EXPERT WATCH 40: THE TRIAL JUDGE DID NOT ACCEPT THE EVIDENCE OF THE JOINTLY INSTRUCTED WITNESS: “THE DUTY OF THE COURT IS TO APPLY THE BURDEN OF PROOF AND TO FIND THE FACTS HAVING REGARD TO ALL THE EVIDENCE IN THE CASE…”

This is a case where the judge did not accept the views of a jointly instructed expert as to the authenticity of a document that was central to the case. The expert did not have access to all the relevant facts.  The judge held that the expert's conclusions were reached in a vacuum of the facts and ...