LEV3701 EXAM PACK 2018 and 2019 (Verified)

2.1. Generally, the following three requirements have to be met when opinion evidence is at issue: 1. The court should be satisfied that the expert is capable of giving evidence about the specific issue. In other words, a foundation for the expert's expertise must be established. It is therefore very important to test her expertise by asking searching questions on her qualifications (and even the date when they were obtained), practical experience in her field, as well as her previous track record as an expert witness. 2. Secondly, the court must be generally informed of the reasons and grounds upon which the opinion is based. This will enable the court to compare the expert's findings with other findings of fact in the particular case to see whether the expert's findings are corroborated by them. 3. Thirdly, the court need not rely on the opinion of an expert witness. If, however, the evidence is of such a technical nature that the court cannot make a reliable inference, the court must rely fully on the evidence given by the expert. 2.2. Correct approach is to weigh up elements pointing to the guilt of the accused against the elements that are indicative of innocence •Must take into account inherent strengths and weaknesses and probabilities of both sides 3 | Page