Vetnuus | November 2024 39 These reports are submitted in advance, and according to the relevant rules of the court. Veterinarians who agree to act as expert witnesses must communicate with the attorney from the start to make sure what the expectations and timelines are. The report forms the basis of the expert’s testimony. It must be set out well and the facts of the case must be carefully analysed and discussed. Literature references must be included where necessary. References to the latest research are particularly important when experts for opposing sides have different opinions on a specific aspect of the case. Using peer-reviewed literature references will also assist in giving credibility to an expert’s opinion. 3. Testifying in Court Veterinarians may also be required to testify in court. This involves explaining complex veterinary issues in a way that is understandable to the judge or magistrate, advocates and attorneys. South African courts value clarity, precision, and the ability to convey technical details in a manner accessible to non-experts. Always be respectful when testifying and remember that the expert’s function is to assist the court. All the literature or any other document or image that an expert wants to use must be available in court. These documents and images should preferably have been discovered and made available to the opposing party before the onset of the trial and following the relevant rules of court. 4. Cross-Examination An expert witness must be prepared for cross-examination. The advocate or attorney from the opposing side will attempt to challenge the veterinarian’s credibility, qualifications, and opinions. This can be a daunting experience, particularly for those unfamiliar with legal procedures. Experts should stick to the facts, avoid speculation, and maintain a calm demeanour. It is also helpful to address the judge or magistrate when answering questions the question instead of the opposing counsel who can sometimes be aggressive and intimidating. Enquire beforehand about the correct manner in which the judge or magistrate should be addressed. 5. Current knowledge and experience The field of veterinary science is constantly evolving, and so too is the law. Veterinarians should not agree to be expert witnesses in a field of veterinary science in which their knowledge and experience are not current. Veterinarians must never overstep the boundaries of their expertise. While they may be well-versed in specific areas of veterinary science, they should refrain from giving opinions on matters outside their competence. This can be very embarrassing for a veterinarian testifying as an expert in court. Expert witnesses should engage in continuous professional development to stay current with both scientific advancements and relevant legislation. Challenges and Pitfalls Acting as an expert witness comes with its challenges. A common pitfall is the tendency for experts to become overly invested in the case, leading to a loss of objectivity. In some cases, veterinarians may feel pressure from the party that hired them to provide favourable testimony, which can compromise their professional integrity. Another challenge is dealing with complex legal language and procedures. Veterinarians may find it helpful to consult with the instructing attorney or other legal professionals before attending at court to ensure they are adequately prepared. Conclusion Veterinary expert witnesses play a vital role in the South African legal system, particularly in cases involving animal health, welfare, and professional negligence. By remaining objective, maintaining high ethical standards, and staying informed of veterinary science and legal developments, veterinarians can contribute meaningfully to the resolution of disputes and the administration of justice. The role of an expert witness offers both opportunities and challenges. Veterinarians who are called to serve in this capacity should approach the task with professionalism, integrity, and a clear understanding of their responsibilities to the court and society. If you have any questions, you can contact me at trudie@legalvetservices.co.za v Legal Mews
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