Appeal Court ruling reveals the need for effective training
If you are going to the expense of investing in a digital forensics tool like XRY, then make sure you also budget to invest in the operators too.
One of our customers has drawn our attention to a court case in the State of Western Australia, where the ruling judge prescribed the need for witnesses producing evidence to demonstrate that they have an effective understanding of how the product works. The court felt it was essential for the officer to be able to explain to the court that XRY was functioning correctly when it produced the evidence in question.
Quote from the Official Court Documentation:
Whether the text messages were admissible:
37 There are greater difficulties in understanding the second downloading process (from the mobile phone memory). The officer was not asked to explain this process in any detail, but he made mention of a web camera taking film of the text messages while they were displayed on the mobile phone. It was the first time he had experienced the relevant software and he did not have any formal training in its use. It was also his evidence that the software 'tried to do its best job at doing it'. To my mind this clearly raised questions as to the reliability of the software and of the officer's correct use of it. In my view, the prosecution failed to establish that the downloading process was of a type generally accepted by experts as being accurate, and that the particular downloading by the officer was properly performed.
It is difficult to think of a better example of why it is so important to ensure staff are adequately trained. This case is a good illustration of why it is not enough to simply use digital forensic tools. You also have to be able to explain the functions performed and why the information produced can be relied upon by the court. The court will base much of their assessment on the strength of this evidence.
XRY Training Courses are essential to help you become confident in the presentation of evidence and provide documentary proof of your competency on the forensic analysis of mobile devices with XRY. These classes are hands on with a wide variety of mobile devices to give you practical experience in understanding and explaining XRY reports. When you successfully complete the courses, you will be issued with a Certificate from the equipment manufacturer - which helps demonstrate to the court, that you have the required skills to provide commentary on the results produced by XRY.
For more information about our training courses please visit the web pages here >>