Being a Forensic Expert Witness for a day!

Recently, our class participated in a mock trial. I was praying I would not get called up. But with my luck, I knew I'd be in the witness box soon. We all ended up being expert witnesses. It was truly the most terrifying experience I have had at uni but in hindsight, a very valuable 5 minutes. So here's my experience on being an expert witness!  

QUT Law Moot Court

For all those who think being an expert witness is fun, exciting and glamorous, I would beg to differ. Nerves meant that the most basic question was incoherent. As the barristers explained, forensic expert witnesses are mostly only just one part of the puzzle. There are many other professions that are a part of trial. And the barristers run the show!  

Recollecting from my rather short career, here are my recommendations for you all you budding forensic expert witnesses out there.

•   Know your report inside and out! Back to front! I learnt this the hard way. In the mock trial, the judge called me up to the witness box. However, both the prosecution and defence mistakenly examined and cross examined on a part that was not allocated to me. Even though I had read over that section, I wasn’t fully prepared as I was for my section. It felt like even the prosecution was cross examining me.  Know your material, otherwise you won't come across as much of an expert. 
  

•  Don’t be too defensive of your report. Although it is instinctive to defend your own work, this may make the judge not trust you as a witness.

• Duty to the court. Your duty as the forensic expert witness is to the court, not to your client. Be impartial. 

•  Good communication skills.

•  Know the rules of the court. Not all case ends in court. However, if it does, it may be beneficial to be aware of court procedures.
• Do not give into concessions. 
• Talk and engage with the judge and tell the court. You need the judge to trust you. 

The mock trial clearly showed that it is indeed not the expert witness that runs the shows, the barristers were the ringmasters.The judge made it clear not to take the cross examination personally however I'm sure it nearly reduced a lot of people to tears. It certainly was not for the faint hearted!

It was not an exciting experience but it taught me why witnesses often recall being in the witness box the worst day of their life. As interesting as the proceedings was, I think the daunting aspect of giving evidence has put me off ever becoming an forensic accountant. Maybe with more experience, my attitudes will change 20 years down the line. Until then, I’m happy being behind the desk than inside the witness box.  

Interesting Reads

http://www.flexstudy.com/catalog/schpdf.cfm?coursenum=95063