COURTING DISASTER

By John Rankin
Contact the author via Chris Johnstone by e-mail at christopher.johnstone@ntlworld.com

Well, today (Thursday), I spent five minutes in the witness box in the High Court in Edinburgh. The first two were spent telling the jury my full name, my qualifications, my length of experience as a Police Surgeon (16 years) and that my normal occupation was as a general practitioner.

I was then told that the prosecution and defence counsels (all three) were agreed that I had examined the accused on the specified date, and that I had noted “extensive bruising and swelling of the dorsum of the left foot.” I was asked by the Advocate Depute that if the injury had been caused by kicking, what sort of force would be required to cause such swelling and bruising, and the only word I could think of was “significant.”

I was then asked whether the type of shoe worn might have a bearing on the type of injury, and was asked to look at production X. Unfortunately, production X was in a sealed brown paper bag with no viewing window, and it could not be opened because it did not have a decontamination certificate!

I was asked to accept that the bag contained a pair of trainers, and whether that knowledge would alter my opinion. After replying “No”, I was politely thanked for my evidence. In turn, each of the three defence counsels then intimated that they had no questions for me in cross-examination, and I was excused by M'Lord.

As this was the third time the trial had been called, (no explanations given for the two previous postponements), I suppose I was lucky - two policemen in the witness room had been sitting waiting daily since Monday, and had still not given their evidence. What exactly my tour-de-force on the stand contributed to the justice procedure, I do not know, as it appeared obvious that such evidence as I had to give could have been agreed in advance of the trial.

Unfortunately, this example is all too typical of the shambles which currently passes for the Scottish Criminal Justice System. Constant delay, repeated postponement, little, if any, precognition to establish what may or may not be uncontested evidence - these are the norm for those of us helping the police with forensic work.

Two years ago, a number of us - police, public and medical witnesses - were left in the witness room in the High Court in Edinburgh, because no-one had informed us that the sitting had finished for the day forty minutes earlier! My subsequent tirade letter to the Herald resulted in the ultimate accolade - an appearance on the Lesley Riddoch show on Radio Scotland!

Unfortunately, despite assurances by lawyers who were also on the programme that the inquiry and review by Lord Bonomy would sort out the problems in the administration of justice, little has happened to improve the system. Since that time, I have received nearly one hundred citations, but have appeared in court on only three occasions.

More often than not, I have to phone an increasingly overworked and harassed Procurator Fiscal service to point out that while my name might appear on the witness sheet, my involvement was purely to take a blood sample and that this is invariably agreed evidence.

Police work for GPs is an interesting and well-remunerated job which can be carried out in conjunction with general practice. Court appearances are infrequent in practice, and it can be quite entertaining to cross swords with a defence counsel who persists with a “Is it possible, doctor?…..” line of questioning - (anything is possible!). The problem which must be sorted out is the uncertainty relating to when and if you must appear in court, and this can only be done by proper precognition and discussion about what evidence is significant and relevant to the case by prosecution and defence. This applies even more to the police who do not have the ability, as I do, to say that I will not come to court until I am guaranteed a time to be taken, so that a locum can be arranged. The Advocate Deputes are usually very accommodating to this stance, realizing that patient care would be compromised if this were not so.

Today's little jaunt has cost you, the taxpayer, a rail ticket to Edinburgh and a morning's locum fee. I am sure you will all be happy to have contributed to the cause of justice.

P.S. if anyone is interested in a job, just pop in to your local constabulary!

Other hoolet online articles by John Rankin can be found at:
hoolet edition 46 - Courting Disaster

hoolet is the magazine of RCGP Scotland. It is supported intellectually, financially and emotionally by RCGP Scotland.

This issue maintained by Robert Hallam.