dog skin has been provided from cadav- the tip of the hair (if detected) will indicate
ers to assist with claims that have been made an exposure at a time in the past, determined
by some end users that the use of these de- by comparing the exact length of the hair
vices can cause burn necrosis on their dog’s with its growth rate. An increase in hydro-
skin. The manufacturers claim that the elec- carbons from any subsampled region should
tronic collars don’t cause any type of burning provide sufficient information to determine
on the dog at all and the preliminary results that exposure has occurred at that point in
of this research would support this view. The time and a timeline can be established, a
voltage and amperage involved are too small source–pathway–receptor (SPR) model now
to cause any detectable damage to the dog exists and culpability should follow.
skin, even under electron microscope.
Previous contract research has included
a review of the chosen methodology used in 1.2.8 Veterinary call-out services
a large research project involving dog behav-
iour. Another project assisted in the deter-
I provide investigative, advisory and forensic
mination of the provenance of migrating
services for the Police Service of Northern
birds through Isotope Ratio Analysis of sam-
Ireland (PSNI) and the Ulster Society for the
pled feathers. A requirement has been iden-
Prevention of Cruelty to Animals (USPCA),
tified for rapid determination of the origin of
where I can be called upon to attend to ani-
a sick bird in the wake of ongoing world-
mals that are sick, dead, dying or injured
wide fear about pandemic bird flu.
and require veterinary intervention or fo-
rensic investigation if an allegation of a
1.2.6 Expert witness appearance crime is being pursued. I am on the board of
trustees of the USPCA.
When I’m not working as a forensic vet,
I have recently completed a particularly
I work in clinical practice, where I find
onerous court schedule, requiring my pres-
emergency medicine particularly satisfying.
ence in a different court (including a Sher-
I also have a fair amount of small and large
iff’s court appearance in Scotland) nearly
animal work, including equine, which
every week for the last three months. These
helps to keep my credentials as an expert
appearances are as an expert witness in
witness up to date.
cases involving allegations of animal cruelty
or claims of injuries received by humans
from animals.
1.2.9 Television and media

1.2.7 Toxicology and chemical analysis I have just completed filming for a one-hour
television documentary on the proliferation
I am in the process of developing a timeline of puppy farms in Northern Ireland (The
of exposure to hydrocarbons (kerosene) in a Dog Factory).
4 D. Bailey

Previously I have been involved in seized trailer. Blood pattern analysis is, as
news slots on the subject of animal hoarders will be explained, an analysis of the forces
in Northern Ireland. I frequently write art- that create the blood pattern and not the
icles for various veterinary publications blood pattern itself.
around the world on the topic and various
subtopics of veterinary forensics.

1.2.13 Bestiality
1.2.10 Report writing
I have investigated a claim of sexual contact
between a teenage boy and a large Dogue de
I have written two reports this week on
Bordeaux, where the dog had learned sex-
civil claims. One involves a farm labourer
ual behaviour that was not expected from a
who alleges that he was struck by a dairy
dog unless it was being used for stud pur-
bull as he was walking through the milking
poses. Radiographs were able to determine
parlour, and the other involves a dispute
that the dog had genetic anomalies that
between a vet and an owner of a dog that
made him an unsuitable stud animal and
had developed heart complications after
when faced with this information the boy
‘anaesthetic and a dental’ – these four words
confessed to contact with the dog.
were the sum total of the clinical notes de-
scribing the procedure provided by the vet
surgery.
1.2.14 Ballistics

1.2.11 Documentary evidence

I have examined and treated numerous cats
that have been shot with an air pellet, and
I have been to premises under police escort I have examined many dogs and dog car-
and seized documentary evidence that pro- casses that have been injured or killed by
vides a strong probative link between the shotgun pellets.
alleged offender and a crime. Handwriting
analysis, document examination and even
ink examination can be used to determine
whether a crime has been committed in a 1.2.15 DNA analysis and laboratory
world dominated by clinical input. A vet competence
can send documentation to a document
examiner and then add the document exam- I have been involved in a dispute as a de-
iner’s report to his or her own court report, fence expert involving the analysis of more
in a similar way that a clinical pathology or than 300 DNA samples. The Department
radiology report can be utilized. Many vets of Agriculture and Rural Development
need to be reminded that one of the most (DARD) in Northern Ireland had charged a
common causes of a vet being removed from farmer with dishonesty over the pedigree
their professional governing body is miscer- claims he had made relating to his cattle.
tification, i.e. signing a document that DARD had diligently collected hundreds
shouldn’t have been signed. of blood samples from the cattle and sub-
mitted them to an ISO 17025-accredited
laboratory for testing. The laboratory and
1.2.12 Blood pattern analysis DARD, acting as the prosecution provider,
had their substantial accumulation of evi-
I have been able to determine that a stag dence thrown out of court – an example of
transported in a trailer suffered injury in poor sample continuity and how forensics
transit. This was through the analysis and can apply in a robust defence of a seemingly
correct photography of blood patterns in the open-and-shut case.
 Introduction – What is Veterinary Forensics? 5

