AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

erts p • in court The term "Expert Witness" should

14th January 1993
Page 43
Page 43, 14th January 1993 — erts p • in court The term "Expert Witness" should
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

be taken literally, for such a person must be someone who is not only recognised by the court as a specialist within a certain field—but also must be an expert in being a witness! That's why it often turns out in court that even the most technically gifted fall down completely because of their inability to put over their testimony in a digestible manner.

On the other hand a professional expert witness will know just how much scientific content to inject into his testimony to establish a point, while ensuring that the court can readily follow his line of reasoning in understandable language. He will also know what testimony is admissible (and, more importantly, what isn't) as well as knowing how to address the court so he doesn't appear to be on the offensive by just laying down a one-sided technical barrage in support of his client.

But above all else the expert witness must be able to retain his composure during cross-examination, for it's here that the expert witness has ct duty both to his client and the court to ensure that he maintains the utmost credibility while demonstrating his absolute impartiality.

As the courts see it, the role of the expert witness is to assist it to arrive at the correct conclusions; not just to act in the best interests of the client.

The most common use of expert witnesses within the transport industry is in defending police prosecutions where he or she will normally be the last to give evidence.

This testimony will be also be concluded by the crossexamination. This can be a crucial point in the trial, for if he's failed to give the right answers or lost credibility as an expert, -with his words still fresh and ringing in the ears of the magistrates or jury, he could be instrumental in snatching defeat from the jaws of victory.