Networked Knowledge - The case of Henry Vincent Keogh Case
Affidavit of Professor Gale Spring - for the Medical Board of South Australia

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I am an Associate Professor of Scientific Photography and Program Leader of the Applied Science Photography program at the School of Applied Sciences in the Department of Applied Physics at RMIT University in Melbourne. I have been in that or a similar role since I arrived in Australia to accept this position in February 1988. I teach scientific photography. I coordinate the academic program and consult with the medical and scientific photographic industry as well as with those engaged in law enforcement and the legal profession.

From 1976 to 1988, I was the Director of Photographic Services in the Department of Pathology at the University of Texas, Southwestern Medical School in Dallas, Texas USA. As a part of my duties I have worked for and assisted the Dallas County Medical Examiner’s Office at the Southwestern Institute of Forensic Sciences.

My area of expertise is in the interpretation of photographic images, including video and digital images, for forensic purposes. As a practicing medical photographer for more than ten years in pathology and forensic medicine, I have expertise in the proper documentation of autopsies and crime scenes. I have lectured extensively on these topics.

In conjunction with my academic role at RMIT University, my professional practice has involved me in giving expert opinion and expert testimony in court proceedings in many criminal and civil cases. I have given evidence for both the prosecution and defence.

In 1999, I was shown several colour photographs which were said to have been taken at the scene of the death of Ms Anna Jane Cheney. I have also been shown black and white autopsy photographs which were identified as having been submitted as evidence in court. The tonal quality of the prints would indicate they had been printed from black and white negatives.

I have been directed to marks on the leg of the person in the photograph. I was told these marks were said to have been evidence of bruising allegedly from a hand, and that the marks were said to have been identified by Dr Manock as finger or thumb impressions that had resulted in bruising.

On 17 April 1999 I sent a letter to Mr P.J.L. Rofe QC, DPP, asking for access to the negatives. I received no response. The purpose of my request was to ensure that I had been looking at the highest quality prints which were possible from those negatives. It was impossible to tell whether the photographs I had been shown had reproduced the quality of the negatives.

It is my opinion, from the limited number of autopsy photographs which I have been shown, that the photographic documentation of the autopsy has not been handled in a complete or professional manner.

It is my opinion that colour film and prints should have been used to document the autopsy. Colour prints might have helped in identifying the marks on the legs as bruising as they may have exhibited a red, blue or purple colour. Other marks on the surface of the legs, such as dirt or ink may have exhibited a grey or neutral colour, so as to have been indistinguishable from a bruise in a black and white print.

Other skin conditions may have exhibited a specific colour which would help to identify the condition. The use of black and white film was not appropriate for this purpose, particularly considering the technology which was available at that time.

The photographs demonstrated no clear detail that could have been identified as bruising or finger marks. There are many other reasons which are possible for the marks in question. These include as possibilities, artefacts of the film and artefacts of processing and printing.

One would have to examine the original negatives in order to confirm or exclude such possibilities. Access to the entire set of negatives and subsequent highest quality photographs may help in support of any identification of the marks.

Sworn and signed by Associate Professor Gale E. Spring.

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