Shaun Hesmondhalgh has been an Expert Witness since 2016, specialising in cases involving dog welfare, dangerous dog behaviour, and dog-related human fatalities. He tells us about how he became an Expert Witness, the importance of industry experience over academic qualifications, and why his expertise is more in demand than ever.
Before I was an Expert Witness, I spent 24 years in the Royal Air Force Police (RAFP).
I started off as a police dog handler, before managing different police dog sections throughout the military, and eventually moving to the Special Investigations Branch.
My last inquiry was a gross negligence manslaughter case – a young airman had been killed in an avalanche in Germany. During that inquiry, we had to employ an avalanche Expert Witness.
It was a long investigation, and I ended up working with the Expert for two years. It sparked an idea in my head about what to do when I left the Air Force and how to put all my skills together. That’s where the idea to be an Expert Witness specialising in dogs came about.
I left the RAF in 2012 and set up my business, The Way Of The Dog.
At first, my focus was on training and behaviour modification with a view to eventually become an Expert Witness. But when I was setting up my website, I realised I already had the knowledge and experience – so what was I waiting for?
I got my first instructions in 2016 from a recognised criminal dog law firm. It all took off from there and, year on year, my business has grown.
My area of expertise is pretty unique in that I’m dealing with a dangerous, live animal.
There is a massive practical side to my work – I'm handling one to three dogs each week for legal cases. Some of the dogs have the capacity and capability to be extremely dangerous, so my handling skills and attention to detail need to be on point.
My work as an Expert Witness continues to give me exposure to working with dangerous dogs.
I'm assessing dogs that have been seized by the police for the courts. My skill set and my knowledge are routinely being tested, because I'm right at the coalface working with some of the most dangerous dogs in society.
You can’t become an Expert Witness without experience.
Being an Expert working with dangerous dogs requires more than just university academia. You need years of working with and alongside the full spectrum of dog breeds and types.
My cases are 90% criminal, 10% civil.
I’m involved in a lot of interesting prosecution work with the police, but I’m usually instructed by the defence. The defence work is predominantly funded by the legal aid agency – there are only a small number of cases that are privately funded. That’s because there is a cost attached to instructing an Expert Witness, and that cost can’t always be covered in cases that don’t qualify for legal aid.
As an Expert, you need to understand how to deal with people, be able to say no, and have the strength to argue your case.
Mission creep [the expansion of the Expert’s role beyond the specific scope they were instructed to address] can be an issue. I’ve seen it happen: where an Expert’s overriding duty to the court is not being observed. But I don’t feel pressure from barristers or solicitors.
It's not for me to decide whether a dog should be destroyed or returned to its owner. My role is to provide a comprehensive, reliable and robust behavioural profile of each dog to the court to enable it to make a decision.. Ultimately, it’s up to the court to reach its final decision.
I’m currently the only dangerous dog legislation Expert registered with the EWI.
I would always advise people in my industry to seek appropriate training in order to become an Expert Witness. What I liked about the EWI was that it was a challenging process to join, ensuring that appropriate scrutiny took place. I view it as a way to differentiate between genuine Experts and those claiming expertise.
My Expert Reports are usually long – and for good reason.
I know a lot of Experts say that the Expert Report should be kept concise. But the kind of cases I deal with are complex. And, because of the nature of the cases I’m instructed on, I have not yet been asked to adhere to the 20 page limit set out in the CPR.
In the past four years, I’ve dealt with cases involving eight human fatalities. For me to produce a 15,000 word report isn’t unusual. The report needs to be as detailed as required in order to ensure that the court has a full understanding of what has taken place.
As an Expert Witness, you need to understand different viewpoints in order to present a balanced view.
To give my Expert opinion, I need to understand all the methodologies and ideologies that underpin the dog behaviour industry – regardless of my personal opinion on them – in order to fulfil my duty to the court.
I’ve worked on a lot of emotional cases.
I've dealt with many cases where children and adults have nearly been killed, or killed. As an Expert, I have to try to distance myself from the emotional side of this and concentrate on the work that I’m instructed to undertake.
We had a motto in the RAFP: without fear or favour.
There’s an element of that in Expert Witness work. You've got to look at the case, dissect it, understand it, and then put your report together in line with the instructions and your overriding duty to the court.
The dog population has exponentially increased over recent years.
According to the trade body UK Pet Food, it has increased three million over the past five years. That's partly why there have been so many incidents, because ultimately there are so many more dogs in the population.
There are also more big dogs, more guardian type breeds, and more formidable breeds around. The Dangerous Dogs Act isn’t specifically failing us as a society: dog ownership and dog breeding is failing, leading to tragic incidents.
I love working with dogs.
And I enjoy testing my own understanding and trying to understand the motivational state [what was driving the dog to behave aggressively] of a dog and the functional reward [what the dog is getting out of behaving aggressively] during any dangerous dog incident that has made its way to court.
I like going to court.
I would rather attend in person than by video link. I feel that the best place to be is standing in the court, front and centre, so you have that human interaction. It's a proper conversation with whoever's cross-examining you. Everyone can see your passion, enthusiasm, knowledge, and integrity when you’re there in the flesh