Lack of adequate national forensic medical service is condemned

CRUCIAL evidence in criminal prosecutions could be missed because Ireland does not have an adequate forensic medical examination service, an expert has warned.

Professor Denis Cusack, head of the Department of Forensic Medicine at UCD, has called on the Department of Justice to introduce proper structures for the service.

Forensic medical examiners play a vital role in the criminal justice system, fulfilling duties ranging from the analysis of samples taken in suspected drink-driving cases to the examination of sexual-assault victims.

However, there is a severe shortage of doctors willing to serve as forensic examiners, and no formal structure to address issues such as fees and ongoing training for those who do.

According to Prof Cusack, this could result in evidence being overlooked or cases collapsing. “Victims of crime may not be seen promptly and examined adequately; forensic evidence will be missed or inadequately presented; there will be delays in examining death scenes; human rights of detainees and those in custody may be neglected; and doctors may feel vulnerable in carrying out this specialised work for fear of being sued or appearing in court and being subjected to vigorous cross-examination.”

The problem was highlighted last year when it emerged sexual-assault victims in the West had to endure a 300-mile round trip to Dublin’s Rotunda Hospital because there was no suitable examiner available locally, following the retirement of a Galway GP who had been carrying out the service.

Apart from the State Pathologist’s office, a handful of forensic physicians who specialise in sexual offences examination, and a small number of professors and lecturers within the field of legal/forensic medicine who also serve as examiners, there is a dearth of suitably-qualified people, said Prof Cusack.

“In Ireland, the generalist role of forensic physician is undertaken by an unknown number of GPs, most of whom have no formal qualification of training in the subject and certainly no career structure, continuing professional development or training.

“I have been writing to the Department of Justice and the Garda Commissioner for a number of years on the need to develop a forensic medical examination structure in Ireland,” he said yesterday. “I have suggested that a small and focused working party be set up to examine the issue.”

A properly-structured system would encompass postgraduate courses, continuing training for those already in the role, and the provision of adequate fees. Forensic medical examiners generally work on-call, and late hours are not unusual.

One development that will help is a new course at Professor Cusack’s department at UCD which will offer a Higher Diploma in Forensic Medicine and starts in September. However, he stressed that much more needs to be done.

“Incomplete or incompetently-presented forensic evidence results in injustice for the accused and victims alike, and does no credit to any of the professions (involved) or to a society which tolerates such standards and neglects essential supports for the justice system.”

The Department of Justice last night said it had received Prof Cusack’s correspondence, and that Minister Michael McDowell would have “no difficulty in meeting with the professor to discuss these issues”.