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Articles

Sailesh Mehta examines the role of expert witnesses

8. Jun 2021

Sailesh Mehta has written on the role of expert witnesses in miscarriages of justice for the PMFA Journal.

The PMFA Journal is a bimonthly review for the plastic, maxillofacial, aesthetic medicine and dermatology professions, providing an informative resource and a platform for collaboration and discussion

Sailesh Mehta comments that ‘Expert’ witnesses can sometimes make mistakes with great weight often placed on expert evidence. The more esoteric the area of expertise, the greater the possibility of error. Expert evidence can sometimes lead to miscarriages of justice. He comments:

"As a result of a series of high-profile miscarriage of justice cases both in the UK and in other countries, the Court of Appeal and the Law Commission have voiced mounting concern about the use of expert evidence in criminal trials. Research has confirmed that juries can give undue weight to expert evidence, particularly if it is in a complex area that is difficult for the jury to follow. As a result, there is an added burden on the judge and all parties involved in litigation to ensure the evidence is necessary, admissible and thoroughly tested before trial and in court during the course of the trial."

Sailesh Mehta has prosecuted and defended in regulatory cases for 25 years with many of his cases involving fatalities and expert evidence.

Read piece here: [The PMFA Journal]

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