Find Them Dead

53 Tuesday 14 May

A sturdy, confident-looking middle-aged man, with close-cropped hair, was led into court by an usher. He was dressed in a navy-blue suit, white shirt and burgundy tie and had a friendly demeanour. He entered the witness stand, stated his name when requested and took the oath as if well used to doing this.

Stephen Cork stood up. ‘Haydn Kelly, could you please tell the court your professional qualifications.’

‘Yes, of course.’ He turned to the jury. ‘I was elected Dean of the Faculty of Podiatric Surgery completing a full three-year term of office. I still have supported links with the University of Plymouth where I initially qualified before undertaking and completing my Fellowship in London. I have received university accreditation as an expert witness. I was also the founding chair of a forensic podiatry group. I have contributed to book chapters and written and compiled a textbook on Forensic Gait Analysis.’

Cork remained standing. ‘And in 2000 you created Forensic Gait Analysis. It was during July of that same year when it was first admissible as expert evidence in criminal law, at the Old Bailey, London. Is that correct?’

‘Yes, it is.’

Cork continued. ‘Could you tell the court in your own words what is Forensic Gait Analysis?’

‘In the general context, Forensic Gait Analysis is the application of gait analysis knowledge to legal matters or problems. More specifically, the identification of a person or persons by their gait or features of their gait, usually from closed-circuit television — CCTV — footage and comparison to footage of a known individual.’

Kelly cleared his throat and went on. ‘We must also appreciate that all forms of identification are based on probability and this should not be misunderstood.’

‘Thank you for clarifying that with the court. Is it also the case that you have provided expert evidence on numerous occasions, receiving instructions by counsel for the prosecution and the defence, in the UK and overseas?’

Kelly answered in the affirmative.

‘And you have given expert evidence in medico-legal matters of clinical negligence and personal injuries to the civil courts for many years. Is that also correct?’

‘Yes,’ Kelly replied.

‘And this is in addition to you having treated many thousands of patients in your years of practice, with the diagnosis and treatment of a wide variety of foot, lower limb and musculoskeletal-related problems, which often involves gait analysis and biomechanical assessments?’

‘Yes, that is correct.’

‘I would now like to come, if I may, to the video footage that you have studied, and as detailed in your report provided for the court. In particular, the video CCTV footage taken in Edward Street, Kemp Town, Brighton, on the morning of Wednesday November 21st of last year, which has been shown to this court. Could you please tell us what you are able to establish from this?’

‘Firstly, the CCTV footage was examined, followed by that of the custody suite video footage. Both are of a quality that is suitable for the purpose of Forensic Gait Analysis to be undertaken. The unknown person displayed on the CCTV footage is seen walking along Edward Street and stopping at the doorway to the premises named TG Law. The person rang the doorbell and some moments later entered the premises. That individual seen on the CCTV footage displays the same distinctive and unusual features of gait as seen on the comparative footage taken of the person made known to me as Michael Starr, filmed walking in and around the police custody centre in Brighton.’

‘So, in your professional opinion as an expert in Forensic Gait Analysis, you are of the view that the person shown in the CCTV footage in Edward Street has the same distinctive features of gait as those displayed by the defendant Michael Starr recorded on the custody suite footage?’

‘Yes.’

‘From the material provided to you, is there anything that indicates otherwise?’

‘No.’

Primrose Brown rose to her feet, turning to Kelly. ‘You expect the jury to believe that the poor-quality CCTV footage, and your analysis of it, is proof that Mr Starr went into those premises that day?’

Jupp tilted his head towards the expert.

Kelly responded calmly but pointedly, a true expert witness and impartial as always, addressing first the judge, then the jury. ‘Your Honour, I’m unable to comment on other areas of expertise beyond my own — such as the field of facial recognition. In my opinion the CCTV footage and the custody suite footage are both suitable for the purposes of Forensic Gait Analysis, as I have outlined and as detailed in my report. The report provided by the defence’s gait expert also confirms the material is suitable for such purposes.’

Primrose Brown shuffled some papers. ‘Sir, you have presented your evidence that Mr Starr entered the premises of TG Law, but referring back to my earlier statement that there are ten people employed at the firm of TG Law, in addition to the defendant, are you able to tell this court, from your Forensic Gait Analysis, which of these eleven people he might — assuming you are correct in the first place — have gone to see?’

Kelly shook his head and politely replied, ‘No, madam.’

Brown looked at the witness intently. ‘Mr Kelly, is this not really pseudo-science? I suggest you are only interpreting what you have seen to support your findings. How can you be sure of its accuracy?’

Kelly replied, ‘With the greatest of respect, that is not the case, madam. Forensic Gait Analysis has and is being used in court cases. I have no doubt that by recognizing the distinctive and unusual features of gait as those displayed by Michael Starr, he is the person entering that premises.’

As Brown sat, Cork immediately stood. ‘Thank you, no further questions.’