The Post Office Horizon IT Inquiry and the importance of Expert Witness training

From 25 to 28 June, Mr Jenkins, former Distinguished Engineer at Fujitsu Services Ltd, gave evidence to the Post Office Horizon IT Inquiry on the expert evidence he provided on the Horizon IT system. Mr Jenkins told the Inquiry that he was unaware of the duties of an Expert Witness until the end of 2020. He accepted that he had received a letter from his instructing solicitors in 2005 clearly setting out the duties of an Expert Witness, but that he had not understood the significance of these duties or subsequently remembered them. Mr Jenkins later noted that he had not been offered any training opportunities to support his role as an Expert Witness.

The EWI has long argued that Expert Witnesses should be required to have training in their duties under the relevant procedural rules, practice directions and guidance, as well as the practical aspects of an Expert Witness's role. Simply providing a written explanation of these duties is not sufficient.

The EWI has developed Core Competencies for Expert Witnesses, which form the basis for all of our training courses.  All members of the EWI have demonstrated proficiency in these core competencies, in addition to expertise in their own field. This training is not overly burdensome and can be obtained from the core training modules that EWI provides on a regular basis. We also recognise the expert witness training provided by other credible training providers.  

However, despite its availability and affordability, many Expert Witnesses do not seek training. While we await with interest the outcome of the Inquiry on this point, we urge policy and rule makers, and the judiciary, to consider how to ensure that Expert Witnesses fully understand their duties and know how to apply them.  

Simon Berney-Edwards, Chief Executive Officer of the Expert Witness Institute, said

"The Expert Witness Institute promotes the importance of impartial, independent expertise to support the proper administration of justice. Our members sign up for a code of conduct which embodies this.

Is it not time that the Judiciary consider the importance of the proper regulation of Expert Witnesses and seek to ensure that anyone giving evidence in cases have the relevant training and sign up to a code of conduct such as ours? This is yet another high profile case of someone acting as an Expert Witness without having any regard to their duties to the Court or any training.

How many other cases do we need to encounter before the regulation of Experts is considered?"