EXPERTS GIVING evidence in a trial cannot overbear a jury, whose task it is to decide on matters of fact, according to Supreme Court judge Ms Justice Fidelma Macken.
Ms Justice Macken was opening a conference on expert witnesses in Dublin yesterday. She warned experts that they could not state that their opinion was absolutely true. “I want to know what you base your evidence on, not what your opinion is,” she said.
“I like to see expert witnesses coming into court and also like to see them admit they don’t know the answers to everything.”
She also said there was a tendency to refer to experts from other jurisdictions to give an element of credence to an opinion, which was not always justified.
“In the European Court of Justice I found that a good Irish counsel knocked the socks off all others except perhaps a good UK or a good Austrian counsel.
“In the medical, engineering or other fields, we also have excellent homegrown experts.”
She added that it was important that expert witnesses used language that was accessible to judges and jury members. “The bane of most judges’ lives is to see a group of economists coming in to court speaking in the most incomprehensible language known to mankind,” she said.
Ray Byrne, director of research with the Law Reform Commission, told the conference that the commission would publish proposals, including a draft Evidence Bill, which would deal with expert evidence later this year or early next year. This follows the publication in 2008 of a consultation paper on expert evidence which contained a number of provisional recommendations and was followed by a consultation process.
Dr Simon Mills BL told the conference that the practice whereby expert witnesses were immune from being sued by clients should be changed, to bring Irish law into line with that in England. “A recent English case abolished the immunity and I would argue that the same steps should be taken here,” he said.
“The vast majority of expert witnesses are responsible and authoritative. However, in a few cases where expert witnesses let themselves, the court or their clients down, there should be some redress available.”
Caroline Conroy, solicitor and managing director of La Touche Training, which organised the conference, said there should be more control on the use of expert witnesses. The duty of such witnesses was to the court, not to those who instruct them, she stressed.