Expert Witness blog: 18/04/2012

The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill is now back in the Commons, where it is expected that, of the 11 amendments made to it in the Lords, all but three will be reversed. The main target, according to the Law Society Gazette, is the restoration of Legal Aid for children.

Another amendment to be overturned is one to retain the provision of expert witness reports in clinical negligence cases. Put together, the two offer little redress for children suffering such grievances.

According to campaigning group JustRights, recently released figures show that 16% of children now receiving help with legal fees will lose out.

The group’s co-chair James Kenrick said: “After months of disingenuous claims by Government Ministers, these new figures reveal the true, shocking extent of the impact on children of this appalling piece of legislation. The Government has the chance on Tuesday to finally make good its claim that it wants to protect children from cuts to legal aid. If it does not, we now know that thousands of highly vulnerable children, often with little or no parental support, will be left to navigate alone a legal system which is daunting enough even for competent adults.”

It will be salutary to see what effect the cuts in legal aid and expert witness fees have on the numbers of people offering themselves in such cases in the expert witness directory.

Of course, when you think the goings on in our own fair land are driving you to distraction, we can always find solace in the near-lunacy across the pond.

This year is election year, which seems to be a signal for the entire United States to take collective leave of its senses. If we then narrow our gaze to focus in on California; well, bingo!

There is a small Congressional District in California which is being contested, as is the custom, by candidates from the main parties – elephants and donkeys. One is the incumbent, a Republican by the name of Jeff Denham. His opponent is Democrat Jose Hernandes, who was encouraged to stand by Barack Obama himself, according to legal blog The Epilogue. He is also an astronaut, or to be precise, a former astronaut, according to that same fount of information.

That ‘former’ bit is where the lawyers come in. Denham’s legal team are trying to disqualify Hernandes on the basis that his declaration of himself as an ‘astronaut’ on his ballot designation is not true. Mr Hernandes was the flight engineer on the space shuttle Discovery back in 2009 – his one space flight.

That means, according to a law suit against him: “Hernandez’ attempted use of ‘astronaut’ violates the Election Code’s unambiguous requirement that a candidate’s ballot designation reflect one’s current profession, vocation, or one held during the previous calendar year.”

So Mr Hernandez is NOT an astronaut any more. Hopefully, however, the good burghers of California will resent having a candidate foisted on them who is not prepared to fight the seat on his own merits. How they react to that we will know in November. Can’t wait.

Chris Stokes

Expert Witness Blog