1.3 Conceptual Views 1.3.2 A definition of veterinary forensics

1.3.1 Comparison to human forensics While some have commented and written
on the subject of veterinary forensics, it re-
The processing of crime scenes that involve mains poorly defined. Some have used fo-
crimes against humans has become very rensics as a synonym for pathology. Others
specialized. Different expertise exists in the have used forensics as a tool for prosecution
forensic science school, ranging from crime (only) of animal abusers. However, a more
scene processing to analytical techniques accurate definition of veterinary forensics is:
and laboratory compliance. Forensic sci- the application of science to the resolution
ence is still an emerging specialism in the of legal disputes involving animals and ani-
veterinary world and is heavily dependent mal derivatives.
on the human discipline as it navigates its
way to becoming an established discipline
in its own right. The most significant diffe- 1.3.3 Breadth of field
rence between human and veterinary foren-
sics is that in the former the evidence is These ‘veterinary’ disputes usually involve
physical but inanimate, and can consist of animals or animal keepers, yet they may also
drugs, glass fragments, fingerprint images include trade in animal products, as well as
and nearly all other forms of physical evi- professional negligence claims against animal
dence, while in veterinary forensics, the health professionals. A forensic vet will tend
evidence can be living. This small yet sig- to deal with cases involving animal cruelty,
nificant point is a characteristic of veterin- animal trade, injuries received from animals
ary forensics that can’t be replicated, copied and the various legal vagaries involved in the
or learned from our human colleagues. application of science to the resolution of
As veterinarians, we deal with evidence these matters. Forensics as a discipline cares
that gets sick, dies, is already dead or has not for the likely innocence or guilt of the
been killed. Our evidence can become preg- party concerned, and it is surprising that when
nant, improve in body weight or lose body asked to define veterinary forensics, many
condition. The forensic world, according to others see it as a tool for the establishment of
the human forensic scientists, is not de- the prosecution position only. The ability to
signed for living evidence. Forensic analysis use forensics for both prosecution and defence
and interpretation is for samples, not pets. in legal disputes should force each side to
Physical handling and manipulation is for think twice before entering into dispute reso-
forensic data, not restraint and clinical sam- lution via an adversarial legal battle.
ple extraction from an unyielding and unco- When dealing with claims of animal
operative animal. Forensic evidence can be cruelty, a vet is inevitably asked to provide
bagged, labelled and stored on a shelf for comment on any suffering that an animal
18 months prior to trial. Not animals. They may or may not have experienced.
need to eat and live and go to the toilet. They It is an anomalous discovery in the UK
have a need for companionship and they are that there is no currently accepted legal, fo-
evidence that cannot be bagged and tagged rensic or veterinary definition of the word
and placed on a shelf. It is at this point that suffering. This is problematic for a scientific
veterinary forensics cannot rely on the discipline such as forensics that thrives on
human field for guidance, and it is not sur- and utilizes definitions.
prising that post-seizure is the most proba- A vet who is involved in forensics will
tive and evidentially useful period, in terms often encounter human mental health
of how the animal responds to care. It is also issues when dealing with cases, and, al-
the most vulnerable period for the seizing though we are unqualified mental health ex-
authorities, who can unwittingly commit perts, we will all too often be a designated
further offences against the animal by incor- de facto social worker, dealing with alcohol
rect post-seizure storage of living evidence. abuse, mental health issues (e.g. hoarding),
6 D. Bailey

