RQIA Independent Review of The McDermott Brothers' Case

7.5.5 There were no further requests for the WHSCT to act as an appropriate
adult in the case. RQIA considers that WHSCT fully discharged its
responsibilities in providing an appropriate adult for these proceedings.
Fitness to Plead Hearing on 6 October 2009
7.5.6 The submission of not fit to stand trial, or unfitness to plead, is made
under The Criminal Justice (Northern Ireland) Order 1996. The
criminal procedure outlined in legislation requires that before making a
determination, the court must have considered written or oral evidence
from at least two registered medical practitioners, at least one of whom
must have been approved by the Secretary of State as having special
experience in the diagnosis and treatment of mental disorder. Such a
doctor is known as a Part II Doctor in relation to mental health
legislation.
7.5.7 Guidance to doctors on providing reports as expert witness is available
from the Acting as an Expert Witness 2008 (General Medical Council).
The guidance states that:
"The role of an expert witness is to assist the court on specialist or
technical matters within their expertise. The expert's duty to the court
overrides any obligation to the person who is instructing or paying
them. This means that you have a duty to act independently and not
be influenced by the party who retains you."
7.5.8 On 1 January 2004, a practice direction from the High Court of Justice
in Northern Ireland (No 1. 2003) came into effect. This requires any
expert witness who prepared a report for the court after that date to
complete a specific signed declaration, which includes among other
requirements the statement:
"I understand that my primary duty in furnishing written reports and
giving evidence is to assist the court and that this takes priority over
any duties which I may owe to the party or parties by whom I have
been engaged or by whom I have been paid or am liable to be paid. I
confirm that I have complied and will continue to comply with this duty."
7.5.9 It should be noted that efforts were made earlier in the case by the
defence solicitors to secure a psychiatrist opinion for the assessment of
fitness to be interviewed. It was only when a list of other psychiatrists
was exhausted that the consultant psychiatrist with a specialist interest
in learning disability agreed to provide the assessment in the interests
of justice. It should also be noted that in Northern Ireland, the potential
cohort from whom a consultant psychiatrist with specialist interest in
learning disability is small and in fact this consultant is the only one
employed in the WHSCT.
7.5.10 One of the private reports submitted to the court in relation to the
fitness to plead hearing was prepared by a consultant psychiatrist with
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