1 EXPERT EVIDENCE The evidential value of the expert’s testimony will depend on the expertise of the expert. Reference should be made to the qualifications, experience, knowledge of the subject. The evidence will be assessed on the reliability of the evidence. If possible the evidence will be assessed if there is corroboration of the evidence.

2 REQUIREMENTS FOR EXPERT EVIDENCE The opinion should be: Accurate Impartial Objective Reliable

3 WHAT THE COURT WOULD EVALUATE Whether the witness is an expert in his field Whether the expert’s opinion is based on sound reasons, which is based on the facts of the case. Whether the court’s factual findings in the case supports the expert’s opinion. The extend to which the expert’s evidence is undisputed and/or corroborated by the factual findings

4 REQUIREMENTS FOR USE OF TEXT BOOKS BY THE EXPERT Text books or articles must be trustworthy. The text books and articles must be leading texts in the expert’s field. Opinions expressed in text books inadmissible unless confirmed under oath by expert. Court not to rely on opinion in textbook in order to explain inconsistencies in expert testimony on point in issue, except part specifically referred to by the expert. Other parts of the text cannot be taken into account by the court. Mere referring to text books would be inadmissible hearsay.

5 RULES WHEN EVALUATING EXPERT EVIDENCE The expert’s qualifications, experience, expertise and knowledge must be put before court The basis for the opinion must be before court, which must be based on fact. The opinion of the expert must not displace that of the court. The expert’s prime function is to guide the court to a correct decision on questions falling within the expert’s field. S v GOUWS 1967(4) SA 527 (EC)

6 The evidential value of a J88 A form J 88 is intended to be completed as unsworn certificate relating to a condition of a person alleged to have been involved in some way in crime. Without doctor’s oral evidence, a non-complying certificate in terms of Section 212(4) and (12) is not admissible at all. Where a doctor has moved abroad, a J88 may be submitted in terms of sec 34 of the Civil Proceedings Evidence Act 25 of 1965 read with sec 222 of the CPA 51 of Le Roux v Pieterse (607/2010) [2012] ZAECGHC 74 (27 September 2012)

7 Requirements for a certificate in terms of Section 212 (4)(a) The person signing the certificate must also allege that he or she is in Service of the State or qualified in some manner contemplated by s 212(4). That he or she established facts recorded in the certificate by means of examination or process requiring skill in one or more of disciplines contemplated by s 212 (4).

8 Assessors The Prosecutor may in terms of Section 150 of the CPA address the court about the evidence he intends to call. The court can then decide in the light of the complex medical evidence in the case study to appoint assessors. The assessors must have experience of the specific medical matter to assist the court when the expert evidence is assessed.

9 The assessors’ role in criminal proceedings A question of law must be decided by the presiding officer alone. The presiding officer determines whether a particular matter is a question of law or of fact. An assessor is a member of court. Two assessors may overrule the presiding officer on factual questions.

10 Assessors’ importance Assist the court to make a finding on matters that may be outside the court’s legal experience. With their participation in judicial decision- making they also represent community involvement. The presiding officer must ensure that questions put by an assessor are proper, otherwise an irregularity can be committed which could lead to the setting aside of the proceedings.