Sunday 29 May 2016

Week 11 and 12 - Mock Trial

During the mock trial both barristers had shown exquisite skills allowing it extremely difficult to provide sufficient expert evidence. According to the text, yes it is essential to provide a well structured report, however I have to disagree there are other preparations required and it is not just simply answering questions.

The mock-trial allows me to grasp a clear view how expert witnesses were assessed in court. The atmosphere was definitely intense along with two intimidating barristers ready to question me. The overall experience was a great learning experience which allowed me to learn the importance of what preparation work is required when needed to provide expert evidence to the court.

A well-structured report does assist you while you are being called upon an expert witness however, for one the barristers will question the context of the report. Hence, the first major issue I had identified was the knowledge you have of your own report. In practical context, the barristers study and review from the first to the end of that expert report you are to provide to the court. By doing so, they attempt to look for weak spots and question the credibility of the expert witness to the court. And this includes knowing the detail of the report. By not being able to answer the barristers correctly, and cause panic, this allows them to question in front of the court the your credibility as a expert witness in court. If the court is satisfied, the expert evidence could be disregarded.

Another major problem that was shown in the mock-trial by the fellow students was the role of an expert witness. Although the report was not written by us students, the barrister was able to question whether the expert evidence constituted factual evidence or simply an expert's opinion. By raising such an important issue, in practical context the barrister could raise to the court to disregard certain parts of the report.

Firstly, a well structure report is certainly recommended when a forensic accountant expert witness is required to appear in court. Further, there needs to be a calm mind-set when entering the witness box allowing them not to be panicked by the barrister's questions. Also, answer precisely what the barrister is essentially asking. By providing too much information in an answer, this allows the barrister to find other details and apply pressure on certain answers that could come with strong consequences.

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