becomes essential for timely evaluation and preservation of online data, particularly in cases where
remote deletion is a risk.
2.6 Analysis of Electronic Evidence
While analysing various aspects of digital evidence, we have to acknowledge the critical role of digital
evidence professionals in both obtaining and analyzing electronic evidence. Merely obtaining evidence
is not sufficient; it must be thoroughly analyzed to ensure its accuracy and reliability. Failure to assess
digital evidence properly can lead to false assumptions.
In Liser v Smith13, the investigators relied solely on a single, unverified statement from the bank manager
regarding the discrepancy in the surveillance tape's timing. Despite having ample time for
investigation, they failed to verify the accuracy of the tape's time stamp, leading to a wrongful arrest.
This case underscores the importance of verifying electronic evidence thoroughly, especially in
deliberate, slowly unfolding investigations. Similarly, in Mogford v Secretary of State for Education and
Skills14, inconsistencies in the suspect's testimony and the timing of file system activities were crucial
in establishing guilt. The failure to corroborate the suspect's story and the timing of computer activity
played significant roles in the tribunal's decision.
Overall, the excerpt stresses the importance of meticulous analysis and verification of electronic
evidence to ensure its accuracy and reliability in legal proceedings. Simply relying on digital data
without proper scrutiny can lead to erroneous conclusions and unjust outcomes.15
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Jason Liser Plaintiff v. Jeffrey Smith et al, United States District Court, D. Columbia, No. CIV.A.00-2325 (ESH)
(D.D.C. Mar. 26, 2003)
England and Wales care Standards Tribunal, Mogford v Secretary of State for Education and Skills [2002] EWCST
11(PC) (26 June 2002), https://www.bailii.org/ew/cases/EWCST/2002/11(PC).html
Mason, Stephen, et al. “Proof: The Technical Collection and Examination of Electronic Evidence.” Electronic
Evidence, edited by Stephen Mason and Daniel Seng, 4th ed., University of London Press, 2017, pp. 285–
338. JSTOR, http://www.jstor.org/stable/j.ctv512x65.16. Accessed 27 Mar. 2024.
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