What is Expert Evidence?
What is expert evidence
These are evidence given by individuals who professed to be an expert in a particular field in relation to matters or knowledge that the court is lacking when they are determining a case. In could include areas of expertise such as medical science, cyber-security issues, foreign laws, etc.
Why is there a need for an expert to weight into matters? The answer is simply this: while it is true that a judge who sits alone is entitled to weigh all the evidence and to derive to a conclusion based on his findings, sometimes a judge (through no fault of his own) might not have the necessary expertise in certain fields to make a sound judgment on a matter. It is therefore prudent to call upon an expert to give his/her opinion before arriving to a safe conclusion.
Below is a quick guide on the topic of expert evidence.
The legislation governing this topic
Evidence Act. Section 45 of the Act states:
“When the court has to form an opinion upon a point of foreign law or of science or art, or as to identity or genuineness of handwriting or finger impressions, the opinions upon that point of persons specially skilled in that foreign law, science or art, or in questions as to identity or genuineness of handwriting or finger impressions, are relevant facts. Such persons are called experts.”
Can anyone and everyone give expert evidence in court?
No. In fact, there are certain rules that a person (or expert) needs to observe before giving evidence in court. They are:
- The expert should first state his qualifications as an expert.
- He should then state that he has given evidence as an expert in such cases and that his evidence has been accepted by the Courts.
- Once that is out of the way, he can then proceed to describe the matter that was examined by him; and
- Give his opinion on the matter.
It must be noted that the rules above do not apply to gazetted experts.
What about academic qualifications?
Academic qualification, while it is a means to an end, is not everything. In Dato Mokhtar Hashim & Anor v Public Prosecutor, the court held an expert opinion still counts even though he might not have the necessary qualifications or formal training, provided that he can satisfy the court he has the relevant expertise in his particular field through the experience he gained from the work he has done.
What about conflicting expert opinions?
The court has no obligations to side with any expert and is free to choose which opinion is to be preferred to that of another, as long as:
- The court is able to give its reasons as to why it prefers one expert opinion over the other.
- The reasoning gave as to why it prefers one expert opinion over the other is logical and sound.
Must the court accept the expert opinion at all?
No. After all is said and done, the court must still come to a decision based on his own judgment and findings. The expert evidence is merely there to aid the judge in times of uncertainties.
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