The Medicolegal Issues Surrounding the Case of Steven Truscott -a Forensic Pathology Perspective

Abstract

One of the most difficult and controversial issues for any forensic pathologist is the determination of time of death. One of the best known cases in Canadian history that exemplifies this was that of Steven Truscott, who was convicted of murdering his classmate in 1959. Estimation of the time of death was critical, and largely done by examination of stomach contents at autopsy. Expert opinions on time of death using stomach contents and gastric emptying were largely anecdotal; there was insufficient scientific literature to support such precise estimations. The use of such evidence was key in Truscott's conviction and represents one of the great miscarriages of justice in our system. The conviction was overturned in 2007. Over 50 years later, despite a large body of scientific research in both the clinical and forensic fields, estimating the time of death from gastric emptying times remains largely inaccurate.