Centre for Anatomy and Human Identification Report For Jamie Foulis, Balfour and Manson LLP Re exhumation of Gary Robert Paton Ref: LR/SMB.LH/0817 Professor Dame S M Black DBE OBE, BSc, PhD, DSc, FRSE, FRAI, FRCPE, FRSB, Cert FA1 Dr Lucina Hackman RNMH, BSc, MSc, PhD, FRAI, MRSB, Cert-FA1 27th August 2017 Declaration This report consists of twelve (12) pages (each signed and dated). We confirm that the contents of this report are true to the best of our knowledge and belief and that we make this report knowing that, if it is tendered in evidence, we would be liable to prosecution if we have wilfully stated anything which we know to be false or that we do not believe to be true. Professor Dame Sue M Black DBE OBE, BSc, PhD, DSc, FRSE, FRAI, FRCPE, FRSB, Cert FA1 Director of Centre for Anatomy and Human Identification Director of the Leverhulme Research Centre for Forensic Science University of Dundee Dow Street, Dundee DD1 5EH Scotland, UK Tel: 01382 385776 s.m.black@dundee.ac.uk I am the Director of the Centre for Anatomy and Human Identification at the University of Dundee and Director of the Leverhulme Research Centre for Forensic Science. I hold a Bachelor of Science (Honours) degree in Human Anatomy, a Doctorate in Human Anatomy and two honorary DSc degrees in recognition of services to forensic anthropology. I am a Professor of Anatomy and Forensic Anthropology at the University of Dundee and I hold the lifetime title of Professor of Anatomy for the Royal Scottish Academy. I am a Fellow of the Royal Society of Edinburgh, a Fellow of the Royal Anthropological Institute, a Fellow of the Royal Society of Biology, a Fellow of the Royal College of Physicians of Edinburgh and an honorary Fellow of the Royal College of Physicians and Surgeons of Glasgow. I am lead forensic anthropologist on the Interpol DVI standing committee, lead forensic anthropologist for the Home Office DVI advisory committee and chair of the Forensic Anthropology committee for the discipline’s professional body. I am a professionally certified forensic anthropologist at FA1 level. I was awarded an OBE in 2001 for recognition of services to forensic anthropology in Kosovo and in 2016, a DBE for services to Forensic Anthropology. I have over 30 years of experience in the national and international field of human anatomy, forensic anthropology and human identification and have given evidence to courts in the United Kingdom, Europe and the USA. In my professional capacity as a forensic anthropologist and in matters pertaining to human identity, I have assisted the British Government, various European and foreign governments, national and international police forces, military investigators, the United Nations and the FBI. I am a registered expert with the National Crime Agency. I have published 11 text books in the field of forensic anthropology, over 40 chapters in other texts, over 110 peer reviewed research papers and I hold a research grant catalogue in excess of £15 million. My research was recognised by the Queen’s anniversary prize for excellence in 2013, with a Wolfson research merit award in 2014 and the Royal Society of Medicine Jephcott Gold Medal in 2016. I hold 2 police commendations. Page 2 of 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 Dr L. Hackman RNMH, BSc, MSc, PhD, FRAI, MSB, Cert-FA1 Centre for Anatomy and Human Identification University of Dundee Dow Street, Dundee DD1 5EH Scotland, UK Tel: 01382 386311 l.hackman@dundee.ac.uk I am currently employed in the Centre for Anatomy and Human Identification at the University of Dundee as senior lecturer in Human Identification, prior to this I ran the award-winning National UK DVI training. I teach undergraduate and postgraduate students and supervise their research projects as well as providing input into both senior police and SOCO training courses. I am a certified forensic anthropologist and I have worked a significant number of cases as a forensic anthropologist both within the UK and overseas which have included the investigation of both adult and juvenile remains including the production of biological identity reports and the analysis of trauma. These cases have included a number of cases involving dismemberment, sharp and blunt force trauma. My area of specialty is in the identification of age in the living for the purposes of assisting investigations in asylum seekers and refugees, and I have passed the proficiency test in age estimation