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A court is not bound to accept the truth of expert evidence where other material is before the
court which is in conflict with such expert evidence and outweighs it: R v Byrne 183
The court may not reject such expert evidence where there is no rational basis for doing so and
where it is unchallenged: R v Brennan 184
Trinidad and Tobago
An expert is only required to furnish the tribunal of fact with information which is outside their
knowledge and experience: Turner 185 , Re: Chard 186 , R v Anderson 187
The expert must be skilled in the field involved but need not have acquired his skill as a
professional: R v Silverlock 188
In any criminal proceeding any document purporting to be a certificate or report under the hand
of a Government expert on any matter or thing which has been submitted to him for examination,
analysis or report is admissible as evidence of the facts stated in it without proof of the signature
or appointment of the Government expert, unless the Court, acting ex proprio motu or at the
request of a party to the proceeding requires the expert to be called as a witness.
The Court is not bound to require the attendance of the expert as a witness if the Court is of
opinion that the request for such attendance is made for the purpose of vexation, delay or
defeating the ends of justice. 189
Where medical evidence is contained in a report signed by (a) a District Medical Officer, and the
evidence relates to a fatality and is being led in criminal proceedings or in an inquest; or (b) a
registered medical practitioner and the evidence does not relate to a fatality, the report shall be
admitted as if it were the report of a Government expert within the meaning of this section. 190
183 [1960] 2 QB 396
184 [2014] EWCA Crim 2387; See also Halsbury's Laws of England Vol. 27 (2015) Para. 1–434; Vol. 28 (2015), Para. 435–957;
574 Weight and evaluation of expert evidence.
185 (1975) 1 AER 70
186 (1971) 56 CR APP Rep 268
187 43 WIR 286 at 313
188 (1894) 2 QB 776 at 771
189 Trinidad and Tobago – Evidence Act Chap. 7:02, section 19(2)
190 Trinidad and Tobago – Evidence Act Chap. 7:02, section 19(2A)
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