Vetnews | November 2024 38 « BACK TO CONTENTS Veterinarians in South Africa are often called to serve as expert witnesses in legal proceedings. Whether in malpractice, animal welfare, insurance claims, or disputes involving animal health and certification, veterinarians possess unique knowledge vital to the court’s understanding of the relevant facts. Acting as an expert witness comes with significant responsibilities. This article explores the role of veterinarians as expert witnesses, the requirements of the position, and key considerations for veterinary professionals who may find themselves in this position. What is an Expert Witness? The South African Veterinary Council’s Code of Conduct for veterinarians defines an expert witness as “… a person, who by reason of education or specialised experience possesses advanced knowledge in respect of a subject about which persons, having no particular training, are incapable of forming an accurate opinion or deducing correct opinions without expert guidance.” In the veterinary context, this may involve providing insights on animal diseases, animal behaviour, veterinary procedures, ethical considerations in treatment, or issues related to animal husbandry. Unlike factual witnesses, who testify about what they observed or experienced, expert witnesses offer opinions based on their professional expertise. In South Africa, expert witnesses are often required in civil and criminal cases involving animals. For example, a veterinarian might be asked to testify in a case where there is a dispute about whether an animal was treated following acceptable veterinary standards or to explain the cause of death in an animal welfare investigation. The Legal Framework for Expert Witnesses The South African legal system allows expert witnesses to provide specialised knowledge to the courts. Expert witnesses are used in civil matters as well as criminal matters. The relevant rules of the applicable courts deal with the appointment of experts, filing of their reports and related matters. Veterinarians, like all other experts, must meet certain criteria to serve as expert witnesses. They need to demonstrate not only their qualifications but also their impartiality. The expert witness must assist the court by providing an objective opinion based on sound veterinary principles and practices. An expert witness must not advocate for one side. Responsibilities of a Veterinarian as an Expert Witness 1. Objectivity and Impartiality A veterinarian acting as an expert witness must remain impartial. While a veterinarian may be hired by one of the parties in a case, their duty is to the court, and their testimony must be objective and based on factual information. The South African legal system places great emphasis on the neutrality of expert witnesses. Any sign of bias can weaken the credibility of the expert’s testimony and damage the case. 2. Expert Reports A crucial part of the veterinarian’s role is preparing a comprehensive and well-reasoned expert report. This report must clearly outline the expert’s qualifications, the methodology used in forming the opinion, and the conclusions reached. Legal Mews FROM CLINIC TO COURT: THE SOUTH AFRICAN VETERINARIAN’S GUIDE TO BEING AN EXPERT WITNESS Trudie Prinsloo (Legalvet Services) This article is intended to provide information and educate veterinarians on relevant aspects of the law. It is not intended as personal legal advice. SAVA is not responsible or liable for any advice or other information provided herein.
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