Tuesday 26 September 2017

FORENSIC CHEMISTRY AS A CATALYST TO STRATEGIC NATIONAL SECURITY OBJECTIVES A plenary paper presented by Prof. AbdulRahman A. Audu of the Department of Pure and Industrial Chemistry, Bayero University, Kano at the 40th Annual International Conference, Workshop and Exhibition of Chemical Society of Nigeria (KADACITY 2017), At the Abyssinia Banquet Hall, Hotel Seventeen (17), Tafawa Balewa Way, Kaduna, 18th – 22nd September, 2017. Your Excellency, the Executive Governor of Kaduna State – Mallam Nasir El-Rufai, The Royal Highness, the Emir of Zazzau, Alhaji Shehu Idris, Members of the Kaduna State Executive Council, Members of the Kaduna State Traditional Council, Members of the Kaduna State House of Assembly. The keynote Speaker Major General (Dr) Simon K. Oni (Rtd) and Other plenary speakers. The President CSN, Prof (Mrs) G. U Obuzor (FCSN). The Organizing Committee Chair Prof. S. O. Okeniyi FCSN The Chairman, LOC Alhaji Abdullahi M. Nuhu (FCSN). Distinguished Invited guests of CSN. Distinguished Participants. Ladies and Gentlemen. Preamble: I do sincerely wish to appreciate the efforts of the organizers of this conference for giving me the chance to expose my thoughts on issues relating to an aspect of the theme of the Conference – National Security. This aspect of the theme cannot be overemphasized because, if there is no Security no matter how Green the Chemistry is, it would not be practicable. Moreso, the whole world has become very insecure thus everyone has to become security conscious because safety and health always move together. Am delighted that in our midst are individuals who have held and are holding top positions in agencies and organizations that are charged with Security and that these would contribute to the discuss at this conference. When I was contacted by the organizers of the conference to present a paper with the overall theme of “Green Chemistry as a Catalyst for Economic Growth and National Security”, I thought that my focus would be on Green Chemistry. It was when the invitation letter came that I knew the assignment was on the aspect of National Security. It is therefore with great honor and humility that I accepted to present this paper titled: “Forensic Chemistry as a Catalyst to Strategic National Security Objectives”. While I was trying to source the materials for this presentation, the news came that the Executive Governor of Kaduna State, His Excellency Mallam Nasir El-Rufai was presenting to the Kaduna State House of Assembly a budget of more than Six Hundred Million Naira (N 600,000,000.00) for the establishment of a Forensic Laboratory in the state. This gave me a great relief, in that this very action of His Excellency has already covered all that I wanted to present. Also, all questions that would be asked at the end of my presentation would have been answered by the intentions of His Excellency, the Executive Governor of Kaduna State in the establishment of the first forensic laboratory in this part of the country; if not in Nigeria. This paper would basically try to provide an insight into what Forensic Chemistry is all about going through its historical overview to its current state. It would also try to briefly introduce participants to the various components of the forensic knowledge and the specific details of the area of forensic analysis and the various instrumental methods needed in the field. Eventually, the paper would highlight the uses of forensic data and how these can be keyed into the Strategic National Security Objectives. It will be concluded with the inclusion of some recommended actions to ensure that Nigerians are not denied the benefits derived from the use of Forensic Chemistry in the criminal justice system. Summary Forensic Chemistry services start by the recognition and recovery of evidences at the crime scene. It then proceeds by applying analytical tools in assessing the evidences and to present the findings to the justice system. Such findings would assist investigators of crimes like homicide, rapes, illicit drugs, accident – related incidents, unidentified bodies, missing persons, fraud and forgery cases. The current state has shown for instance that not only that drug trafficking has increased in the society, also the violence against humanity as a result of drug abuse is at a significant level. The forensic chemist has a significant role to play in the fight against drug trafficking like in other crimes since he can adequately evaluate the evidences of drugs found or left on victims, suspects, objects and in solutions. In case of disasters identification of victims can only be successfully achieved by the use of forensic analysis. This would involve the use of samples recovered from the disaster site such as hair, toothbrushes or other personal belonging of the victim. Through DNA profiling in comparison with probable relatives, the identity of such victims can be ascertained. The investigation of sexual assault can be successfully persecuted using the Y – chromosome which is a genetic marker since it is specific to the male evidences. Verification and authentication of printed documents just from the inks that have been used can be effected through forensic chemical analysis after separation. This approach has been very useful in authenticating documents of historical importance and suspicious documents by custom officials. Improving counter terrorism capacity remained high priority of most