A Queensland judge has found holes in expert witness evidence and testimonies in several criminal and civil cases, urging defence lawyers to identify the qualifications of witnesses.
“If he gave the evidence which he could give as to the amount of blood which would emerge from the stab wounds and how it would emerge, it was then clearly a jury question as to whether the state of the body was consistent with Fletcher having had intercourse with her post-mortem.In other cases, Justice Davis questioned whether police were qualified enough to give evidence, notably inEvidence showed that low on the kickboards of the kitchen cupboards of the Peniamina home were blood splashes.
“A police officer trained in identifying, photographing and measuring blood stains is clearly in no better position than the jury to determine whether the splash is consistent with having been made by a kick or otherwise,” he said.
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