'Experts should not express opinions beyond their domains'

Sarath Malalasekera

COLOMBO: Experts should never venture to express opinions on matters which they do not possess expertise, said Deputy Solicitor General Yasantha Kodagoda.

The Deputy Solicitor General (DSG) was speaking at the launch of a book titled Clinical Forensic Medicine by Chief Consultant Judicial Medical Officer Dr. L.B.L. De Alwis and the felicitation in coincidence with his retirement after 32 years public service.

DSG Kodagoda said during his over 18 years of association with the criminal justice system as a criminal prosecutor and a lawyer for the State, he had never come to know of any professional associated with the justice system of the country doubting the Dr. Alwis's expertise or professional integrity. The DSG said the achievement by itself was enough for a public servant.

Dr. De Alwis should be proud that he had earned such a sound reputation of being forensic scientist and honest gentleman.

The country's forensic community should salute Dr. Alwis for his service to the nation and the reputation he had earned for the entire professional community.

Kodagoda explained the delicate problem that had recently arisen due to an Australian forensic pathologist expressing an opinion on a matter that was necessarily a matter of ballistics pertaining to the investigation into the killing of 17 ACF workers in Muttur.

He said W.D. Gunatilleke the ballistics expert of the Government Analyst Department had opined that all the projectiles recovered at the second round of post mortem examinations of the 17 aid workers conducted by consultant forensic pathologist Dr. Waidyaratne in the presence of an Australian Forensic Pathologist Dr. Malcolm Dodd, were firearm projectiles that had emanated from 7.26 mm x 39 mm calibre bullets.

However, Dr. Malcolm Dodd issuing a report had expressed the view that all, but one of the projectiles were of that calibre and that the other was one of the 5.56 mm calibre.

The Sri Lankan Forensic pathologist Dr. Waidyaratne who conducted the Post Mortem examinations, did not venture to identify the projectiles as that was not his role. He struck to his expertise and expressed opinion only regarding the manner and cause of death.

DSG Kodagoda said that Dr. Dodd's report led to serious doubts being cast by various parties including the International Commission of Jurists regarding the integrity of the local investigation and the expertise of the Sri Lankan scientists.

Some even proceeded to allege that, there was 'strong evidence of production tampering.' Interested parties alleged that Dr. Dodd's opinion should be necessarily accepted and that he should be recognised as a foremost ballistics expert.

However, when Gunatilleke was requested by the Government to issue a report explaining the scientific criteria based upon which he arrived at his opinion and other material that he had in support of his contention, and that report of Gunatilleke was submitted to the Australian authorities.

Dr. Dodd withdrew his previous opinion and issued a second report agreeing with Gunatilleke's findings.

DSG Kodagoda emphasised this was a matter of pride because the professional expertise of the Sri Lankan scientists had been established and was now recognised as being correct and accurate.

Those who previously alleged that there was a doubt with regard to the integrity of the productions in issue should now actually withdraw their allegations and say sorry to Sri Lanka.

A forensic pathologist should not express an opinion on a ballistics issue. Similarly, a ballistics expert should not venture to forensic pathology of clinical forensic medicine.

DSG Kodagoda said, experts such as Dr. L.B.L. de Alwis, would never exceed their role and express opinions regarding matters which fall outside their professional field. The DSG urged in particular the junior forensic pathologists to follow the footsteps of Dr. L.B.L. de Alwis and other eminent senior forensic scientists of Sri Lanka.