B Y M I C H A E L W A M A S E B U A S S I S T A N T D P P DOG EVIDENCE SNIFFER DOG IN ACTION 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 2 QUOTATION “The illegal wild life trade is a rapidly growing global industry run by highly organised criminal networks. Worth an estimated $19 billion per year, it is perceived by poachers and traders as a potentially lower risk illegal activity. The future of tigers and thousands of other species, big and small, depend on our ability to curtail the ruthless trade. THIS IS WHERE OUR FOUR LEGGED COMPANIONS ARE STEPPING IN” By Akash Shrestha, Nepal Wild Life Trade. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 3 WHY ARE SNIFFER DOGS EFFECTIVE? Dogs have an extra ordinary sense of smell that is almost one thousand times more sensitive than that of a human being. This gives them the ability to discriminate between the faintest odours and detect smells from both live species and raw materials despite smugglers’ efforts to mask scents. Sniffer dogs are often trained to detect specific products such as tiger skin and bones but they are also effective in detecting other wild life contraband such as ivory, bear bile, live bird species, snakes and even weapons. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 4 WHAT IS A SNIFFER DOG’S JOB Sniffer dogs are often employed at air ports , shipping ports, transportation centres and national parks. They work alongside a handler to quickly scan cargo, luggage, packaging, vehicles areas for illegal contraband. The dogs only sniff out wild life products for short periods of time (often working inter changeable shifts throughout the day) yet they make a big difference. They not only increase efficiency and detect hard to find substances , but their presence also provides a strong deterrence to traffickers and help raise awareness in the public about illegal wild life trade. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 5 HOW ARE SNIFFER DOGS ARE TRAINED Sniffer dogs are trained through an incentive programme which reinforces positive behaviour. After a successful scent, the dog is rewarded with food or play, increasing their eagerness to discover contraband. Close bonds form between sniffer dogs and their handlers as they must be finely attuned to work effectively and make successful seizures. Not only must they trust and understand each other, but they must rely on each other too- the sniffer dog for commands and directions and the handler for cues and expressions. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 6 A SNIFFER DOG AND ITS HANDLER ARE INSEPARABLE. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 7 SNIFFER DOG EVIDENCE IN CRIMINAL LAW Sniffer dog evidence usually given by its handler is regarded as HEARSAY. It is for this reason that the courts have held that it must be admitted with caution and great care. There should be evidence of the experience of the dog handler in training and handling the dog . Secondly the experience of the dog itself must be given. There should be evidence to show the number of arrests and degree of accuracy effected by the dog ending up in successful prosecution. There should be evidence about the conduct of the accused before and during arrest when confronted by the dog. See Abdalla Bin Wendo vrs R {1967EA 802}. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 8 COURT OF APPEAL GUIDELINES ON DOG EVIDENCE These guidelines were laid down in the High Court case of Uganda vrs Muheirwe& another HCT-05-CR-CN- 0011-2012 by Justice Gaswaga. The guidelines were approved by the court of Appeal in the case of Wilson Kyakurugaha vers Uganda { Criminal Appeal number 51 of 2014} 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 9 GUIDELINESS (ctd) (1) The evidence must be treated with utmost care(caution) by court and given the fullest sort of explanation by the prosecution. (2) There must be material before court establishing the experience and qualifications of the dog handler. (3) The reputation, skill and training of the tracker dog is required to be proved before the court by the handler/trainer who is familiar with the characteristics of the dog. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 10 GUIDELINES (ctd) (4) The circumstances relating to the actual trailing must be demonstrated. Preservation of the scene is crucial. The trail must not have become stale. (5) The human handler must not try to explore the inner workings of the animals mind in relation to the conduct of the trailing. This reservation apart, he is free to describe the behaviour of the dog and give an expert opinion as to the inferences which might properly be drawn from a particular action by the dog. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 11 GUIDELINESS (ctd) (6) The court should direct its attention to the conclusion which it is minded to reach on the basis of the tracker evidence and the perils in too quickly coming to that conclusion from material not subject to the truth-eliciting process of cross examination. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 12 COURT OF APPEAL ADDITIONAL TO THE GUIDELINES We wish to add that there are two aspects that are important to be observed. Firstly what is the thresh hold for such evidence to be received by the trial court? Secondly after reception or admissibility how is such evidence to be considered? In the first place with regard to admissibility, we regard it essential that the training and experience of the dog handler and his association with the dog in question be established. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 13 COURT OF APPEAL ADDITIONS (ctd) Secondly, there must be established in evidence the nature of training, skill and performance of the dog in question with regard to the particular subject at hand, be it tracking scents, or drugs, or whatever specialised skills it allegedly possesses so as to establish its credentials for that skill. The foregoing are pre requisites before the admissibility of such evidence. 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 14 THE END 7/30/2022 UWA INTERMEDIATE INVESTIGATIONS AND PROSECUTIONS SKILLS TRAINING 15 PRESENTERS CONTACT INFORMATION Michael Wamasebu Assistant Director of Public Prosecutions Office of the Dpp Worker’s House 12 th Floor Plot no 1 Pilkington Road Email; wamasebu.michael@dpp.co.ug.