nations of the World. Forensic ballistics has great contributions to detect, deter, disrupt, investigate and prosecute terrorist incidences. This is because the forensic chemist has the ability to obtain the evidence from the bullet or residues found at the crime scene. INTRODUCTION What is Forensic Chemistry? Forensic Chemistry is part of the wilder field of knowledge called forensic science. Forensic Science applies the principles of natural science in matters of legal debate. It includes a broad, interdisciplinary group of applications of physical and biological sciences and various technologies applied in civil and criminal justice system. It covers areas ranging from psychology, pathology, toxicology, odontology up to the pure Forensic Chemistry. The truth is that a forensic scientist is often a chemist. This is because most of the analysis of the crime scene materials uses the techniques of chemistry; instruments develop for chemistry and the methods for solving the problems of chemistry (Huck and Sugel, 2006). Forensic Chemistry is defined as a discipline where the application of the nature of the sample and the use of the analytical chemical information plays important roles in crime scene analysis. This aspect of forensic science deals with the characterization and quantification of trace materials often obtained as evidence in the crime scene environment in solving a criminal case. Like all other chemistry disciplines, it examines the way the atoms and molecules in matter interact and bond with each other. All matter has a chemical signature, or set of characteristics that are unique to only that substance. Chemists use these characteristics to identify substances using scientific methods that can be replicated by other chemists. Such materials range from explosive compounds to gunshot residues, drugs and writing inks, dyes, poisons etc (Saferstein, 2004). Most forensic samples are complex mixtures for which analysis generally require separation prior to identification of the chemical species of interest. Thus, the principal tools of the forensic chemist are the instruments of analytical chemistry with emphasis mainly on chromatographic techniques such as Gas Chromatography (HO 1990). With the help of other analytical techniques such as Mass Spectrometry, Fourier Transform Infrared Spectrometry (FTIR), Raman Spectroscopy, Immunoassay, Atomic Absorption/Atomic Emission Plasma – AAS (ICP-AES), Scanning Electron Microscopy (SEM), the field of forensic analysis has become very exciting. It is also important at this point to note that the field of forensic science is not the same as criminology which is a field in the social science which is involved with trying to find out why people commit crime. One of the primary functions of a forensic chemist, in addition to testing materials in the laboratory, is to present testimony in court. The forensic chemist is thus routinely required to serve as an expert witness during criminal proceedings for cases in which he has performed confirmatory tests. These testimonies will often include discussions of laboratory procedures, quality control, maintenance and calibration of the instruments used as well as the details of the analysis report. Forensic Chemist undertakes the tasks of prooving the commission of crime and how it was done. Historical Overview. The history of forensic chemistry started with the employment of poisons by the early Egyptians, the ancient Greeks and the Romans. Democritus was probably the first chemist to study poisons and his findings were communicated to and used by Hippocrates. Throughout history, a variety of poisons have been used to commit murder which include arsenic, hemlock, nightshade, strychnine and curare (NFSTC, 2016). For instance the philosopher Socrates was condemned to death and made to drink hemlock. Before the development of systematic, scientific criminal investigation, guilt was determined largely by circumstantial evidence and hearsay. Arsenic was a popular poison in the Roman Empire times and it was referred to during the early France as the inheritance powder. The Blandy trial of 1752 was the first instance of an actual chemical test results used in a criminal case. Until the early 19th century, there were no methods to accurately determine if any particular chemical was present and as such poisoners were rarely punished for their crimes (Pizzi, 2004). In 1836, one of the first major contributions to forensic chemistry was made by the British chemist, James Marsh. He developed the Marsh test for arsenic detection which was subsequently used successfully in a murder trial (Watson, 2008). The next advancement in the detection of poisons came in 1850 when a valid method for detecting vegetable alkaloids in human tissue was developed by Jean Stas (Wenning, 2009). The Stas’s method was adopted and used successfully to convict Hippolyte Visart de Bocarme of murdering his brother – in – law by nicotine poisoning. Star’s method has been modified to incorporate the tests for caffeine, quinine, morphine, strychnine, atropine and opium. The Crime Laboratory: The “Police Laboratory” as it was called, was then the origin of the modern day forensic laboratory. It was usually then a photographic development room in which “the police chemist” would work in the area of fingerprints and photography. It then expanded to include examination of firearms and the microscopic comparison of expended bullets. The influx of drugs