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New pathologist will ease long forensics delays

Bermuda's lack of a forensic pathologist in the Island until last year was highlighted before the Serious Crimes Inquiry.

Solicitor General Bill Pearce took the opportunity to say lengthy delays in the production of some forensic evidence and the lack of certain basic tests -- like swipes from under Rebecca Middleton's fingernails -- hampered the investigation and may have led to the unsuccessful prosecution of two accused men.

With the hiring of Nigerian forensic pathologist John Oladapo Obafunwa almost a year ago, King Edward VII Memorial Hospital and the Bermuda Police Service have not relied on experts to be flown from abroad.

Until September, authorities contacted pathologists like Miami/Dade County Medical Examiner Valerie Rao in the wake of murders to come and conduct forensic and post mortem examinations or even just examine general autopsy notes.

People in the know -- like Director of Public Prosecutions Khamisi Tokunbo -- say Dr. Obafunwa's presence has brought an end to such a situation.

Dr. Obafunwa's production of a thorough crime scene analysis of Dean Young's murder last October and his testimony on the stand in the trial this year impressed Mr. Tokunbo greatly.

Mr. Pearce said he "just (didn't) understand why'' prosecutors did not wait until DNA and other forensic test results had returned from overseas before offering a deal to Kirk Mundy.

He said the only two forensic experts who could say another person held down Miss Middleton and later helped carry the dying girl never examined her body but only looked at photos.

Mr. Pearce also gave some insight into the confused state of getting scientific evidence in Bermuda, citing the necessity for the Government Analysts to do more than just tell doctors what a substance is.

"With the greatest respect to him, with Kevin Leask he is more of a forensic technician and may like to think of himself as more of an expert than he was,'' Mr. Pearce said.

"There's no question that certain areas were not covered at all. For example there were no scrapings on her fingernails. That's basic. There was a very unsatisfactory examination with regard to the scene.'' Mr. Pearce was careful to explain the problem was not a matter of competence but of training and insisted Police and others should be given more training in forensic evidence collection.

Dr. Obafunwa -- speaking before Mr. Pearce spoke to the Inquiry -- said Bermuda should have a forensic pathologist at the hospital.

He said: "The advantage of having someone with a background in forensic pathology here is that you're able to go to a crime scene as soon as possible.

"Look at the Young case. Police called me right away,'' he added. "I was there by 5 a.m. or so and by 9 a.m. we were doing a post mortem. We had a fair knowledge of what the circumstances had been.

"In the case of a homicide the first 24 hours are vital. We can create a scenario for Police so that they know the right questions to ask a suspect, what things to look for and how to pursue the investigation. It does put the Police a step ahead.

"There is a lot of work for a pathologist in Bermuda and I feel there are areas that I can contribute,'' he added. "Improving the quality of work is a continuous process, which applies to me because I have to keep improving myself.'' Dr. Obafunwa admits that in some cases he may have to send overseas photographs and detailed notes of a crime scene to blood splatter or fibre specialists.

And he praised the work of other pathologists who have worked here, including, "my immediate boss'' Bermudian clinical pathologist Keith Cunningham.

But when asked about the state of the facilities provided for what is considered the beginnings of medicine, Dr. Obafunwa was cautious.

"I have been given assurances that some of the facilities will be improved,'' he said. "At the end of the day pathology forms the bedrock of the hospital.''