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Chapter 13 Legal Aspects of Firearm Examiner in Court

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28 views17 pages

Chapter 13 Legal Aspects of Firearm Examiner in Court

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© © All Rights Reserved
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CHAPTER 13: LEGAL ASPECTS OF FIREARM EXAMINER WHO WILL TESTIFY

IN COURT

Witness and their Qualifications (Sec. 20, Rule 130, Rules of Admissibility)

All persons who can perceive, and perceiving can make known their perception to others
may be a witness.

Religious or political belief, interest in the outcome of the case or conviction of a crime
unless otherwise provided by law shall not be ground for disqualification.

Circumstances that qualifies a person to be a witness.

1. His possession of organ of sense;


2. His ability to perceive and perceiving;
3. He can communicate what he has perceived to others; and,
4. That he is not disqualified from becoming a witness by the law.

Disqualification by Reason of Mental Incapacity or Immaturity (Sec. 21, Rule 130, Rules of
Admissibility)

1. Those whose mental conditions at the time of their production for examination is such
that they are incapable of intelligently making known their perception to others;
2. Children whose mental maturity is such as to render them incapable of perceiving the
facts respecting which they are examined and relating them truthfully.

Disqualification by Reason of Marriage (Sec. 22, Rule 130, Rules of Admissibility)

During their marriage, neither the husband nor the wife may testify for or against the
other without the consent of the affected spouse, except in a civil case by one against the other.

Opinion Rule” Section 48, Rule 130, Rules of Admissibility)

General Rule – The opinion of a witness is not admissible, except:

Section 49, Rule 130, Rules of Admissibility

Opinion of Expert Witness – The opinion of an expert witness on a matter requiring special
knowledge, skill, experience or training which he is shown to possess, may be received in as
evidence.

Section 50, Rule 130, Rule of Admissibility

Opinion of Ordinary Witness – The opinion of ordinary witness for which proper basis is
given, may be received in evidence regarding:
1. The identity of a person about whom he has adequate knowledge;
2. A handwriting with which he has sufficient familiarity;
3. The mental sanity of a person with whom he is sufficiently acquainted.

The witness may also testify on his impression of the emotion, behavior, condition or
appearance of a person.

Rule 132, Rules of Court, Presentation of Evidence

Section 1, Examination to be done in Open Court – The Examination of witness presented in a


trial or hearing shall be done in open court, and under oath of affirmation. Unless the witness is
incapacitated to speak, or the question calls for a different mode of answer, the answers of the
witness shall be given orally.

Section 3, Rights and Obligations of a Witness – A witness must answer questions although
his answer may tend to establish a claim against him. However, it is the right of a witness to:

1. To be protected from irrelevant, improper, insulting questions and from harsh or insulting
demeanor,
2. Not to be detained longer than the interest of justice requires;
3. Not to be examined except only as to matters pertinent to the issue.
4. Not to give an answer which will tend to subject him to a penalty for an offense unless
otherwise provided by law; or,
5. Not to give an answer which will tend to degrade his reputation, unless it be to the very
fact at issue or to a fact from answer to the fact of his previous final conviction for an
offense.

Section 4, Order in the Examination of an Individual Witness – The order in which an


individual witness may be examined is as follows:

1. Direct Examination by the proponent;


2. Cross-examination by the opponent;
3. Re-direct examination by the proponent;
4. Re-cross examination by the opponent.

Section 5, Direct Examination – is the examination of a witness by the party presenting him on
the facts relevant to the issue.

Section 6, Cross - Examination; its purpose and extent – Upon the termination of the direct
examination, the witness may be cross-examined by the adverse party as to any matters stated in
the direct examination or connected therewith.

Section 7, Re-Direct - Examination; its purpose and extent – After the cross – examination of
the witness has been concluded, he may be re-examined by the party calling him to explain or
supplement his answers given during the cross- examination.
Section 8, Re-Cross – Examination – Upon the conclusion of the re-direct examination, the
adverse party may re-cross-examine the witness on matters stated in his re-direct examination,
and also on such matters as may be allowed by the court in its discretion.

Sample of a Script
For an Investigator Testifying in Court

1. Direct Examination - The purpose of direct examination is to establish the facts that the
crime of homicide was committed.

(Start of the hearing)

Judge...Is the prosecution ready?

Prosecutor... Ready your honor.

Judge... How about the defense counsel, ready?

Defense counsel... Ready your honor.

Judge... Present the first witness.


