The Law: Expert witnesses in court cases are a protected species, in fact their immunity against civil suit is absolute. This absolution extends beyond their sworn evidence in court to cover the preparation of that evidence. However the law does allow for criminal prosecution of an expert that lies when delivering his or her evidence.   What happens when an ‘expert witness’ lies in court? In the words of Justice Starke in Cabassi: "But it does not matter whether the action is framed as an action for defamation or as an action analogous to an action for malicious prosecution or for deceit or, as in this instance, for combining or conspiring together for the purpose of injuring another; the rule of law is that no action lies against witnesses in respect of evidence prepared, given, adduced or procured by them in the course of legal proceedings. The law protects witnesses and others, not for their benefit, but for a higher interest, namely, the advancement of public justice. The remedy against a witness who has given or procured false evidence is by means of the criminal law or by the punitive process of contempt of court." The significance of this quotation is that it is a judicial response to a challenge to the Expert Witness Immunity Law in 1940 and despite significant gains, particularly with regard to the forensic science field, and numerous conferences and discussions concerning this law, nothing has changed. Public justice is hardly advanced when an expert manipulates evidence by direct interference in order to meet his agenda, attempts to conceal his actions and lies to the court. In the words of Justice Woods at the 16th International Symposium on Forensic Sciences (May 2002) “To date the immunity of expert witnesses from suit has been recognised, and the courts have been reluctant to initiate prosecutions for contempt or perjury where evidence is offered in the form of an opinion.” According to the Medical Insurance Group (MIGA) in a bulletin dated June 2005, "...if a person is convicted of the offense of perjury the "Witness Immunity" is lost...". It would be easy to conclude that this reluctance to persue prosecutions for perjury, perverting the course of justice and/or contempt of court is related to or influenced by this loss of immunity. The courts cannot and must not be reluctant to prosecute expert witnesses who through their misdeeds are committing perjury, are in contempt of court, and are perverting the course of justice. In the interests of justice they must be pursued and they will be pursued. If the courts are going to vigorously uphold one section of this law and protect an expert witness against suit when he/she has deliberately interfered with evidence and attempted to conceal it, then it must uphold the other section that deals with the criminality of that person’s actions. Unprincipled actions have to be addressed and those wronged by deliberate manipulation of evidence able to be compensated. The perception, as it currently stands, is that the expert witness immunity law is a licence to lie and is an example of how a law designed to promote justice can sometimes work against it. What encouragement is given to experts to apply their skills diligently and so fullfil their obligation to the court, when the threat of penalty for malicious intent is protected by law? The threat of criminal prosecution for those ‘experts’ that interfere with evidence is an empty one. It is time for this legislation to be amended to reflect society’s expectations, it is also time to realise that there are two victims of such unscrupulous behavior - those that are wronged directly and those that are wronged indirectly, that is experts who conduct themselves with integrity.