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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Investigation => Topic started by: firstforensic on March 31, 2011, 12:27:31 PM

Title: Expert Witness Immunity
Post by: firstforensic on March 31, 2011, 12:27:31 PM
It has been announced by the Supreme Court this week that expert witnesses will no longer be able to claim immunity from legal action (Jones v Kaney).

http://www.supremecourt.gov.uk/docs/UKSC_2010_0034_ps.pdf

What this potentially could mean is that if someone is found guilty on the basis of flawed expert evidence but subsequentley acquited, they could sue the expert (e.g. fire investigator).

It may be worth checking what Professional Indemnity insurance you have or what arrangements your local authority has to pick up the bill!
Title: Re: Expert Witness Immunity
Post by: tmprojects on March 31, 2011, 11:55:01 PM
I should think so too.

recently a Doctor who has been providing expert advice in numerous cases has been found to be negligent

http://www.google.com/hostednews/ukpress/article/ALeqM5j-2IZ2SvkGwlgrtM1lmWIwq0TNrg?docId=N0324351301567215471A

'Rent an expert' comes to mind.

in my opinion, If you step into a court as an expert with the knowledge that your testimony could seal the fate of the accused. to such an extent that they are imprisoned for life. you should do so with the full knowledge that your evidence not only affects them but also you.

an expert could free a guilty person or imprison an inoccent person. they must be accountable.




Title: Re: Expert Witness Immunity
Post by: SamFIRT on April 12, 2011, 07:30:03 AM
Quote
an expert could free a guilty person or imprison an inoccent person. they must be accountable.

Agreed. and there must be no room for ego.
Title: Re: Expert Witness Immunity
Post by: Midland Retty on April 12, 2011, 12:19:28 PM
Absolutely TMP

There have been a few cases in the not-too-distant past, where there have been miscarriages of justice due to the evidence given by expert witnesses.

That said Im not trying to bash expert witnesses - I'm simply relieved there will be accountability.