Expert witnesses in the sporting disciplinary context are very important people. More often than not, the whole case turns around the expert evidence which often comes from competing perspectives. Judges and non-judicial decision makers will usually have no scientific background and are entitled to, and do, expect to receive objective and substantial assistance from the experts who appear before them. Experts are expected to:
- be appropriately qualified; and
- confine their opinions to their particular field of expertise; and
- resist the temptation to be an advocate for the party using their services. Keep answers brief (if possible) and on point; and
- prepare a thorough report or statement of their opinion setting out the assumptions upon which the opinion is based, and all the steps that lead to the ultimate opinion; and
- remain calm and objective in the witness box and not to argue with the cross-examiner; and
- adhere to the relevant code of conduct for the particular tribunal or court in which the evidence is to be heard; and
- specify if an opinion is provisional; and
- not only give the appearance of impartiality but to actually be impartial. The expert’s overarching duty is to assist the court or tribunal.