in the matter of Freddie and Arthur (No 2) (Care order) [2015] JRC 101 (13 May 2015)

in the matter of Freddie and Arthur (No 2) (Care order) [2015] JRC 101 (13 May 2015)

Expert evidence as to the credibility of ordinary adult witnesses, whether based on interviews or polygraph testing, is inadmissible because credibility is a matter for the tribunal of fact. Polygraph evidence is inadmissible in English law. Even if admissible, the marginal assistance such evidence might provide is outweighed by the prejudice of delaying proceedings, which would harm the children's welfare.

Citation
[2015] JRC 101
Parties
First Respondent: the mother; Respondent: the father; Respondent: the paternal grandmother; Child: Freddie; Child: Arthur
Jurisdiction
Jersey
Judgment Date
13 May 2015
Procedural Posture
Care Order Proceedings / Interlocutory Application for Appointment of Joint Expert
Outcome
application dismissed
Legal Topics
Admissibility of Expert Evidence, Polygraph Evidence, Credibility of Witnesses, Child Welfare, Delay in Proceedings
Family Law Evidence Law Child Protection Admissibility of Expert Evidence Polygraph Evidence Credibility of Witnesses Child Welfare Delay in Proceedings

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Parties

the mother

First Respondent

the father

Respondent

the paternal grandmother

Respondent

Freddie

Child

Arthur

Child

Procedural Posture

Care Order Proceedings / Interlocutory Application for Appointment of Joint Expert

Legal Issues

  1. 1 Whether expert evidence on credibility based on polygraph testing is admissible in care proceedings
  2. 2 Whether the appointment of Professor Grubin as a joint expert is justified and proportionate

Ratio Decidendi

Expert evidence as to the credibility of ordinary adult witnesses, whether based on interviews or polygraph testing, is inadmissible because credibility is a matter for the tribunal of fact. Polygraph evidence is inadmissible in English law. Even if admissible, the marginal assistance such evidence might provide is outweighed by the prejudice of delaying proceedings, which would harm the children's welfare.

Court Disposition

application dismissed

Orders

  • Application to appoint Professor Donald Grubin as a joint expert refused.