into society during the late 60s and early 70s had its impact on the activities within the police laboratory. The need to increase the number of police chemists and chemical technicians became very apparent. In many crime laboratories, drug analysis often occupied 75 – 95% of the workload. As a result, many new crime laboratories were established in order to meet the increasing demand (Briner, 1982). Drugs or “controlled substances” as they are called are classified into five schedules. In order to place a substance into the correct schedule, the forensic chemist must be able to provide the specific structural information about the drug. This is because many “look alikes” were constantly introduced into the market. This situation led to major changes in the Police Laboratory as many new instrumental/analytical techniques have to be developed to meet the needs of the demands of the work load. Other new units were formed to meet specific demands of the criminal justice system resulting in the current state of the laboratory now called Forensic Laboratory. Major Activities in a Forensic Laboratory The workload in a forensic laboratory is subdivided into four main areas. These include: 1) Material Identification Here the forensic chemist uses the methods and techniques available to provide the correct identity of the crime scene material. This is the most important assignment and must be carried out with the highest available accuracy. This identification if incorrectly done would invalidate all the subsequent protocols needed. 2) Individualization of Materials This involves attempts to use biochemical means to separate genetic markers in human fluids so as to specifically identify the criminal. The result of this unit would show the relationship between the criminal and the crime scene sample(s). 3) Establishment of Common Origin This protocol provides the comparison of the analytical data of the crime scene material with a similar material found with the suspect or as found elsewhere where the suspect has made contacts with. The analytical data before use in the comparative assessment must have been statistically ascertained as accurate. In most instances “fingerprints” generated from the materials are used for matching. The matching process is carried out in such a way that accidental matching is avoided in all cases. 4) Reconstruction of Past Events Having correctly identified or matched the two samples, the forensic chemist would undertake the reconstruction of the probable events that must have taken place before the crime, during the commission of the crime and the movements of the criminal after the crime has been committed. The reconstruction exercise is carried out using both physical and chemical data obtained from the crime scene and the scene where the matching substance was obtained. The implication in each of the above tasks is the understanding that a forensic laboratory be able to provide the criminal justice system with the best possible analysis of evidence, so that the jury has the best possible information from which to make their decision. While trying to achieve this, the golden rule of the forensic chemist is followed, which is, “If the law has made you a witness, remain a man of Science, you have no victim to avenge, no guilty person to convict and no innocent person to save. You must bear testimony within the limits of Science”. The role of an expert witness (forensic chemist) and the evidence that can be provided in a court room is not only a methodological question, but also an ethical one. It is not for the forensic chemist to proffer an opinion as to the guilt or otherwise of the defendant, rather it is to present the findings as impartially and clearly as possible (Barneth, 2001). Methods Employed in the Forensic Laboratory Forensic chemists rely on a multitude of instruments to identify unknown substances found at a crime scene (Geansslen, et al 1985). Different methods can be used to determine the identity of the same substance, but it is up to the Forensic Chemist to determine which method would provide the most accurate results. Factors that the forensic chemist would consider when performing an examination include length of time a specific instrument would take to examine the substance and the destructive nature or otherwise of that instrument. Forensic chemists prefer using nondestructive methods first, so as to preserve the evidence for further examination (Angelos, and Gary, 2011). Nondestructive techniques can also be used to narrow down the possibilities, making it more unlikely that the correct method would be used the first time when a destructive method is employed. The two main standalone spectroscopic techniques for forensic chemical analysis are Fourier Transform Infrared Spectrometer (FITR) and Atomic Absorption Spectroscopy (AAS). FTIR is a nondestructive process that uses infrared radiation to identify a substance (FBI, 2006). The combination of non-destructiveness and zero sample preparation makes FTIR analysis a quick and easy first step in the analysis of unknown substances. In modern forensic laboratory, to facilitate the positive identification of the substance, FITR instruments are loaded with databases that can be searched for known spectra that can match the unknown’s spectra. Atomic absorption spectroscopy (AAS) is a destructive technique that is able to determine the elemental metal components in the sample. Because of the nature of