RP: “There is blood on that jacket. Her blood. In any event, if there was any attempt to clean off blood there remained blood staining on that jacket.”
JM: “I can’t comment on that jacket.”
RP: “Given what you’ve told us about the substantial chance that there would be blood transfer, are you able to assess the probability or otherwise of no blood whatsoever transferring to Girl X?”
JM: “I’m afraid I can’t evaluate that in the witness box. It would require a much fuller evaluation following the appropriate process.”
RP: “As a matter of your scientific expectation, given the description of the nature and extent of the wounds and the likelihood that blood transfer is substantial, would the expectation be that some blood would be transferred?”
JM: “It would require a full defined proposition A and a full defined proposition B in order to answer that question. I would need to be provided with clear instructions on behalf og Girl X in relation to that jacket and all of the other things I’ve had in relation to Boy Y in order to evaluate his account. I’ve not had that, so I can’t comment.”
RP: “Assume for the moment the jacket she was wearing was the same jacket which was examined by Jane Roughley. From all you’ve heard, would you have expected there to be some blood transfer to her jacket if she had inflicted 28 separate wounds?”
JM: “I can’t do that evaluation in the witness box.”
RP: “It’s really quite straightforward. The proposition is that she was wearing that jacket at the time and Boy Y stabbed Brianna Ghey. She didn’t do a single stab. Do you find it surprising, if she is right about that, would you find it surprising that if what Boy Y says is correct, that his clothing got covered in blood whereas Girl X carried out 28 separate stab wounds and does not have a drop of blood on her jacket or her shoes? Does that surprise you?”
JM: “I’m really sorry but I can’t evaluate the propositions in relation to Girl X. I would need to evaluate the findings in the context of her framework. It’s not appropriate for me to evaluate that in the witness box. It’s a much more complex situation that I’m just not able to do here.”
RP: “To a lay person, it seems glaringly obvious that somebody who stabs in close proximity somebody 28 times, there would be an expectation that person would have at least one tiny drop of blood on their jacket. Am I being over simplistic?”
JM: “Yes. There are lots of factors that influence or affect blood transfer.”
RP: “Are you really seeking to assist the jury at the moment?”
JM: “Yes. It's my responsibility to give robust and careful opinion. I don't believe I can give you that by answering complex questions in the witness box.”
The 16-year-old transgender schoolgirl was fatally stabbed in a park and two teenagers are charged with her murder
www.liverpoolecho.co.uk
one gigantic headache reading this and very confusing to the jury I would think.
Sure it’s possible, but is it probable? Common sense is needed surely. The doubt must be reasonable?
