Importance of expert witness
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• Besides the impartiality and good judgment of the bench, the honesty of defendants and the skill of counsel, the ability and preparedness of an expert witness can play a major part in the outcome of a magistrates court hearing, An example occurred in a recent case at Ealing in May when a 32-tonne articulated unit driver and his employer pleaded guilty to operating an unsenriceable vehicle.
Bill Montague, secretary of the Brewery Transport Advisory Committee, was there with a watching brief for the ETA and has since issued a report to members.
The court was told that the brewery artic lost a pair of offside wheels on its semi-trailer while negotiating the giratory system at Hangar Lane on the A406. Fortunately, no one was hurt. Police said that the artic, carrying empties, was driven normally.
Stan Thomas, a transport consultant called as an expert witness in support of mitigating circumstances, said there were three possible causes: one, low maintenance standards of servicing; two, poor standard of workmanship by fitters; and, three, component failure (bearings). Dealing with point one, he explained that thorough inspection and servicing procedures were carried out at the workshop involved; he gave a detailed account of the documentary procedures and a specific two-year history of the trailer.
On point two, he gave the average age of the fitting staff, the number of years employed by the company, the fitter to vehicle ratio and the average number of inspections that each fitter carried out each year. In order to maintain a high standard of fleet serviceability, he said, vehicle spares worth around £40,000 were held by the workshop.
mining to this third point, Thomas pointed out that no "blueing" had occurred on any part of the bearing and blueing would have been consistent with overtightening; equally, he said, the bearing would not have covered 7,500 miles without failure had it been undertightened. He also drew the attention of the bench to the fact that the Shell Retinax grease (melting point 180°C) had not melted and was present in a substantial quantity in the hub.
Thomas showed the bench some distorted rollers and part of the outer track from the damaged race and also a complete new race. He explained that by removing the roller cage assembly, the outer track along with the brake drum and wheels would pass over the small diameter inner track and allow the wheels to come off. In reply to a police officer, who asked why the bearings needed so much adjustment, Thomas said the checks were on correct clearances in the bearings and not adjustments.
The bench granted both defendants an absolute discharge. Counsel said no plea for costs would be made and third parties would be re-imbursed by the company insurance.
The case lasted around 45 minutes.