the technique, the original identity of the sample is lost thus making it destructive. For this reason, AAS is generally used as a confirmatory technique after preliminary tests have shown the presence of the specific metal(s) in the given sample. AAS is useful in the case of suspected heavy metal poisoning such as with arsenic, lead, mercury, cadmium, explosive and ballistics samples. The concentration of the substance in the sample can indicate whether heavy metals were the cause of death or the nature of the explosive material (Baldwin, 1999). One of the most important advancements in forensic chemistry came in 1955 with the invention of gas chromatography – mass spectrometry (GC-MS) by Fred Mc-Lafferty and Roaldn Gohlke (Gohlke and McLafferty, 1993). The coupling of a gas chromatograph with a mass spectrometer allowed for the separation and identification of a wide range of substances. GC – MS analysis is widely considered today as the “gold standard” for forensic analysis due to its sensitivity and versatility along with the ability to quantify the amount of substance present in the crime scene material. The increase in the sensitivity of the instrumental techniques has advanced to the point that minute impurities within compounds can be detected thus allowing investigators to trace chemicals to a specific batch and lot from a manufacturer. GC – MS can be used to investigate arson, poisoning, explosions and to determine exactly what was used in their manufacture (Sergy, 2009). Quality Control and Assurance in the Forensic Laboratory To ensure the most accurate analysis of evidence, the management of forensic laboratories puts in place policies and procedures that govern facilities and equipments, methods and procedures and analyst qualifications and training. A crime laboratory is required to achieve accreditation to verify that it meets quality standards. There are internationally recognized accrediting bodies in the U.S. focused on forensic laboratories; such as the American Society of Crime Laboratory Directors, Laboratory Accreditation Board and ASQ National Accreditation Board. In addition to these, individual laboratories have specific policies and procedures that govern the way analysis is performed in the laboratory. The Scientific Working Group for the Analysis of Seized Drugs (SWGDRUG) publishes recommendations for the analysis and quality control of forensic laboratories performing analysis. This includes proper evidence handling and control, calibration of the instruments used, documentation methods, materials handling and storage, analytical verification procedures, report writing and case review. Perhaps an underlying tenet for Forensic Chemistry should be that physical evidence and its analysis cannot be wrong, it is only the interpretation that can introduce error. It would be appear that the most efficient methods of comparison still involve physical and chemical observation by scientist (Morgan and Bull, 2007). In summary, it is important that the forensic chemical analysis concern itself with the following tenets: • When undertaking comparison of samples, that exclusion should be sought before the match. • It is important to identify the nature of the analytical technique; that is whether it is descriptive, exclusionary or diagnostic. • It is necessary to employ a number of independent techniques. The Nature of Crimes The forensic chemist has classified crimes into two broad categories based on the outcome of criminal activities. These are: a) Crime against the individual. b) Crime against the properties of a person. The variety in criminal activities has resulted in the nature of instruments used in the forensic laboratories thus making forensic chemistry a highly technical, instrumental analytical field. The analysis of samples such as drugs, hair, paint, fibres, flammable materials, explosives and biological fluids can be handled with great accuracy thus extending the focus of forensic analysis. In trying to solve criminal issues, three main categories of analysis became very apparent. These are: - Trace evidence - Forensic serology - Forensic toxicology Trace Evidence (Transfer Evidence) The concept of transfer of evidence (Trace Evidence) is founded upon the central thesis evoked by Edmond Locard that “every contact leaves a trace”. Locard expounded upon this original premise by stating that “whenever two objects come into contact there is always transfer of material between them. The methods of detection may not be sensitive enough to demonstrate this, or the decay rate may be so rapid that all the evidence of transfer has vanished after a given time; nonetheless, the transfer has taken place” (Wiggins et al, 2002). These contacts may involve one-way or indeed, two way transfer: the later may occur where, for example, evidence from the perpetrator of the crime is deposited in a room and evidence from the room is deposited on the perpetrator. Furthermore, such contacts leading to the transfer of evidence may be both primary and secondary. Primary transfer occurs when, for example, the perpetrator directly makes contacts with a particular source of evidence. Secondary transfer may occur if the perpetrator, who has transferred evidence, makes a contact and transfers evidence collected from the primary source onto another object or person. In forensic context it is necessary that the transfer of evidence takes place from the forensic event site to either another