(After introduction and identification of the witness)

Prosecution... Your honor the purpose of the testimony of the witness, is to prove that the
physical evidences; one caliber .38 revolver, one bullet and one cartridge case were recovered
from the crime scene. This is in relation to homicide case that we are handling.

1Q. Mr. Witness, please state your name, address, status and other personal circumstances.

A. I am P/MSGT Pedro S. Penduco, 29 years of age, married and residing at 232 Pardo, Cauayan
City.

2Q. What is your present assignment?

A. I am assigned as investigator at homicide section, Camp Sotero Cabahug, Gordo Avenue,


Cauayan City.

3Q. How long, you have been assigned in homicide section?

A. Seven years.

4Q. What is your educational attainment and training, if you have any, with respect to the
homicide cases?
A. I am a registered criminologist. I have attended various seminars relative to homicide
investigation. I have also received special training on criminal investigation and detection course
at Philippine Public Safety College, Cauayan City.

5Q. In connection with investigation of homicide cases, how many firearms involved in a
homicide case, you have already recovered?

A. More than 100 firearms sir…

6Q. What evidences you have recovered, in- connection with this particular homicide case?

A. I have recovered one caliber .38 Smith and Wesson homemade revolver, one fired bullet and
one fired shell.

7Q. Showing to you this caliber .38 revolver, what is the relation of this evidence to the present
homicide case?

A. This is the caliber .38 revolver, I found at the scene of the crime.

8Q. How do you know that, that is the same revolver, you have found at the crime scene?

A. Because I recognized the marks that I made, on the revolver after I found it, and there is my
secret marking engraved in the revolver.

Prosecutor... May I request your honor that the evidence identified by the witness, be mark as
exhibit "A".

Judge ...Give order to the court interpreter... mark it.

9Q. After you have recovered these evidences, what was your next move?

A. I made notes regarding the make and type of the revolver, and also its location and condition,
in my small notebook that I carried for that purposes.

10Q. When did you find this revolver?

A. I found it on November 1, 2022, the date of the shooting incident.

11Q. At what time?

A. At around 9:30 in the morning.

12Q. Where did you find it?

A. At Legaspi Street corner Manalili Street, Cauayan City, near the Bucagay Store.
13Q. Where was the body of the deceased, when you found the revolver?

A. It was still in the crime scene, around 2 feet near the Bucagay Store..

14Q. What is the model, type and serial number of the revolver that you recover?

A. Model Smith and Wesson, homemade revolver and serial number 123456.

15Q. Aside from the firearm you recovered, what else, you recovered from the crime scene?

A. I recovered also one bullet and one shell.

16Q. When did you find these bullet?

A. On November 1, 2022, the date of shooting.

17Q. At what time?

A. At around 9:31 in the morning shortly after finding the revolver.

18Q. Where did you find it?

A. At the crime scene near the body of the deceased.

19Q. How far the bullet from the body of the deceased, when you find it?

A. More or less 5 feet away from the body of the deceased.

20Q. After you recovered the bullet, what did you do next?

A. I marked it with my initial at the base of the fired bullet, at the time I found it. I place it inside
the envelope and jotted down on the envelope my name, the date, and the place where I found
the bullet.

21Q.S..howing to you this bullet, is this the bullet you recovered from the crime scene? Please
examine.

A. This is the bullet I recovered from the crime scene.


Prosecution ... May I request your honor that this bullet, be mark as exhibit "B"
Judge... Give order to the court interpreter... mark it.

22Q.Mr. witness, how about the shell, where did you find it?
A. I found it in the cylinder of the revolver.

23Q. Showing to you this shell, Mr. witness, is this the shell you recovered from the cylinder?
Please examine.
24Q. Yes sir, that is the shell I found in the cylinder.

Prosecution. May I request your honor that the . evidence shell be mark as exhibit "C".

Judge... Give order to the court interpreter... mark it.

25Q…Is there cartridges inside the cylinder?

Defense counsel... Objection your honor, leading question your honor.


Judge... Objection sustain. Reform the question.

Prosecution... Aside from the shell you recover in the cylinder, what else you found in the
cylinder of the revolver?

A. None sir.

26Q. What did you do with these bullet and shell, after you found it and marked at the crime
scene?

A. I took and carried it, along with the revolver and the other evidence I found at the crime scene
and bring it to the homicide section.

27Q. What did you do with this revolver, bullet and shell when you returned to the homicide
section?

A. I prepare a letter request address to the Regional Chief of Crime Laboratory, for the purpose
of determining whether the evidence bullet and shell were fired from caliber .38 revolver.

