The “smoke and mirror” tactics of defence lawyers in drink-driving cases have been criticised by the government’s forensic science regulator, who has launched an investigation into the work of a number of expert witnesses.
The review was triggered by a recent high court judgment that raised concerns about defence teams requesting the disclosure of vast amounts of “irrelevant” technical information in order to challenge the reliability of breathalyser and blood alcohol test results.
“It’s a shotgun approach to trying to get irrelevant things disclosed to do a smoke and mirrors defence rather than an actual issue being raised with the evidence,” said Gill Tully, the regulator. “It’s been an approach by a number of specialist firms of solicitors who tend to use a number of particular experts.”
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