location, or object associated with the perpetrator (Shoes/clothing, vehicles, etc). It is not only important for the evidence to persist upon in the personal items associated with the perpetrator, but also for the evidence to be recognized and collected. The recovery of the trace evidence can be a very difficult procedure. For instance in the trail of the explosive wreckage of Pan Am Flight 103, of 21st December, 1988 over Lockerbie in Scotland an area of 845 square miles was subsequently searched with instruction to search team commanders that “If it is not growing in the ground, recover it”. In that search some sectors had little habitations and few access roads, making searches very difficult. In some areas, tracks had to be cut through forests to facilitate the processes involved. During the search operations, 18,209 individual items of property were recovered which included 90% of the destroyed aircraft (Sergy, 2009). Out of the over eighteen thousand pieces of items only one was useful for the forensic investigation which was a printed circuit board piece of an MST 13 timer. Forensic Serology – This includes all examination of blood and body fluids (Saliva, urine, tears, etc). Attempts to individualize the sample are achieved by the use of electrophoresis methods. This method ultimately separates the enzymes from the samples which occur as genetic variations and are identified as individual genetic markers. Forensic Toxicology. The analysis of drugs and poisons in biological fluids falls into this class and it is also the prime responsibility of the forensic chemist. The ability to detect and identify foreign materials in a biological matrix with both qualitative and quantitative capability makes the area very challenging. Typical Forensic Investigative Areas. Forensic Chemistry and Illegal Drug Trafficking. Forensic Chemistry has largely been applied to the identification of illegal substances within the criminal justice system. Forensic chemists analyze such unknown materials including powders, liquids and stains to determine the chemical identity or characteristics of the compounds that make up the sample. Results from such analysis often served as the basis for criminal proceedings and help to determine sentencing for convicted offenders (Lyle, 2008). Samples submitted as evidence in a drug related case can contain one compound or a mixture of compounds. For example, cocaine powder is often caught mixed with other substances such as caffeine or lidocaine. The forensic chemist who receives the sample suspected to be cocaine will need to separate out all the individual compounds and test to see if one of those is cocaine. This is done by looking at the chemical characteristics of each compound and comparing those characteristics to reference materials analyzed using the same instrument. There are two main types of tests used to determine whether an illegal drug is present in a given substance. These tests include presumptive and confirmatory tests. Presumptive tests are less precise and indicate that illegal substance maybe present while confirmatory tests provide a positive identification of the substance in question. Presumptive testing maybe conducted in the field by law enforcement officers or in the laboratory once the seized items is received. These are usually colorimetric, meaning color change for absence or presence of the substance. Confirmatory tests involve a battery of instrumental methods using techniques such as gas chromatography – mass spectrometry (GC – MS) or infrared spectroscopy on the separated individual compounds. In all cases, the methods in these tests successfully provide the chemical signature of the illegal substance within the material. Explosive Compounds and Gunshot Residues In the last two decades, terrorism has emerged as an international disaster threat that has become widespread to many regions of the world. The bombings that occurred in Bali on the 12th October, 2002 have brought a great impact to the world where two bombs exploded almost simultaneously killing 202 people (Royds et al, 2005). Since then the growing threat, sophistication and rise in criminal activities involving the use of explosives have generated the need for fast and accurate investigation techniques for evaluating vital clues left behind at the crime scene. The post-blast analysis of trace amounts of explosives is particularly difficult because traces are usually trapped in or deposited on various debris materials. Explosives often present complex and difficult circumstances to investigate. Normally these incidents are committed at the convenience of the perpetrator who has thoroughly planned the criminal act and has left the crime scene long before any official investigation is launched (Remo et al, 2000). Visiting this type of crime scene, forensic expects must have fundamental concept of explosive, pattern of explosion, residue of explosion and pattern of damage (Moore, 2007). To fully characterize any explosive quantitatively an evaluation of its chemical, physical, mechanical, acoustic, thermal and electromagnetic properties must be performed. Successful characterization of explosive will help to improve their detection and facilitate any developments in their sensing techniques (Romalo, 2013). The method of sample recovery for trace detection and identification of explosive plays a critical role in their detection. Traces can be searched for, on large surfaces, in the hands