A forensic pathologist says a key medical witness for the Crown is wrong to say the Kahui twins were fatally injured immediately before one of the babies stopped breathing.
Dr James Ferris, a witness for the defence at Chris Kahui's murder trial, today told the High Court in Auckland crown witness Dr Patrick Kelly was wrong to think he could pinpoint when the twins were fatally injured.
Three-month old Chris and Cru Kahui died of severe brain damage in June 2006. Kahui, their father, is accused of their murder.
Dr Ferris was cross-examined this morning by crown prosecutor Simon Mount, in exchanges over medical opinions and credibility which, on several occasions, had the jury laughing.
The Crown says Kahui fatally injured the twins on the evening of June 12 2006, immediately before one of the twins stopped breathing.
Last week Dr Kelly gave evidence that it was likely the twins had received their injuries immediately before Cru stopped breathing.
Yesterday Dr Ferris told the court questions remained about the injuries due to the way the twins' post mortem examinations were carried out, with some essential tests not performed. He said the babies' head injuries could have occurred up to nine days before they died and he could not exclude the possibility that injuries to the twins had been inflicted seven or eight hours before baby Cru stopped breathing.
Today Dr Ferris said Dr Kelly's view that the head injury happened a short time before the incident was not supported by the medical evidence.
Dr Ferris said it was known what the severity of the injuries were at the time of the post mortem, but there was no accurate description of what the injuries were because of the incomplete post mortem.
He said based on family testimony he could not give an assurance the information about the injuries was correct, causing Justice Geoffrey Venning to interrupt, telling him the credibility of family members was a matter for the jury to determine.
Dr Ferris said he had tried not to take an extreme view and trying to pinpoint the timing of the injuries was very difficult but he did not believe it could be determined when the brain injuries occurred to a short period of time.
"I would not rely on that opinion," he said in reference to Dr Kelly's evidence.
Going through dozens of legal articles which Dr Ferris had brought to support his medical opinions, Mr Mount asked the doctor if he was "a little less prepared for this than you would like to be?" Dr Ferris replied he always felt underprepared for trials.
He told Mr Mount that Dr Kelly was speculating with his opinions on when the twins were fatally injured, and it was the radiologist who was the expert.
"He was expressing a non-expert opinion which was stronger than that of the expert." Dr Ferris said as Dr Kelly was not the expert in this trial it was not for him to offer such a strong opinion about the timing of the fatal brain injuries.
The trial will resume on Monday, when the next defence witness will be available.
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