Forensic flaws ‘could undermine Scots justice’

THE Scottish justice system is “sitting on a ticking time-bomb” because of flaws in forensic science used in court cases the Scottish Government has failed to address, an expert has warned.

Professor Fiona Raitt, a specialist in evidence and social justice at Dundee University, fears a successful challenge could put many other prosecutions at risk and turn the system on its head.

She has called for a Scottish Government review, but admits MSPs have failed to act since she raised the issue at the Scottish Parliament’s justice committee three years ago.

“I think we need to do a little bit more work on the justice committee and others to convince them that there is a problem,” she told a Forensic Science Society conference in Edinburgh yesterday.

“But I certainly am convinced that there is a problem and I think we’re sitting on a ticking time bomb,” she added.

Problems include the emerging types of forensic evidence, such as voice recognition, and a lack of certainty over how accurate they are when being used to convict or acquit.

There are also questions about expert witnesses and their abilities, she said.

“There’s no test done at any stage to tell whether the evidence submitted is reliable. We rely on the experts,” Prof Raitt said.

John Scott QC, a leading human rights lawyer, shared her concerns.

“I do agree and there’s probably a greater fear now it is the government’s stated intention to abolish corroboration,” he said.

Lord Advocate Frank Mulholland stressed the need for training in the testing of expert witnesses.

“I find there is sometimes a fear factor among young prosecutors,” he said.