Page 384 - Magistrates Conference 2019

books which he declares to be the authority on the foreign law in question, and those books the
court, having received all the necessary explanations from the expert may construe for itself. 153

It is the duty of the judge to decide whether the skill of any person whose opinion is offered is
sufficient to entitle him to be considered as an expert. 154

The expert’s opinion as to the existence of the facts on which his opinion is given is inadmissible
unless he perceived them himself. 155

Where a fact though inadmissible in evidence, may, with the judge’s permission, be proved if it
supports or is inconsistent with the opinion of the expert when that opinion is admissible. 156

Where there is a question as to the person who wrote or signed any document, the opinion of any

person acquainted with the handwriting of the supposed writer it was or was not written or

signed by him is admissible in evidence. Any comparison of a disputed writing with any writing
proved to the satisfaction of the judge, to be genuine may be submitted as evidence along with

the evidence of the witnesses respecting them. 157

Where the opinion of any living person is admissible in evidence, the grounds on which the

opinion is based are also admissible. 158

Jamaica

The current legal position in relation to reliability of the expert evidence is that the expert
evidence in question must be sufficiently well established to pass the ordinary test of relevance

and reliability, that is to say, it must be sufficiently reliable to be suitable for a jury to understand
and consider. It must be noted however, that because questions of fact are within the sole

purview of the tribunal of fact (the Parish Court Judge), it is open to the jury to reject the opinion
of an expert and draw their own conclusions bearing in mind the evidence of the case: R v

Carletto Linton and Others 159

153 Guyana – Evidence Act Cap. 5:03, section 16(4)
154 Guyana – Evidence Act Cap. 5:03, section 16(5)
155 Guyana – Evidence Act Cap. 5:03, section 16(6)
156 Guyana – Evidence Act Cap. 5:03, section 17
157 Guyana – Evidence Act Cap. 5:03, sections 18(1)(2), 19
158 Guyana – Evidence Act Cap. 5:03, sections 18(1)(2), 20
159 SCCA Nos. 3, 4, 5 of 2000
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