28Q. When these items submitted to the crime laboratory?

A. At about 2:00 O'clock in the afternoon of November 1, 2022.

29Q. Whose custody these items remain, before you delivered to the crime laboratory?

A. They remained in may custody until I delivered them to the crime laboratory.

30Q.Who received the revolver, bullet and the shell, that you turn over?

A. It was received by the duty personnel P/CPL Juan G. Domingo.

31Q.After you have turn over the evidences and was received, what did P/CPL Juan G. Domingo
do?
A. He checked the evidences, then he give me a receipt. The receipt is the file copy itself
stamped and filled up of the time and date received and the name of PCPL Juan G. Domingo and
then signed by him.

32Q.Showing to you this receipt, is this the receipt you are referring to? Please examine.

A. Yes sir, that is the receipt I received.

33Q.There is signature appearing on the receipt, whose signature is this? Please examine.

A. That is the signature of PCPL Juan G. Domingo.

34Q. When did he affix his signature to this receipt?

A. On November 1, 2022, when he received the revolver, bullet and shell.

Prosecution... May I request your honor that the receipt itself, as well as the signature appearing
in the receipt, be mark as exhibit "D" and "E" respectively.

Judge... Give order to the court interpreter... mark it.

Prosecution... That's all for the witness your honor.

Judge... Any cross examination from the defense counsel?

Defense counsel... I have few questions your honor.

Judge... Okay, proceed.

2. Cross Examination of an Investigator

NOTE: The purpose of cross examination is to destroy the established fact during the testimony
of the witness.

Defense counsel: May I proceed. With due permission your honor,

Judge... Proceed.

Defense counsel: Thanks your honor

1Q. P/MSGT Penduco, how come, that you know that there was a shooting incident on Nov. 1,
2022?

A. There was a concern citizen who called up thru telephone, informing us about the shooting
incident.
2Q. When was that, Mr. witness?

A. On Nov. 1, 2022 at around 9:25 in the morning.

3Q. Who is your companion when you responded to the crime scene?

A. The driver of the Patrol car and one personnel from homicide section.

4Q. In your testimony Mr. witness, you said that you are the one who mark the revolver, bullet
and the shell, do you mean to say that they did not assist you in collecting the physical evidence?

A. They assist me in locating the physical evidence, but I was the one who mark it because, I will
be the one to testify in court.

5Q. In the crime scene Mr. witness, were you able to pick up the suspect?

A. Yes, Sir.

6Q. Did you ask some question to the suspect?

A. Yes sir. But the question is limited only to the personal question, I did not ask him about the
crime, because it needs already the assistance of a counsel.

7Q. Do you know the name of the victim?

A. Yes sir. Maria Aguas.

8Q. How did know the name of the victim.

A. Thru her identification card and she is the live-in partner of the suspect.

9Q. How many days before the case was filed in court Mr. witness?

A: Sixteen days sir,

10Q. It elapsed already the reglementary period Mr. witness, that's an arbitrary detention already
under Art. 100 of the Revised Penal Code. What is your reason Mr. witness, why it happen like
this?

A. Because the accused James signed a waiver of detention and his waiver of detention already
expired, that's why, I filed the homicide case.

11Q. Would you entertain an idea Mr. witness that the gun recover in the crime scene, is not the
gun use in the commission of crimes?
A. I have no authority answer that, sir, it is not my job, it is the job of forensic firearms
examiner, to determine whether the gun recovered, is the gun used in the crime.

12Q. Did you take a photograph of the evidence you recovered, Mr. witness?

A. No, because the SOCO Team arrived at the crime scene, and since they have complete
equipment, they are the one who facilitated the photographing.

13Q. Why you dare to mark the physical evidence, even though the SOCO Team are present, Mr.
witness?

A. Because we arrived ahead with the SOCO Team, so I take charged everything before they
arrived.

14Q. Why, the SOCO knew about the shooting incident?

A. Because, I advice one of my companion to call the crime laboratory for assistance of SOCO,
since they are well trained, regarding preservation of evidence.

15Q. What is the weather condition when you, and your companion responded to the crime
scene?

A: It's raining sir, that's why the evidences have a presence of mud.

Defense Counsel... No more question you honor

Judge... Okay, any re-direct examination from the prosecution?

Prosecutor... No re-direct examination you honor.

=====================================================================

Sample of a Script
For an Expert Witness Testifying in Court

1. Direct Examination to an Expert Witness

Judge...To the prosecution... present your witness.

