THE fact that SAPS are not linked to the most comprehensive fingerprint databases in the country has a negative impact on crime solving, writes RACHELLE BREED
ONE of the best pieces of evidence the State can rely on in the prosecution of criminal cases, is the testimony of fingerprint experts.
The expert evidence places an accused on the crime scene and is exceptionally difficult to dispute unless the defence calls their own expert with a different opinion, at great expense.
In the recent murder trial of Kerridge Charles Singleton, the fist accused was linked to the murder through his palm print and blood on the victim’s vehicle.
Though the evidence was insufficient to prove murder, he was still convicted of and sentenced to imprisonment on a lesser crime, because of the weight the court attached to forensic evidence.
Expert witnesses are seasoned to testify in court, tough under cross-examination and without motive to fabricate evidence against the accused, because they have nothing to do with the investigation itself.
Yet, despite the excellent evidentiary value in proving both guilt and innocence, SAPS are currently not yet linked to the best, most comprehensive fingerprint databases in the country – the Department of Home Affairs and the Department of Transport.
In a country where property crimes are rife and costing the economy billions, an extensive data base can serve to solve numerous outstanding dockets and increase plea bargains with the State.
Housebreakers for instance, are often serial offenders. In practice, a single housebreaker can be linked via fingerprints to 20 or more outstanding cases, which in turns mean much harsher sentences, direct imprisonment and the possibility of being declared a habitual offender.
Fingerprinting is also exceptionally important in bail applications, where the strength of the State’s case plays a significant role in keeping the accused behind bars for the duration of the trial.
Other advantages include the swift identification of unidentified bodies.
The same goes for the gathering and establishing of a national DNA database, which will go miles to solve serious crimes such as rapes and murders.
Inter-departmental cooperation The Criminal Law (Forensic Procedures) Amendment Bill 2009, deals with enhancing the use of fingerprints and creating inter-departmental cooperation to link different fingerprint databases for investigation purposes and promotes the establishment of a national DNA database.
The Act provides SAPS with access to fingerprint and photographic images of databases of the departments of Home Affairs and Transport, and any other department of State in the national sphere of government.
SAPS may also take and retain fingerprints and other biometric materials for criminal investigation purposes, including bodily substances for DNA analysis.
Amendments to the South African Police Service Act also include provision for establishing and regulating the administration and maintenance of a national DNA database, including the regulation, storage and use of fingerprints, palm prints, footprints and photographs.
Unfortunately, it seems as if it is once again a question of excellent legislation but zero implementation.
Despite several queries to various stakeholders, no one knew where in the implementation process we were, or how long the roll-out will take.
There is no doubt that the implementation of this system could be invaluable in apprehending the guilty and freeing the innocent.
