“[Expert witnesses’] duty is to furnish the Judge or jury with the necessary scientific criteria for testing the accuracy of their conclusions, so as to enable the Judge or jury to form their own independent judgment by the application of these criteria to the facts proved in evidence. The scientific opinion evidence, if intelligible, convincing and tested, becomes a factor (and often an important factor) for consideration along with the whole other evidence in the case, but the decision is for the Judge or jury. In particular the bare ipse dixit of a scientist, however eminent, upon the issue in controversy, will normally carry little weight, for it cannot be tested by cross-examination nor independently appraised, and the parties have invoked the decision of a judicial tribunal and not an oracular pronouncement by an expert. ”
“I examined the transcripts made by Miss Rees and myself. I found a vast difference in the two transcripts. I recorded that she only accurately recorded approximately 234 words spoken by Kenyon. Therefore approximately 1,800 were added.”
“... there is one specific area which I have identified …where I have completely failed to grasp the gist of the conversation and this is of extreme concern. There are also other single errors.”
“In theory, this was laudable. In practice, I take the view that as a “test” it was unfair and unreliable”
“The pros[ecution] were re-assured but sought to prove her reliability by getting a report from Quentin Summerfield who gave a positive evaluation. Then cracks began to appear as to her past reliability none of which appear in her CV. We got the video transcript re Stafford and the correspondence with her, we were concerned. There were serious doubts as to her reliability. It was the Stafford case that has influenced us most significantly. In a case at Liverpool she was to give evidence, doubts arose and she was not used.”
“As the evidence showed, you were tough negotiators, and not much was in general knocked off the true market value. There was, of course, the VAT element on top. Such was the high price that you obtained that innocent and respectable businessmen were able to purchase in good faith and then found themselves in possession of, or having sold on stolen goods. In effect, there was a fully organised, sophisticated and professional business, run on commercial lines with a sham company, fraudulent invoices, a warehouse and place of business, and even an accountant. Dishonest activities were muddled in with honest dealings and the operation might never have been uncovered had it not been for resourceful and skilled surveillance by the police.”
“I have considered the papers in your case and your grounds of appeal and have decided that your application must be refused. I accept that on a plea of guilty 10 years was a severe sentence. But the judge (who had a detailed knowledge of the case) took the view that you were the prime mover in a conspiracy involving the handling of goods worth£7 million . He was satisfied that you or someone acting for you was the liaison with the primary criminals who carried out the armed and other robberies. As your counsel accepts, most of the aggravating factors mentioned in Webbe were present in your case. The judge was in my view justified in saying that you merited a sentence near the maximum. You were entitled to credit for your plea of guilty. But you instructed your legal advisors to take PII and other points including a Newton hearing whether “offence 9” was a genuine robbery (as it was found to be). In the circumstances I do not think you were entitled to the full discount. All in all I am not persuaded that your sentence was manifestly excessive.”