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| Judges apologise to Dundee academics over 'quack doctor' comment | Judges apologise to Dundee academics over 'quack doctor' comment |
| (35 minutes later) | |
| Judges have apologised to two Dundee university academics who appeared as expert witnesses after their judgement made reference to a "quack" doctor. | Judges have apologised to two Dundee university academics who appeared as expert witnesses after their judgement made reference to a "quack" doctor. |
| Prof Susan Black and Dr Craig Cunningham had given evidence at the trial of Kimberley Hainey. | Prof Susan Black and Dr Craig Cunningham had given evidence at the trial of Kimberley Hainey. |
| Her case was quashed and the judges Lord Clarke and Lords Mackay of Drumadoon and Drummond Young criticised the use evidence from "quack doctors". | Her case was quashed and the judges Lord Clarke and Lords Mackay of Drumadoon and Drummond Young criticised the use evidence from "quack doctors". |
| They have now said the reference was about the law in general. | They have now said the reference was about the law in general. |
| Kimberley Hainey, 38, had been jailed for life and ordered to serve a minimum of 15 years for killing her baby son Declan at their home in Bruce Road, Paisley. | Kimberley Hainey, 38, had been jailed for life and ordered to serve a minimum of 15 years for killing her baby son Declan at their home in Bruce Road, Paisley. |
| Last week appeal court judges overturned Ms Hainey's convictions for murder and attempting to evade justice. | Last week appeal court judges overturned Ms Hainey's convictions for murder and attempting to evade justice. |
| Non-medical background | Non-medical background |
| Forensic anthropologists Prof Black and Dr Cunningham had both been used as expert witnesses. | Forensic anthropologists Prof Black and Dr Cunningham had both been used as expert witnesses. |
| Prof Black, of Dundee University, claimed that so-called "Harris lines" in Declan's bones and what was described as "cortical erosion" were evidence of malnutrition and neglect. | Prof Black, of Dundee University, claimed that so-called "Harris lines" in Declan's bones and what was described as "cortical erosion" were evidence of malnutrition and neglect. |
| That was rejected by the defence. | That was rejected by the defence. |
| Prof Black's report was backed by Dr Cunningham. However, both admitted they did not have medical backgrounds. | Prof Black's report was backed by Dr Cunningham. However, both admitted they did not have medical backgrounds. |
| In their judgement, the judges had said "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". | In their judgement, the judges had said "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". |
| Comment clarified | Comment clarified |
| That statement was thought to refer to Prof Black and Dr Cunningham. | That statement was thought to refer to Prof Black and Dr Cunningham. |
| They have now clarified the reference was about the law in general and not any witnesses in particular. | They have now clarified the reference was about the law in general and not any witnesses in particular. |
| They said: "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. | They said: "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 would like to make it clear that no such implication was ever intended. The statement 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. | "We would like to make it clear that no such implication was ever intended. The statement 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." | "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." |
| A spokesman for the University of Dundee said: "We note and welcome the statement today from the Justiciary of Scotland." |