Prosecutor...I'm going to present the witness your honor, the Forensic Firearms Examiner of

Crime Laboratory by the name of PLT. Alex A. Andres.

Judge... Okay, call him to the witness stand.


Witness... Proceeded to the witness stand.

Judge... Sworn in, the witness.

Interpreter... Do you swear to tell the truth, nothing but the whole truth?

Witness... Yes sir.

Interpreter... Will you please state your name address, status and other personal circumstances?

Witness... I am P/LT. Alex A. Andres, legal age, married with the postal address of 311 D.
Jakosalem Street, Cauayan City, a registered criminologist and a Forensic Firearms Examiner at
the Regional Crime Laboratory Office 02, Cauayan City.

Prosecution….. May I ask the defense counsel, if he will admit the witness, as expert witness?

Defense Counsel... I will not admit him as an expert witness your honor, this is the first time I
met him.

Judge... Okay, qualify first the witness.

Prosecution... With due permission your honor. By the way, the purpose of the testimony of the
witness is to establish the fact that the evidence bullet and evidence shell were fired from one
and the same suspected firearm caliber .38 revolver.

1Q. What is your educational attainment Mr. witness?

A. I am a Juris Doctor graduate, a registered criminologist, a Master in Public Administration


graduate, have 45 units in Master in Science Teaching Major in Educational Technology and a
part time teacher of the College of Criminal Justice in the University of Cauayan, Cauayan City.

2Q. When did you enter in the police service?

A. I joint in the police service on Nov. 10, 1990.

3Q. Where were you assign, after your appointment as policeman?

A. I was assigned in Cauayan City.

3Q. What school, what course and what year you graduated in college?

A. I graduated Bachelor of Science in Criminology in March 1980, at the University of Cauayan,


formerly Cauayan Central Colleges.

4Q. When did you take the board examination?


A. I took the board examination for criminologist in 1982, and I was a 2nd placer.

5Q. When did you joint the Forensic Unit of the PNP?

A. I joined the service thru lateral entry in 1991, then I was assigned in Regional Crime
Laboratory Office 02, Santiago City.

6Q. When, were you assigned at Regional Crime Laboratory Office 02, Cauayan City?

A. I was assigned at Regional Crime Laboratory Office 02, CauayanCity in August 1993.

7Q. What year, you were assigned as Forensic Firearm Examiner?

A. I was designated as Forensic Firearms Examiner on Dec. 16, 1995.

8Q. What training or seminar do you have, before you become a Forensic Firearms Examiner?

A. I have on the job training on firearms identification, from October 16 up to December 1,


1995, and I have seminar on the modern technology in the manufacture of firearms and
ammunitions from March 16 to 20, 1998. I have another on the job training in advance technique
in firearms identification on March 16 up to April 21, 1999, and again I have on the job training
on June 16 up to August 31, 1999. All of these trainings your honor were sponsored by national
and international private and government agencies.

9Q. How many cases involving suspected firearms, you have examine?

A. As of now your honor, more than 100 cases sir.

10Q. How many case you have testify in court Mr. witness?

A. I testified more than 80 cases already sir.

11Q. You said, you have examine more than 100 cases and testified more than 80 cases, what
happen to the remaining cases, you have not testified?

A. Still in my custody waiting for the subpoena your honor.

12Q. What is your basis in examining this particular case, you are testifying now?

A. There is a letter request from the homicide section sir.

13Q. What is the content of the letter request?

A. The Homicide Section requested our unit/office to determine whether the evidence bullet and
shell were fired from the evidence revolver.
14Q. Showing to you this letter request, is this the letter request you are referring to?

A. Yes sir.

Prosecution…. May I request you honor that this letter request be mark as exhibit "F"

Judge... Give order to the court interpreter... mark it.

15Q.Aside from the letter request you received, what else did you received?

A. One caliber .38 revolver, one fired bullet and one fired shell.

16Q.Showing to you the caliber .38 revolver, is this the revolver you received? Please examine.

A. Yes sir.

Prosecution... May I request your honor that the revolver be mark as exhibit "G.

Judge... Give order to the court interpreter... mark it.


17Q….How about this bullet of caliber .38, what is the relation of this, to the other evidence?

A. That is one of the evidence included in the letter request.

18Q.Showing to you the bullet, is this the bullet you are referring to? Please examine.

A. Yes sir.

Prosecution... May I request your honor that the bullet, be mark as exhibit "H"

Judge...Give order to the court interpreter... mark it.

