The Admissibility of Expert Evidence in Criminal Proceedings in Malawi: A Call for Reliability Safeguards

Abstract

Expert evidence is an increasingly prominent feature of criminal litigation. Confidence in the reliability of such evidence is therefore vital to the integrity of the justice process. Of late, there have been concerns in most jurisdictions that liberal admissibility standards allow expert evidence of doubtful reliability to be admitted by courts, leading to miscarriages of justice. Consequently, most adversarial common law systems now apply reliability standards to the reception of expert evidence. Malawian law makes provision for the admissibility of expert evidence on mere production if the parties to the case consent. This article critically evaluates this position, arguing that it provides no safeguards for assessing the reliability of expert evidence, thereby making the criminal justice system prone to injustices and challenges related to the use of such evidence. It proceeds to consider how the law and the courts can enhance the reliability of expert evidence in criminal proceedings.