INGENIEUR
Forensic Engineer as Expert Witness
Normally, exper ts like forensic engineers
are called to the cour t to testif y their
findings. Forensic engineers come from
many backgrounds: mechanical, civil, chemical
and electrical. The role of an engineer as an
expert witness in the legal system is to establish
the basic facts and assumptions based on their
experience, the explanation for the accident
or failure, with reasonable conclusions. They
may be involved during the site investigation or
the laboratory analysis. However, some of the
experts may not be involved in the investigations,
but still be called by the court to testify
their opinion. The forensic engineer also
needs to review any reports from another
party’s expert opinion for the same event.
This involves professionalism in performing
the job since many factors do affect their
decisions. Sometimes, the other expert is a
best friend. Barristers from both sides of the
legal proceedings ask their prepared questions
based on a report submitted by an expert.
Both teams have to convince the judge to win
the case. The forensic engineer will appear as
agreed by both parties to testify their opinion.
In order to avoid bias, the forensic engineer
should be independent of all parties. This is a
big challenge to the forensic engineer but it is
crucial, in order to maintain professionalism.
Who is a Forensic Engineer
There are many ways to define a forensic
engineer. Charper K.L defined a forensic engineer
as someone who is considered a professional
engineer, and deals with the engineering aspects
of legal problems. According to the Cambridge
dictionary, forensic is defined as “belonging to courts
of justice, or to public debate; used in court or legal
proceedings”. Forensic also refers to “related to
scientific methods of solving problems, involving
examining the objects or substances that are
involved in the crime”. Engineer is defined as
somebody who “designs and builds something
using scientific principles”. Therefore, a forensic
engineer is someone with engineering background
who uses scientific methods to solve any cases
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related to engineering failure. Noon stated the role
of a forensic engineer as follows:
● ●
assesses what was there before the event
and the condition it was in, prior to the
event;
● ●
assesses what is present after the event,
and in what condition it is in;
● ●
hypothesises plausible ways in which the
pre event conditions can become the post
event conditions;
● ●
searches for evidence that either denies or
supports the various hypotheses; and
● ●
applies engineering knowledge and skill to
relate the various facts and evidence into
a cohesive scenario of how the event may
have occurred.
Investigation Methodology
In any investigation, a systematic approach
or methodology needs to be established. The
investigative method plays an important role in
establishing the findings. Common methods such
as the Fault Tree Analysis and Failure Mode and
Effect Analysis are normally used by investigators.
There are other methods used on a large scale by
industries when performing the investigation, such
as the Root Cause Analysis technique (Figure 2)
and Tripod Beta (Figure 3). Both methods relate the
cause of the incident to the immediate cause and
root cause. However, there are also other methods
established by organisations or professional
bodies when conducting any failure investigation.
It all depends on the scope and objectives of
the investigation. An expert witness must use a
systematic approach or established method when
performing an accident investigation or laboratory
analysis in order to get to the root cause.
Laboratory Analysis
Forensic engineers play an important role in any
kind of investigation related to failure. Some of the
witnesses may establish their opinion through a
report based on laboratory analysis and results.
When engaged in failure investigations, experience
and competency with good engineering practices
are very important for any expert witness to