header-logo header-logo

20 September 2024 / Mark Solon
Issue: 8086 / Categories: Opinion , Criminal , In Court , Expert Witness
printer mail-detail

Calling your expert: stick or twist?

189734
Lucy Letby’s defence team’s decision not to call their experts to the stand highlights the potential benefits & risks of oral testimony, says Mark Solon

The trial of Lucy Letby and the recent Court of Appeal’s rejection of her application for leave to appeal against her convictions raises issues of expert witness credibility, independence and expertise (the full judgment can be accessed at R v Letby [2024] EWCA Crim 748). The matter has generated many conspiracy theories as to Letby’s guilt and some of these are based on the fact that although the defence had instructed expert witnesses to produce reports, they were not called to give oral evidence. Let us look at why the defence may not have called their experts, although we do not know what those reasons actually were.

Grounds & response

The applicant’s grounds of appeal included that the trial judge was wrong not to direct the jury to disregard the evidence of the main prosecution expert witness, Dr Evans, and to reject the submission of no case to answer at the close

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll