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Tuesday, 11 July 2006 09:55
BNN: British Nursing News Online · www.bnn-online.co.uk
Expert witness immunity 'wrong'
The Attorney General Lord Goldsmith has told three appeal judges that it is not up to a court to decide if expert witnesses should be immune from disciplinary action.

"Dangerous expert witnesses and practitioners ... should be prevented from continuing to endanger the court process," Roger Henderson QC, for the General Medical Council (GMC), told the hearing at the appeal court in London.

The GMC is appealing against a high court ruling last February clearing a retired paediatrician, Professor Sir Roy Meadow, of serious professional misconduct. Sir Roy gave misleading statistical evidence at the trial of Sally Clark, who served nearly four years in prison before her convictions for murdering her two young sons were quashed in 2003 on a second appeal.

Lord Goldsmith told a panel of three judges sitting in London he was not seeking to raise any issues about Sir Roy's conduct, or the GMC's decision to strike him off.

However, he said immunity for expert witnesses should not be an issue for the court to have to decide.

He said: "It is crucially important that expert witnesses should assist the court conscientiously and objectively, rather than being tempted to give any evidence that suits their client's case.

"To that end, the threat of fitness to practice proceedings against them provides an important check which is calculated to assist significantly in the administration of justice and also to promote public confidence in the judicial process”.

John Batt, a lawyer who advised Mrs Clark's legal team, said he was also concerned about the ruling.

He told BBC Radio 4's Today programme: "The effect of this new law by Mr Justice Collins is it, in effect, neuters any professional bodies... that have experts who give evidence in court.

"It means they can't take any action against them no matter how badly they behave”.

But Tom Magner, from the Society of Expert Witnesses, said it was "essential" for experts to be protected by the courts from disciplinary action by professional bodies.

He said: "If expert witnesses are deterred... it restricts the pool of expertise that's available to the courts and must therefore effect the ability of the court to make fair decisions”.


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