V.   Occurrence

Physical evidence, also defined as “real evidence” is any form or parts of a physical object intended to support or rebut a fact associated with an Argument.

There are six (6) broad categories of Physical Evidence being Object, Material, Chemical, Biological, Documentary and Digital namely:

(i) Object is complete or self contained objects whether instruments, firearm, powered, non-powered, clothes etc.; and

(ii) Material is parts of any material such as fibre, metal, stone etc.; and

(iii) Chemical is part of any chemical reaction, residue, gunpowder, fingerprint reaction etc.; and

(iv) Biological is any biological culture, sample, body part or whole; and

(v) Documentary is any printed documents; and

(vi) Digital is any digital files, audio, video, transactions, recordings.

The validity and therefore admissibility of Physical evidence relevant to an Argument is dependent upon three major qualities being provenance, method of collection and integrity, namely:

(i) Provenance signifying the ownership history of the object and its chain of custody; and

(ii) Method of Collection signifying how the object/evidence came into possession of the party now seeking its inclusion as evidence in the argument; and

(iii) Integrity of the object/evidence excluding any possibility of alteration, tampering once collected, contamination or the exclusion of significant degradation beyond recognition since it was collected and registered.

The Provenance of Evidence signifying the ownership history of the object and its chain of custody is an important quality affecting the validity and therefore admissibility of Physical Evidence. As a result, there are several essential criteria that must be met in order for Physical Evidence to be accepted and admitted as valid evidence, namely:

(i) That the evidence has not been fraudulently manufactured, positioned, manipulated or altered in anyway; and

(ii) That the evidence has not been obtained through fraudulent means.

The Method of Collection is an essential quality affecting the validity and therefore admissibility of Physical Evidence. As a result, there are several essential criteria that must be met in order for Physical Evidence to be accepted and admitted as valid evidence, namely:

(i) That the date of obtaining and recording the evidence, or the act/event in question does not exceed the statutory limit of charges and/or suits been brought for such a civil or criminal offence; and

(ii) That the collection and/or submission of evidence has been properly recorded in a record of evidence and witnessed by a clerk of a court independently of formal investigators; and

(iii) That the evidence has been collected using proper forensic methods and has been properly sealed and stored securely.

The Integrity of the object/evidence is the third essential quality affecting the validity and therefore admissibility of Physical Evidence. As a result, there are several essential criteria concerning Integrity of the storage and protection of Evidence, namely:

(i) That all reasonable efforts have been made to ensure the evidence has not been accessed or handled other than through the formal proceedings to which it relates; and

(ii) That its authenticity may be examined by a formal expert called by either the prosecutor or defense of a formal proceedings; and

(iii) That it may be represented to formal proceedings on request; and

(iv) The forensic procedures by which evidence is collected must be able to prove that in its obtaining and in its processing it has not been contaminated by external sources that may potentially account for its existence; and

(v) All evidence obtained forensically must be recorded properly and able to be subject to scientific/expert testimony and cross examination.

Where the accused in a suit has an active criminal record, physical evidence from previous criminal convictions, including the details and circumstances of the previous convictions(s) are automatically admissible.

Where the same two parties have previously been engaged in a Civil suit (trial or hearing), the physical evidence from the previous dispute is automatically admissible.