of suspect or on the surface where the explosives were placed (e.g. places where an IED was assembled, vehicles used for transportation etc) (Toume, 2013). Advances in technology to improve the sensitivity, selectivity and reliability of analytical instrumentation for the detection of explosives have increased dramatically, particularly after the World Trade Center attack in New York City on September 11, 2001. Fortunately, these efforts have helped researchers expand the list of detectable, non – traditional explosive substances. A large number of standoff distance methods have been developed as a result of global terrorism acts such as the use of improvised explosive devices (IEDs) in both suicide and road side bombings. These developments in both existing and new analytical techniques have enabled faster, more sensitive and simpler determination to facilitate the detection of explosives. Yet, because these threats become more dynamic and complex through variety of explosive materials utilized, cleverness of packaging and variability of venue, there is still a huge challenge. Sensor technology has shown considerable promise in the field of explosives trace detection since they are generally highly sensitive, small in size, autonomous and inexpensive. Such sensors include: microelectromechanical for metal oxides (Brudzewski et al, 2013), Fluorescent (Costa and Prata 2001) and electrochemical (Yan, 2012) techniques. The successful analysis of explosive and post-blast residues can enable forensic chemists to identify the explosives used and help find the links to their likely origin and subsequently the perpetrators involved in the bombing campaigns (Ahmad, et al, 2011). Recommendation In order that Nigerians enjoy the benefits of the applications of Forensic Chemistry in all its facets the Federal Government should provide the enabling environment for forensic activities to florish. The possible contribution of Forensic Chemistry to the Criminal Justice System as crime fighting tool for domestic crime and violation of international humanitarian laws cannot be overemphasized these include:-  Legislation establishing the National Forensic Board should be made by the Government.  Establishment of more Forensic Chemistry Departments in the Nations Universities.  Establishment of a National Forensic Centre that would house the various branches of the forensic field.  Supporting individuals to set up forensic consulting laboratories.  Development of a National Forensic Data Bank that should be affiliated to the National Forensic Centre and with linkages to other international Forensic Data Banks. Concluding Remarks Crimes put the public at risk, not just from the substances such as drugs being distributed, but also from the subsequent crimes committed by users, traffickers and even the manufacturers which may include burglary, assault and fraud, homicide, abduction and human trafficking. Thus, forensic chemistry can be employed as a crime fighting tool and the results of forensic analysis may also protect the innocent people against false prosecution. The talk about national security requires the attainment of personal or individual security. That means, when every individual is secured, then the nation is secured. Thus, every effort should be made so that everyone has a very good sense of security and feel the same. The security of a state is like the product quality in manufacturing organization. A successful CEO of such organization takes maximum interest in the product quality for if that is assured the bottom line (profit margin) of the business is assured and the organization thrives. Similarly, for the every state executive to have a successful tenure security must be in his front burner always. If the security is assured then the state will be at peace and all the other activities of governance would be “a work over” for him. To achieve this status, there must be justice and this is what forensic chemistry strives to achieve. That is, strengthening of the criminal justice system with scientific facts that would enhance the attainment of peace in any given state. As it popularly said; where there is justice there is peace. The provision of Forensic Chemistry services might be the most significant crime fighting tool for the enforcement of law but it is also the most effective avenue to guarantee the security of individual and consequently that of the nation. The establishment of a national forensic laboratory will also reduce the expense of the government in terms of money to carry out such analysis abroad. As part of the comity of nations, Nigeria also needs to develop scientific capabilities in order to have home grown high quality scientific evidence which is admissible in the international judicial system. Thanks a lot for listening. References Ahmad, U.K., Rajendran, S., Lee, L.W. and Yew, C.H. (2011). Direct Immersion Solid Phase Microextraction for the Forensic Determination of Nitro Explosives in Post Blast Water Samples. Health Environ. J. 2(1): 27 – 37. Angelos, S. and Garry, M. (2011). Seized Drug Analysis Using FTIR and Mixture Searching for more Effective Identification” Forensic Magazine. Advantage Business Media. Barneth, PD, (2001). Ethics in Forensic Science: Professional Standards for practice of Criminalistics. London, CRC Press. Baldwin, D.R., Marshall, W.J. (1999). Heavy Metal Poisoning and Laboratory Investigation. 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