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09 March 2007 / Peter Gooderham
Issue: 7263 / Categories: Opinion , Expert Witness , Procedure & practice
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Expert evidence assessed - again

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Peter Gooderham considers the latest controversy concerning medical expert evidence given for the prosecution

In a statement to the House of Lords on 20 February 2007, the Attorney General announced a review of cases concerning possible non-disclosure of evidence held by an expert paediatrician who had appeared for the prosecution in criminal cases. The expert concerned, Professor David Southall, is the subject of a professional disciplinary hearing at the General Medical Council (GMC); the proceedings are currently adjourned until November 2007.

This development is no surprise to those following the GMC proceedings. One of the allegations against Southall is that he “acted in a way which was not in the best interests of children and which amounted to keeping secret medical records on them”.

The suggestion that ‘secret’ medical records exist leads to the question: did they form part of the medical records disclosed by the prosecution to the defence? The press release of 20 February from the Attorney General’s chambers indicates that there are believed to be about 4,450 ‘special

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