19Q…How about this one shell, what is the relation of this to the other evidence?

A. That is also included in the letter request.

20Q...Showing to you this shell, please examine if this same shell, you received from Homicide
Section?

A. Yes sir, that is the shell I received.

Prosecutor... May I request you honor that the evidence be mark as exhibit "I" Judge...Give order
to the court interpreter... mark it.

21Q.After you received those evidences, what did you do next?


A. I proceed to the chemistry section for the test of Gun Powder Residue.

22Q. Then what transpired next?

A. After the GPR was conducted, the revolver was return to me.

23Q. When did you received the evidences, and what did you do with the evidences?

A. Nov. 1, 2009 at around 4 O'clock in the afternoon. After I received, I physically examine the
revolver whether it is serviceable or not, including the markings in the evidences, whether each
evidence have already an engraved physical identity each, and since all the marking engraved in
the physical are proper, I adopted their markings.

24Q. Then what is the next procedure did you apply?

A. I marked 3 live ammunitions for test firing.

25Q.After that, what is your next move?

A. I proceeded to the bullet recovery for test firing.

26Q.Then, what procedure did you apply next?

A. After test firing, I compare the evidence shell and test shell and, then the evidence bullet and
test bullet physically, then examine thru the bullet comparison microscope.

27Q. What is your findings?

A. After I observed the striations of both the 3 test shells and test bullets and compared with
evidence shell and bullet, it reveal the same individual characteristics.

28Q. What is your conclusion?

A. My conclusion is that, the evidence shell and the evidence bullet as well as the test shell and
test bullet, were fired from one and the same suspected firearm caliber .38 homemade revolver
serial number 123456.

29Q. With your findings and conclusion, did you prepare a report?

A. Yes sir.

30Q. Showing to you this Ballistics Report, is this the report you are referring to?

A. Yes sir.

31Q. Whose signature appearing on top of the name PLT. Alex A. Andres?
A. That's my signature sir.

32Q. How about the signature appearing in the left side, name PMAJ. Nestor A. Santos , whose
signature is that?

A. That is the signature of my Regional Chief.

33Q. How do you know that, it is his signature?

A. Because, I was present at the time he signed it.

Prosecution... May I request your honor that the Ballistic Report, the signature of the Forensic
Firearms Examiner and the signature of the Regional Chief, be marked as exhibit "J", "K" "L"
respectively.

Judge... To the court interpreter... mark it.

Prosecution... That's all for the witness your honor.

Judge: Any cross examination from the defense counsel?

Defense counsel: Yes your honor, I will conduct cross examination.

2. The Cross Examination of an Expert Witness

Defense counsel... May I proceed your honor.

Judge... Proceed.

Defense counsel…. Thank You your Honor.

1Q. Mr. witness, did you not come up with an idea that the caliber .38 revolver was switched
with other revolver before you received the same?

A. No sir, because my findings, and conclusion are positive. If it was change, the result after my
examination and comparison would have been negative, but the result was positive.

2Q. What do you mean by positive finding and conclusion?

A. It means to say sir, that evidence shell and the evidence bullet were fired from the submitted
suspected caliber. 38 firearm.

3Q. When the evidence firearm was shown to you, you said that it is same firearm submitted by
the Homicide section, what is your basis Mr. witness?
A. Aside from the markings I engraved in the firearm for identification purposes, I have also a
secret markings engraved, which I'm the only one who knew the location.

4Q. You said that you proceed to chemistry after you received the firearm from Homicide
Section for GPR or gunpowder residue, what is your purposes?

Prosecution... Objection your honor, the question is misleading, the witness did not say that he
received it from Homicide Section but from the duty personnel of the crime laboratory.

Judge... Objection sustained... reform the question.

5Q. Who submitted the firearm caliber.38 to you, after the GPR was conducted?

A. It was submitted by P/ MSGT Arthur Diosa.

6Q. Can you show proof to this Honorable Court, as to when you received the evidence firearm
from P/ MSGT Arthur Diosa?

A. Yes sir, but I will ask permission to the Honorable Judge to allow me (witness) to refer to the
written note at the back of the letter request from Homicide Section, which is already submitted
as exhibit.

Judge... Request is granted... Show the back portion of the letter request.

Witness... Showing the back portion of the letter request to defense counsel.

7Q. Mr. witness, would you admit that every firearm have chamber and this chamber will create
chamber markings?

