A judge's decision to allow expert witnesses immunity
from disciplinary proceedings over remarks made in court had no support
from the discredited paediatrician Sir Roy Meadow or from the General
Medical Council, the Attorney General told the Court of Appeal
yesterday.
As guardian of the public interest, Lord Goldsmith was
making a rare intervention in the GMC's appeal against a High Court
ruling by Mr Justice Collins in February.
Sir Roy, whose statistical error in 1999 led to the
wrongful conviction of Sally Clark for the murder of her two young sons,
had appealed against a finding by the GMC's fitness to practise panel
that he was guilty of serious professional misconduct and should be
struck off.
Allowing his appeal, Mr Justice Collins created a new
immunity for all experts covering evidence they gave in court. The only
exception would be if a judge had referred the case to a disciplinary
body.
Before the court began hearing the GMC's appeal
yesterday, Lord Goldsmith told three senior judges, headed by the Master
of the Rolls, Sir Anthony Clarke, that the immunity would cut down a
disciplinary body's freedom to investigate complaints.
"This would be an illegitimate development for the
common law," he said. "It is crucially important that expert witnesses
should assist the court conscientiously and objectively, rather than
being tempted to give any evidence that suits their client's case."
He said it was inappropriate for the judge to lay down
new law when there was no urgent need to do so; it was inconsistent
because experts would not be freed of the fear that they might face
proceedings if a court referred the case up; and it was unprincipled
because someone else's trial was not the place to assess an expert's
competence.
There would also be practical problems, for example in
cases in which an expert's incompetence did not come to light until
after a case was over.
Lawyers for the GMC argue that the decision over Sir
Roy rendered it "toothless" against professionals acting as experts in
court cases.
The court is expected to reserve its judgment.