An unsafe conviction with flawed DNA evidence

Summary

In this Bermudan case, the appellant successfully appealed to the Judicial Committee of the Privy Council to have his convictions quashed because of errors in the collection, examination and interpretation of the DNA expert evidence used in the trial.

Learning points

Learning points for experts

• If you are acting in a case in Bermuda should make sure you fully understand the duties of an expert witness in Bermuda which are described below.

• Make sure you include all the relevant declarations required by the jurisdiction in which you are acting in your report.

• If you are acting in a jurisdiction with which you are unfamiliar, always make sure you understand the role and duties of expert in that jurisdiction. Never assume that the duties will be the same as they are in the jurisdictions in which you normally act.

Learning points for instructing parties:

• You should provide the experts you instruct with a written record of their duties. This is especially important if the expert does not normally act in your jurisdiction.

• If instructing an expert who normally acts in a different jurisdiction, make sure you bring to their attention any material differences between their duties in the jurisdiction where they normally act and the jurisdiction for the case.

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