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Why An Expert Witness Is in The Dock - The Scotsman
Why An Expert Witness Is in The Dock - The Scotsman
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http://www.scotsman.com/news/health/why_an_expert_witness_is_in_t...
was fantastically proud of Roy. But her affection was - I would say - conditional upon him doing well. Roy knew the score. He had to do
well. Doris was very judging. Her children were her trophies in this rather dreary, small town."
After studying at Wigan Grammar School and Bromsgrove School, he won a place to study medicine at Worcester College, Oxford,
graduating in 1957. While working as a GP in Banbury, Oxfordshire he became interested in child healthcare, and by 1980 he had risen to
become the head of paediatrics at St James Hospital, in Leeds - one of the most prestigious posts in his eld.
In 1961, Sir Roy had married Gillian MacLennan, the daughter of the British ambassador to Ireland, a match which must have rocketed
him up the social ladder. Their children, Julian and Anna, were born in 1963 and 1965 respectively. Now, his former wife says that although
popular with colleagues, Sir Roy had no close friends.
She also recalls how he would visit the Anna Freud Centre - Anna was the psychologist daughter of Sigmund Freud - for what she
described as a "Bloomsbury-set" chats about child health.
In a bizarre coincidence, sources claim that Sir Roy starred in an amateur production of Arthur Millers play The Crucible, playing the role
of the discredited Judge Danforth who is at the heart of the witch-hunt that is the backbone of the play. "Roy conded in me that he found
it an uncomfortable part because he identied with this judge more than he was happy with," a source recalled. "I always remember Roy
playing that part. He was made for it. He was brilliant."
It was in 1977 that Sir Roy wrote the paper that was to change his life: "Munchausens Syndrome by Proxy (MSbP): the Hinterlands of Child
Abuse."
In the study, Sir Roy described the cases of two sick children whose symptoms had left doctors puzzled.
It transpired that in the rst case, a mother had added some of her own blood to her childs urine sample. In the second, the mother had
allegedly poisoned her toddler with excessive salt doses.
Sir Roy wrote that both mothers were suffering from Munchausens syndrome by proxy. The new illness took its name from
Munchausens syndrome - the term coined in 1951 by Dr Richard Asher (the father of the actress Jane Asher), in reference to Baron von
Munchausen, the 18th-century German mercenary famed for his fabulous lies.
Munchausens syndrome sufferers fake symptoms of illness and will travel from hospital to hospital to secure surgical and medical
procedures for illnesses they do not have, simply to get attention.
Munchausens syndrome by proxy is a more sinister variant of Munchausens syndrome, in which parents - almost always the mother replicate or even cause symptoms of illness in their children, simply to draw attention to themselves.
His ndings were published in the Lancet medical journal, and attracted worldwide attention.
Ms Paterson recalls: "He took a lot of ak at the time. Nobody wanted to believe mothers did that sort of thing. Later [in 1993], he was
vindicated with the Beverley Allitt trial (The nurse who murdered four children in her care and harmed a number of others). Thats when
they stuck him on a pedestal, made him the number one expert witness in the land, and proceeded to believe everything he said."
But it was in 1989 that Sir Roy coined the now infamous Meadows Law, when he wrote in The ABC of Child Abuse: "One sudden infant
death is a tragedy, two is suspicious and three is murder until proved otherwise."
It was this phrase, which captured the imagination of public and press when Sir Roy was called as an expert witness for the prosecution at
the trial of Mrs Clark.
Mrs Clark was found guilty and jailed, but her conviction was overturned last year, after her husband, Steve, unearthed new evidence that
the baby had a life-threatening infection at the time of death. It was Mrs Clarks case that was to turn the tide against Sir Roy. After more
than 20 years as an expert witness, Sir Roy now stands accused of failing to provide a scientic basis for his claims.
Jean Golding, the professor of epidemiology at Bristol University, was originally asked to be a prosecution witness at the trial of Mrs
Cannings. But her reading of the pre-trial evidence swung her to the defence.
In court she savaged Sir Roys methodology, saying that 81 cases on which he based his outlook did not stand up to scrutiny, because he
had no control group. (In fact, Sir Roy has admitted shredding the raw data on which he based his beliefs.)
Prof Golding told a Radio 4 File on Four programme in July 2002 that Sir Roys statement "lacked scientic rigour" adding: "I called it stamp
collecting ... you pick out the cases that you want to present and then you present them."