as set by the Study Group on Forensic Age Diagnostics of the German Association of Forensic Medicine. I have authored chapters in texts on this subject, am co-editor on two texts on human identification, have authored book chapters and have 13 peer reviewed publications. I hold an MSc in Biological and Forensic Anthropology and a PhD in Forensic Anthropology. I am a consultant on the Virtual Anthropology Service run by the University of Dundee providing coverage for police forces throughout the UK on a daily basis. I have experience in working on the analysis of anatomical variation from images and was recently awarded a Chief Constable’s High Commendation for this work. I am listed as an expert in the document ‘Practice Advice for Dismemberment Cases’ issued by SOCA and have written a book chapter on this subject. I have given expert evidence in both Scottish and English courts on a number of occasions. I have been recognised as a member of the Home Office, UK Disaster Victim Identification response capability. I am a Fellow of the Royal Anthropological Institute and a Member of the Royal Society of Biology. I am professionally certified at FA1 Level with the Royal Anthropological Institute of Great Britain and Ireland (RAI) and am a registered forensic expert on the forensic expert database of the National Crime Agency Page 3 of 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 Report 1. Saughton Cemetery 1.1 As per the Interlocutor granted on the 13th July 2017 from Sheriff Braid of the Sheriffdom of Lothian and Borders at Edinburgh, we attended Saughton Cemetery (18A Chesser Lane, Edinburgh EH14 1SY) on the 24th August 2017 for the purposes of exhumation of the remains of Gary Robert PATON. 1.2 Gary Robert PATON was interred in burial plot L 181 of Saughton Cemetery on the 10th July 1975. He died on the 3rd July 1975 aged 7 days. 1.3 We attended burial plot L 181 at 05.30hrs on the 24th August 2017 and in attendance were: Prof Dame Sue Black – Forensic Anthropologist Dr Lucina Hackman – Forensic Anthropologist Ms Lydia Reid – Mother of Gary PATON Mr Gareth Edwards – Cemeteries Team leader, City of Edinburgh Council Ms Danielle Gartland-Quinn, City of Edinburgh Council 4 City of Edinburgh Council cemetery employees. 1.4 Records indicated that the first adult coffin in this lair had been interred in 1939 at a depth of six feet. A second coffin had been interred in 1956 at a depth of five feet. Gary PATON was reported to be buried at the foot of the second interment. Therefore, the prediction was that Gary PATON’s coffin would sit at approximately 45 feet below the surface. 1.5 On arrival, a dirt box had been positioned, grave ornamentation had been removed, vegetation had been cut back and the grave turf had been stripped. The ground had not been dug (Figure 1). Page 4 of 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 1.6 Privacy screens were erected. A mechanical digger was employed to remove soil from the grave, down to approximately 3 feet. Dr HACKMAN kept a watching brief on the grave site and Professor BLACK on the soil dump site to ensure that no material of interest was excavated. With no relevant material uncovered at this depth we agreed to use the mechanical digger down to 3.5 feet below the surface level. 1.7 The remainder of the grave was dug by a single cemetery worker who passed the soil up to the surface for Dr HACKMAN to search to ensure that no material of interest was uncovered. 1.8 At approximately 5 feet below the surface level, some cord was identified and when removed was found to be attached to a coffin handle of a size that suggested that it was likely to be that of a child rather than an adult. Some light-coloured cotton fabric was also identified (Figure 2). 1.9 Dr HACKMAN descended into the grave and excavated the remainder of the burial using an excavation hand trowel. Shoring was inserted for safety. All material taken from the burial was passed to Professor BLACK who retained it on a white plastic tray for transferral with the body. 1.10 The items recovered were:  A coffin plate which read – Garry Paton Died 3rd July 1975 aged 7 days – This was shown to Ms REID who confirmed that her son’s name had been incorrectly spelled (Figure 3).  Some pieces of ‘wool’ type garment which may have been a shawl – These were shown to Ms REID who confirmed that a shawl had been given to the Funeral Director’s for burial purposes.  