Monash Memo - 25 July 2001

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Forensic institute aims to improve expert witnesses

Monash's new International Institute of Forensic Studies (IIFS) aims to conduct research and develop programs for all professionals connected with the work of the courts.

Launched last week by High Court Justice Michael Kirby, Monash Law School's most recent institute is the first of its kind to be cross-disciplinary in its approach to forensic studies - 'forensic' used in its broad sense of relating to the courts.

Professor George Hampel QC, a former Supreme Court judge and chair of the Australian Advocacy Institute, is president and founder of the institute.

He said IIFS would develop educational programs and research to help break down the barriers between the judicial system and the professionals who act as expert witnesses.

This will include developing workshops, courses and conferences for people from non-legal professions including accounting, engineering, architecture, psychology, medicine and information technology.

"There is a need for non-legal professionals to understand how the legal system works, the roles of people in court, how evidence is evaluated, how to present evidence and how to improve their performance as witnesses," he explained.

He said a survey of the Australian judiciary showed great concern existed about the lack of objectivity of expert evidence provided in the courtroom.

"As our world gets more complex, courts rely more and more on expert evidence, and this becomes a very serious issue worth researching and teaching so the quality of expert evidence can be improved."

"Many experts are concerned about giving evidence in court because they don't feel they understand their role or the role of the advocates and courts, and are worried they will be treated unfairly.

"They feel they are not able to explain themselves sufficiently or they don't understand the role of being a witness. We feel education can help improve this situation."

He said the institute had already held a workshop for Australian Federal Police experts in Canberra and was now preparing a Monash Graduate Certificate in Forensic Studies for the Institute of Chartered Accountants.

Research areas on the agenda include investigating to what extent people's impaired states of consciousness are linked to their criminal responsibility and mental health professionals' risk assessment of future violent behaviour by criminals.

Other subjects of interest for research are the stresses of juries and jurors, judicial skills training for judges and the issue of barristers' immunity.

The forensic institute will host an international conference, 'Expert evidence: causation, proof and presentation', in Prato on 2 July. Those interested in submitting papers should contact IIFS director of research Associate Professor Bernadette McSherry on extn 53353.

Caption: (From left) Law dean Professor Stephen Parker, IIFS vice-president Professor Ian Freckleton, IIFS director of research Associate Professor Bernadette McSherry, High Court Justice Michael Kirby and IIFS president Professor George Hampel.