A. Yes sir.

8Q. And in the revolver, the chamber is located in the cylinder, isn't it Mr. witness?

A. Yes, sir.

9Q. And the evidence revolver you examine have six chamber, isn't it Mr. witness?

A. Yes, sir.

10Q. And you said a while ago, that you marked and test fired only 3 live ammunitions?

A. Yes, sir.

11Q...Mr. witness, why you test fired only 3 lives ammunitions, when in fact there are six
chamber in the evidence revolver? Will you explain this to the honorable court?
A. Sir, we will test fire only 6 live ammunitions, if there are chamber markings in the evidence
shell, because we don't know which of the 6 chambers of the cylinder of the revolver, the
evidence shell was fired. But in this particular case, when I physically examine the body of the
evidence shell with the use of magnifying lens. There is no presence of chamber marking. That's
why I test fired only 3 live ammunitions, because I don't have to examine the chamber markings
in the body of the shell.

12Q. ..How about the striation impressed in the body of shell, is it enough to view the presence
of chamber marking with the use of magnifying lens Mr. witness?
A. Yes sir, it is enough, because with the use of the magnifying lens, the image you intend to
observed will be enlarge and this is done during the one by one physical examination of the
evidences.

13Q……By the way Mr. witness, what are the purpose of the 3 live ammunition for test Firing?

A. The 1st purpose is for preliminary examination, by comparing the evidence shell and the 1st
test shell, whether they have the same striations or markings. The 2nd purpose is for
confirmation, whether the striation in evidence shell, is still appearing in 2nd test shell. The 3rd
purpose is for the conclusion by comparing whether the striations of the evidence shell are
consistent with the 3 test shells.

14Q….I'm sure Mr. witness that you have carefully examine the evidence bullet and the test
bullet in the bullet comparison microscope, how did you arrive into a conclusion?

A. Before I mounted the evidence bullet and test bullet, I examine each physically, looking for
the landmarks from the base to the ogive, and if they are the same, then both evidence and test,
will be mounted in the stage plate at the same time, then compare whether they have the same
striations. It is not enough that the striations in one landmarks of the test bullet and the evidence
bullet are the same, because it might be, just a pseudo matching. The proper way is that, both
evidence bullet and test bullet should be rotated at the same time to find prominent striations,
significant striations and consistent striations in order to arrive in a conclusive findings.

15Q. Supposed only one evidence bullet is submitted and the striation is not sufficient, what will
be your conclusion, Mr. witness?

A. If the evidence is not sufficient like for example, only jacket and only one landmark is legible
of the bullet recovered, then no conclusion could be made, due insufficiency of evidence.

16Q. Follow up question Mr. witness, can you determine whether the bullet was fired from a
pistol or revolver?

A. Yes sir, if there is shaving marks on the bullet, it was fired from a revolver. The cause, is due
to misalignment of the chamber located in the cylinder and the breech end of the barrel
especially if the firearm is homemade. If there is no shaving marks, it is fired from the pistol, due
the fact that, in pistol, the cartridge is already inside the chamber, and next to chamber, is the
breech end. The ogive of the bullet in the cartridge is already attached to the breech end. Upon
explosion of the cartridge, the bullet that will separate from the shell and will just rotate,
following the twist of the rifling.

17Q.Mr. witness, when the evidence shell and the test shell were examine as to the breechface
marking and your finding is positive, supposed you turned the test shell 45 degrees to the right
without turning the evidence, is your finding still positive?

A. Yes sir, it is still positive, because only the position was change, not anyone of the test shell
or evidence shell, mounted in stage plate of the Bullet Comparison Microscope, was change.

18Q.As an expert, Mr. witness, can you determine the distance of the accused in shooting the
victim in the crime scene?

A. I have no authority to answer that sir, the right person to answer, is the investigator or the
witness. The forensic firearms examiner, is just waiting in the office for any specimen requested
for examination.

19Q….Mr. witness, I noticed engraved letters "PSP" in bullet, what these letters stance for?
A. These are initials of the name, middle name and family name of the investigator.

Defense... That's all for the witness your honor. Judge... Any re-direct from the prosecution?

Prosecution...No re-direct your honor.

NATURE OF AN EXPERT WITNESS TESTIFYING IN COURT


By: Paul Camille Brouardel

A Man of Science

“If the law made you a witness, remain a man of science,

You have no victim to avenge, no guilty or innocent person to ruin or save,

You must be witness within the limits of science”.

“Forensic Experts Are Expert Witnesses in Court”

=====================================================================

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