13 December 2024 Sean Mosby 502 Case Updates An unsafe conviction with flawed DNA evidence bySean Mosby 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. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags 06. Rules and Regulations11. Report Writing15. Giving Oral Evidence16. Criticism and ComplaintsBermudaDNA EvidencePrivy Council Related articles Ivan Norman v N & CJ Horton Property (a firm) [2024] EWHC 2994 (Ch) Navigating the excessive difference in valuations from two Expert Quantity Surveyors Expert evidence in judicial review proceedings Postponement of the Extended Fixed Recoverable Costs Stocktake and Uprating of Fixed Cost Medical Reports Lost in translation Switch article Day in the Life of a Financial Expert Previous Article Transparency and Open Justice Board Key Objectives Next Article Comments are only visible to subscribers.