After several confrontations with the law, the Austrian Higher Administrative Court confirms revocation of court-appointed expert.
When you think of judges, prosecutors or court staff in general, you generally cannot help but to think of law-abiding role models. While most of them definitely live up to this admirable picture in their daily work, there is always the exception that proves the rule. In this case, a court-appointed expert strayed from the path of Lady Justice one too many times. In fact, he was convicted in 35 cases regarding administrative offences. Obviously living life in the fast lane, 33 of these said offences were due to speeding. Even though Vin Diesel would be proud, this unsurprisingly contradicted the judge's view on the expected characteristics of court experts.
Thus, the Court stated "In the light of the experts' substantial position in finding the truth during trials and other proceedings, there cannot be any doubt in their compliance with the law, their correctness, their diligence, their moral courage and their sense of duty". For these reasons, the Austrian Higher Administrative Court confirmed the earlier decision to repeal the expert's status through notice in June 2017, marking the end of the road for the expert's court activities (as a professional at least).
In addition, it was stated that even one severe offence could already be enough to lose the required credibility expected from a court-appointed expert. (Ra 2017/03/0066)