Effective cross exam of expert witnesses

Effective cross exam of expert witnesses - by Justice Vazeer Alam on 17.5.2017

1. Analyse n mine report for strengths n weaknesses - plan, think ahead (closing speech) n strategise.

2. Discuss with own expert.

3. Ascertain if expert has applied undisputed facts to medical theory.

4. Principle - be schooled by an equally competent expert in the field;

5. 4 lines of attack

a) relevancy n admissibility - s45 science or art: Chandrasekaran 1971 1 MLJ 153
- expert's background
- prior court testimony n reports
- early part of x exam should b reserved to elicit admissions rather than pursuing credibility challenges

b) weaken the factual foundation - conclusion of expert not borne out by facts or he relied on disputed facts;   attack assumptions as unreasonable or wrong; facts expert failed to consider;

c) weaken impact of expert's opinion - need to master subject. Expert must have properly followed rules, procedures, methodology n conventions of his discipline.  This can b open to attack. Challenge or eclipse
- theory
- methodology
- opinion by contrasting it with opinion of leading authorities
- exposing opinion as a matter of judgment rather than scientific conclusion
- insufficiency of data
- bias or partisanship
- contradicting south expet's previous statements or testimonies

d) rebuttal opinion

Browne v Dunn