Supreme Court dismisses appeal due to expert's conflict of interest and need for autopsy witness testimony.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal and remanded the case for retrial. The court found that the expert witness was a consultant to the social insurance agency, legally excluding her from issuing judicial opinions on the matter. Furthermore, the court ruled that a proper resolution required testimony from the pathologist who performed the autopsy, which had been improperly excluded by lower courts. Consequently, the case was sent back to the District Court for a new hearing with these critical evidentiary requirements met.
Legislator headnote
AI generatedart. 48 § 1 pkt 1 k.p.c.; art. 281 k.p.c.; art. 398 § 1 k.p.c.: An expert serving as a consultant to a party is legally disqualified from issuing judicial opinions on the subject matter of their consultation, and a retrial is necessary when the original expert's opinion is excluded and the case requires fresh expert evaluation or witness testimony from the sole person who performed the autopsy.