The Royal Statistical Society also wrote to the Lord Chancellor stating there was no statistical basis for Sir Roys court claim that there was
only a one in 73 million chance of Mrs Clark losing two babies in sudden and unexplained circumstances.
Shortly afterwards Mrs Patel was acquitted of murdering her babies - and now Mrs Cannings has seen her conviction overturned.
Presented with a situation of three mothers found innocent, the government has been forced to react, hence Lord Goldsmiths review.
Thousands of other cases dealt with by local authorities are expected to be reviewed as well.
So how did Sir Roy maintain so much credibility for so long in our supposedly rigorous courts of law?
Dr Lucy Blakemore-Brown, a psychologist from Brunel University who has studied Sir Roys work for some time, says juries and judges
quite simply trusted a man whom society had rewarded by making him a doctor, professor and knight of the realm. Dr Blakemore-Brown
also believes that Sir Roys turn of phrase has played a crucial part in his credibility in court.
She says: "One, two, three, ABC ... 73 million to one....these are phrases a jury can understand amid the foreign language of the court - but
why did the judges not realise Sir Roy had no science to back his claims?"
Whatever the questions hanging over Sir Roy now, he has undoubtedly enjoyed widespread respect among his peers. A number of
colleagues have jumped to his defence in recent weeks.
Harvey Marcovitch was a paediatrician for more than three decades and is a member of the Royal College of Paediatrics and Health Care
and a member of the General Medical Council of the UK.
He suggests that a simple case of supply and demand may have helped Sir Roy become a pre-eminent expert witness: there is a limited
number of paediatricians; those practising are unlikely to be able to clear two or three weeks of their diary to give evidence at a trial; of
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those, many will not be experienced or expert; many are reluctant to risk the public scrutiny of a case in which they have no need to get
involved.
Dr Marcovitch explains: "You are left with few expert witnesses. Then, if one performs well in court, the lawyers will employ him for their
next trial. The word gets round that this guy is good, and he is called again and again. So he become known as the foremost expert
witness in his eld - its sort of a self-fullling prophecy."
Dr Marcovitch is in no doubt that Munchausens syndrome by proxy exists. He points to a recent study of UK paediatricians carried out by
the British Paediatrics Surveillance Unit which found that doctors were discovering between one and two cases of the syndrome annually
per million head of population. He adds: "I do not think you will nd a paediatrician who does not believe MSbP exists. But it is rare, and
over the years the term was used to describe a wider and wider range of things. For example, Beverley Allitt did not have MSbP as
suggested at the time - she was a killer."
It was because of concerns about the increasingly blurred denition of Munchausens syndrome by proxy that the Royal College ocially
dropped the term in 2002. It now uses the terms "fabricated" and "induced illnesses".
Sir Roy was not answering the telephone at his home near Leeds, yesterday, where he lives with his second wife, Marianne.
Whatever the GMC and Attorney Generals investigations discover, it will be painful for all involved.
In the past, Sir Roy was applauded for thinking the unthinkable, and he has no doubt rescued some infants from abuse. But far from
being a childrens champion, he may have simply championed his own cause - at the expense of truth.
Pivotal evidence now deemed manifestly wrong and grossly misleading
Over the past ve years Prof Meadows evidence was pivotal in the trials of three women:
22 November, 1999: Angela Cannings was arrested and questioned about the death of her four-month-old son.
26 November, 1999: Sally Clark is sentenced to life imprisonment for killing her two baby sons in 1996 and 1998. Prof Meadow gave
evidence to the effect that any more than three cot deaths in one family could be construed as involving murder.
16 April, 2002: Angela Cannings is jailed for life at Winchester Crown Court after being found guilty by a jury of smothering her two sons.
29 January, 2003: Sally Clarks conviction is quashed as the appeal judges condemned Prof Meadows claim that the chances of having
two cot deaths in one family was 73 million to one as "manifestly wrong" and "grossly misleading", and express concern that key evidence
was not put before a jury.
12 June, 2003: Trupti Patel is acquitted of killing her three babies. During the case, evidence is given by Prof Meadow, and a small group
of protesters attempt to distribute leaets questioning his credibility.
10 December, 2003: Angela Cannings is freed after the Court of Appeal overturned the verdict on the ground that the convictions - which
were based on Prof Meadows research - were "unsafe".
(http://www.scotsman.com
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