Lessons from COSCO Shipping Heavy Industry (Dalian) Co Ltd & Anor v Osta Fleet Sdn Bhd

The Case: Digital Manipulation of a
Builder’s Certificate

In this case, the dispute centered
around the ownership and registration of a vessel, with the authenticity of a
Builder’s Certificate being a pivotal issue. The plaintiffs alleged that the
certificate submitted for the vessel’s registration had been digitally forged.

Forensic Findings

A forensic document examiner, acting as
the plaintiffs’ expert, undertook a detailed analysis of the disputed
certificate. Her key findings included:

·      
Non-Genuine Signature: The signature of the representative on
the Builder’s Certificate was not handwritten but was instead an inkjet-printed
toner image.

·      
Printed, Not Wet Ink, Stamps: The Commissioner for Oaths’ stamp and
signature were also printed, not made in wet ink as would be expected on an
original document.

·      
Identical Features Across Documents: Through overlays and comparative
analysis, the expert demonstrated that the signatures and stamps on multiple
documents were identical in design, size, spacing, and alignment—an occurrence
that is statistically “almost impossible” if done naturally.

Court’s Acceptance of Forensic Evidence

Justice Atan Mustaffa gave significant
weight to the forensic evidence. The court concluded:

·      
The
document was artificially created using a cut-and-paste method.

·      
The
statistical improbability of identical positioning of stamps and signatures
across documents strongly supported the finding of digital forgery.

·      
The
methodology, rooted in traditional forensic comparative analysis, proved
effective even in the context of digital manipulation.

Methodologies for Detecting Digital
Forgery

Traditional Forensic Comparative
Analysis

·      
Visual Comparison: Examining physical and scanned
documents for inconsistencies in signatures, stamps, and other features.

·      
Overlay Technique: Superimposing images of signatures or
stamps from different documents to detect identical features.

·      
Statistical Analysis: Assessing the likelihood of identical
placement and features occurring naturally.

Emerging Digital Techniques

While the case primarily relied on
traditional methods, it highlighted the potential for more advanced digital
forensic approaches, such as:

·      
Provenance Analysis: Tracing the origin and transmission
path of a document, including email trails and version histories.

·      
Metadata Analysis: Examining hidden properties within
digital files (creation date, modification history, software used) to detect
anomalies or inconsistencies.

·      
File Integrity Checks: Using cryptographic hashes to verify
that a file has not been altered since its creation.

Implications and Future Directions

The COSCO Shipping case demonstrates
that courts are increasingly willing to accept forensic analysis of digital
manipulations, especially when presented with clear, visual, and statistical
evidence. However, as digital forgery techniques become more sophisticated,
legal practitioners and experts must expand their toolkit to include:

·      
Digital provenance and metadata
analysis

·      
Automated detection tools for image and
document manipulation

·      
Cross-disciplinary expertise combining
traditional forensic science with digital forensics

Conclusion

Digital forgery poses significant
challenges for the integrity of legal proceedings. The COSCO Shipping case
exemplifies how courts can adapt traditional forensic methods to the digital
context, while also pointing toward the need for broader adoption of digital
forensic techniques. As document manipulation becomes more advanced, the legal
system must continue to evolve, ensuring that justice is not derailed by the
tools of the digital age.