R v Fitzpatrick (Gerald) (11 February 1999) Court of Appeal, Criminal Division

United Kingdom

This case involves the appeal by Gerald Fitzpatrick against a conviction for drug trafficking offences. Although not an environment related case, the judge did consider an interesting point with regard to expert witnesses. He stated that, even though it is important to direct a jury as to the status of an expert witness and to make it clear to the jury that it is not bound by the opinion of such a witness, the direction need not be made in any particular way and the principle should not be elevated into an inflexible requirement. The court held that there is no automatic ground of appeal where a particular form of wording was not followed. (Times Law Reports, 19 February 1999)