and on the receiving end of verbal and to the resolution of the dispute that arises
physical abuse. I have attended one court out of the evidence.
where a defendant had to have their false
teeth removed for the duration of proceed-
ings because they chose to bite people who
weren’t on their ‘side’. Another case in- 1.4 Biological Concepts
volved the seizure of 11 dogs from premises
of an owner who had developed gangrene in Charles Darwin has a theory of evolution
his toes. The dogs had eaten part of his foot that still exists in theoretical format and has
without his knowledge and intervention re- failed to be catapulted into a law of biology.
sulted in the seizure of the dogs and the Biology then appears to be the only science
owner having a leg amputated. that has no governing laws. All biological
The reader may quickly realize that one theories start off as hypothesis and then,
should add the term ‘social work and men- through trial and error and experimentation
tal health issues’ to any working definition they become elevated to theory, awaiting
of veterinary forensics, but you will now be the one singular event, experience or ex-
running very close to committing the foren- periment that prevents them from being ce-
sic scientist’s worst error – straying outside mented into a law. Physics, chemistry and
one’s area of expertise. maths have many laws to flaunt at the bio-
This book isn’t the first to attempt to de- logical sciences. Veterinary science, as a
fine veterinary forensics. There is already discipline that is heavily dependent on the
an established a priori expectation that vet- biological processes, has only one law, and
erinary forensics involves pathology or pros- we don’t even exalt it as a law, more of an
ecution (only) of animal abusers, or is a inconvenience – All living things will die.
niche term applied to wildlife crime. There And here we have biological science
is no room in these definitions for the likes competing unfavourably with physics and
of DNA or document analysis, or an under- chemistry and mathematics, which have an
standing of ballistics, and even less interest abundance of laws and rules to establish
in defending those accused of animal abuse. precision and, most importantly, predict-
To have a prosecution-only definition of ability.
any forensic discipline removes 50% of We can predict and plan events with
your potential paid work in this field and physics and chemistry, we can build large
betrays a 100% understanding of the adver- architectural arrangements and send rockets
sarial nature of the judicial system that we beyond our solar system with the laws of
have in the UK, Australia, North America motion, mathematics and engineering, yet
and many Commonwealth countries. with biology we think we understand evo-
lution but we fail to elevate Darwin’s ‘the-
ory’ into a law that cannot be challenged.
Newton and Pascal would laugh at our at-
1.3.4 Getting caught tempts to describe the biological world as
scientific, reliant upon only one theory and
In ancient Sparta, soldiers were encouraged no laws.
to go out and steal. Stealing was not a crime; Biology, it seems, allows us only to look
however, if you were caught, you were back at all our observations, measurement
punished, not for stealing, but for getting or data and describe what has already hap-
caught. pened. All other forensic science discip-
Veterinary forensics is looking at the lines apart from biology allow you to look
people (and their surrounding circum- forward in time and predict. This is an ex-
stances) who have been caught in crimes or pected but poorly broadcast observation in
disputes that involve animals and animal a discipline that seeks to apply science to
derivatives, and it includes the application the law, and wants these observations to be
of our (clinical and cumulative) knowledge beyond reasonable doubt.
 Introduction – What is Veterinary Forensics? 7

Forensic science is all about the utiliza- the ‘beyond reasonable doubt’ type of answer
tion of the physical sciences with scientific and they require certainty, when all we can
laws to predict outcomes with great accur- provide as biologists is reliability. Vets will
acy, and all of the measuring and analytical often attempt to be 100% certain when being
tools of forensic science use laws and prin- almost sure is all that is sanctioned by bio-
ciples of physics, chemistry or maths – the logical and veterinary sciences, and being
physical sciences that allow structure and unsure is sometimes all that biology provides.
prediction. Biologists can produce a very reliable
‘Animals are made up of atoms, anyway’ range of results that lack the certainty and
is the infamous quote from a court case where singular answers of the other physical sci-
a vet was asked to explain that, despite hav- ences. A ballistic scientist can tell you that
ing never seen a wild Bengal cat, he was the faster a projectile travels the more energy
able to give expert opinion on the matter as it will have, and they can provide a formula
he was a vet and he knew ‘all animal breeds to assist in this prediction (kinetic energy of
and species’. an object):
The reply from the barrister was appro-
Ek=1/2M.V2
priate for the expert:
‘So you claim that veterinary science, then, A vet couldn’t tell you what the resultant in-
is applied chemistry?’ jury will be in the body of the animal that the
projectile hits, yet a ballistic scientist can tell
‘Yes, partly.’ you the exact amount of energy the projectile
‘What part?’ will have on impact if they know the distance
the animal is standing from the projectile-­
‘The chemical part.’
delivering device. The physical sciences
Veterinary science is the study of biological ­predict events with great accuracy and the
systems, which, at the atomic level of all forensic scientists embrace this certainty and
cells, are obedient to the laws of chemistry frontload their analysis, interpretation and
and physics, but when these atoms combine mindset with analytical tools that rely on
together, they coalesce to form cells, organs formulae, laws and predictability. The bio-
and bodies – an emergent system of a living logical and natural sciences reflect on what
thing that is reluctant to yield to any laws, occurred with vague ranges of possible scen-
legal or scientific, except one – death. arios. The projectile could over-penetrate the
Problems become apparent when you animal and cause minimal (or massive) tis-
try to shove a biological sample into one of sue damage; or the energy from the projectile
these analytical devices created by and for could be dumped and captured completely
the rules of physical science. A square-peg- within the animal, resulting in massive tem-
and-round-hole situation has developed. porary and permanent cavity damage – there
These devices are created and skilfully is a range of possible results. Courts dislike
crafted to understand physics or chemistry this. A pathologist can tell you what hap-
or mathematics and they feel contaminated pened to this animal on this occasion, yet a
and dirty with biological samples, and they ballistic scientist can tell you what energy
tend to spit out results that can be measured will be imparted from the projectile to every
and compared to a range of results that are animal, every time. A pathologist, unable to
expected in the biological world. And here post-mortem every animal, every time, is re-
we have the first rule of cross-examination duced to giving a range of possible results
when dealing with biological materials. All based on the post-mortem that he or she
answers in biology require a range of pos- has performed on other animals of different
sible answers except the answer to one height, weight, sex and breed, and the prob-
question: was it dead? lems begin when applying this fuzzy logic
Everything else requires a spectrum of and introducing it to the court.
answers, and the courts dislike this fuzzy ap- DNA analysis is the one analytical
proach to truth determination. Courts want measurement utilized by forensic scientists