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The law is not equipped to consider scientific dispute

BMJ 2016; 352 doi: (Published 31 March 2016) Cite this as: BMJ 2016;352:i1768

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Re: The law is not equipped to consider scientific dispute

The result of the GMCs actions has been the lack of willingness of other defense experts to render an opinion in court for fear of loss of livelihood. This has left a large void in the UK. How can you now even believe the integrity and motives of the prosecution experts? Are they testifying now to prevent a GMC response? Would any MD issuing an opinion for the state on a child dare re-consider the etiology of conditions? Is the balance of power now so irrevocably shifted to make the court impotent at fair representation?

As one judge stated in the States: "what difference does it make if the defense expert says the moon is made out of cheese, he is entitled to his opinion, the prosecution's role is to prove it is not and not to impair the defense's right to opine." If the police are losing their cases in court at the hands of defense experts, their response to discover why the state's experts have failed in making their case, not why defense experts are allowed to provide their opinions. This is injustice and tyrannical at its core.

d ayoub

Competing interests: expert witness

10 October 2016
ayoub ayoub
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