ARTICLE · 12 APRIL 2022

Expert evidence

Doogue + George Defence Lawyers

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Expert evidence, from pathologists, psychiatrists, or other specialists, is common in many cases, including jury trials.

AustraliaLitigation, Mediation & Arbitration

Josie Giarrusso

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The Honourable Peter Davis, QC, Justice of the Supreme Court in Queensland and Joshua Jones, a barrister at the Queensland Bar, gave an engaging seminar on expert evidence at the Australian Defence Lawyers Alliance (ADLA) recently. Expert evidence is common in many cases, particularly jury trials. Scientists who specialise in DNA, pathologists, psychiatrists and neuropsychologists are all expert witnesses.

The biggest takeaway for me was to always probe deeper when working on a case where the prosecution are relying on expert evidence. Don't take expert evidence at face value. Always interrogate it, subpoena material that has been provided to the expert from the prosecution, including all communications, and ask yourself is this person really an expert?

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