KIMBERLEY HAINEY v HMA

The following statement has been issued by the Court regarding the decision in Kimberley Hainey v HM Advocate

“We regret that our opinion in the above case has caused concern to the two forensic anthropologists who gave evidence at the trial, Professor Susan Black and Dr Craig Cunningham. 

We understand that the statement in paragraph [49] of the opinion that “it cannot be right for a trial judge to allow an obvious ‘quack’ doctor to speak to a subject in a supposed expert way in relation to which he has no qualifications” has been construed in certain press articles as referring to Professor Black and Dr Cunningham. 

We would like to make it clear that no such implication was ever intended.  The statement at paragraph [49] is part of a general discussion of the law and is designed to illustrate one category of case where a judge should not allow evidence to go to the jury.  It was not intended to refer to the facts of the case under consideration; nor does it refer to Professor Black and Dr Cunningham.  We apologise to them for having failed to make that clear.”