Cross examination of a prosecution witness by defense expert
Dr G V Rao
(Querist) 28 June 2012
This query is : Resolved
Sirs. A small query. I am a DNA expert with a long standing of 16 years. Now the Courts are being flooded by unscientific DNA reports. Not a single DNA report is without flaws. Well no one can make out and even Judges are passing orders on such substandard DNA reports. This is truth. Well in case I am hired by a Defense Advocate to test the DNA report filed by Police through Cross examination, Can I cross examine the Prosecution witness directly without assisting the Defense Advocate. Can someone tell me of the Rule position. I am not a Law Degree holder.
Arvind Singh Chauhan
(Expert) 28 June 2012
Sir unfortunately no. You may put question through defence lawyer and assist him.
Dr G V Rao
(Querist) 28 June 2012
Thanks Arvind. Does it mean that I can stand beside the defence lawyer and suggest questions to him as it flows. Does the Court allow this.
venkatesh Rao
(Expert) 30 June 2012
No. If you are a government servant, no one can hire you. The defence can take your advice and cross examine the witness.
Judges are not experts and they have to act upon the DNA reports testified through expert witnesses. Only you experts can style it as sub standard.