Is Your Expert Witness Suitably Qualified?
A trial has collapsed recently in a fraud prosecution as a result of the prosecutions reliance on an unqualified witness. Narita Bahra QC and John Carl Townsend exposed fundamental disclosure failings which resulted in the collapse of a major carbon credits and diamond prosecution as reported here
The defence team applied to cross-examine the ‘expert’ in a voir dire hearing before he was permitted to give evidence to the jury. It was during this hearing that he was found to be lacking in qualification and experience in relation to his stated expertise. He did however tell the court that he had once seen a documentary on the subject! You really could not make it up. The case makes for disturbing reading and I would like to say we are surprised by this.
Read more