Two lengths of white burial cord still attached to coffin handles  Small, wet fragments of the remnants of the burial receptacle which might have been MDF in construction. Page 5 of 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 1.11 Ms REID was invited to see what had been located within the grave and she looked into the grave where she could see a piece of light-coloured cotton and the outline of the receptacle. 1.12 Dr HACKMAN excavated around the sides of the burial space which was approximately 18 inches by 12 inches (Figure 4). She gathered up the cotton fabric and placed her hand underneath to remove the entire burial contents including the receptacle in one piece. These were placed onto a separate white plastic tray before being lifted out of the grave. 1.13 The artefacts of the grave were packaged into an osteological cardboard container and the remains were transferred into a white coffin bearing the name GARY ROBERT PATON. Both were transferred by the Funeral Director to their premises at William Purves, 106 Whitehouse Loan, Edinburgh EH9 1BU (Figure 5). Page 6 of 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 1.14 Dr HACKMAN cleared the soil under the position of the coffin to ensure that no contents remained in the space (Figure 6). The depth of the burial was measured at approximately 6 feet below the surface and towards the upper position of the grave. Page 7 of 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 2. Funeral Home 2.1 We confirmed that the remains recovered from burial L181 on 24th August 2017 were the same remains presented in a white coffin bearing the plate Gary Robert PATON, in the mortuary at the funeral home of William Purvis, 106 Whitehouse Loan, Edinburgh, GH9 1BU at 09.00hrs on 24th August 2017. 2.2 The remains were removed from the coffin and laid out on the mortuary table (Figure 7). 2.3 The remains comprised:  A knitted woollen hat (Figure 8)  A woollen ‘shawl’ type wrapping (Figure 9)  A light-coloured cotton sleeved shroud with a tie-up back (Figures 10-12)  A cross found on the chest area of the shroud (Figure 13)  A hospital name tag with no discernible writing found inside the shroud (Figures 14 and 15) Page 8 of 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 Jul; ,7 2? Figure 9 Knitted woollen shawl I Inna? n: 1"truuqurzvv - . . mg!? n? ?-101; a" 2? Te 3* Figure 10 Front View of shroud Page 9 0f 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 .. ?El Lot on ma?a?us ?in? Figure 12 Inside of shroud Figure 13 - Cross Page 10 0f 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 2.4 Figure 16 shows the items recovered and the coffin plate for Gary PATON. 2.5 No skeletal remains or dental tooth germs were recovered either within the grave L 181 or within the items of clothing or wrapping retreived from the grave. 2.6 The remains of the coffin and its furniture and the items from within the burial receptacle were repackaged and stored within the white coffin carrying the name plate Gary Robert PATON (Figure 17). These are retained by the Funeral Directors, William Purves. 2.7 No samples were taken for DNA or any other testing. Page 11 of 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017 3. Conclusions 3.1 The burial found in L 181 of Saughton Cemetery, Edinburgh carried a name plate indicating that the remains were that of Garry (wrong spelling) PATON. The size of the receptacle was consistent with that of a small baby. 3.2 The funerary clothing was laid out in anatomical position with the front of the shroud facing upwards. A cross was placed on the chest of the shroud. The shroud was not tied at the back. The hat was positioned at neck end of the shroud and it was not tied at the neck. The shroud was wrapped inside a woollen object that might have been a shawl. The hospital name tag was found inside the shroud. 3.3 No skeletal remains or dental tooth germs were found within the grave or within the funerary clothing. There was no evidence of decomposition staining on the shroud. There was no evidence of hair within the hat. 3.4 The only logical conclusion that we can reach is that the coffin was treated as being that of the burial of Gary Robert PATON. Clothing was placed inside in the position as if a body was contained within them, but the coffin and its contents were buried WITHOUT the mortal remains of Gary Robert PATON. Attested on soul and conscience. Page 12 of 12 Prof Dame Sue Black Dr Lucina Hackman 27th August 2017