Beyond reasonable doubt
Pharmacist Bernard Leddy specialises in drug information, and he knows so much about the subject that his colleagues call him the encyclopaedia. His knowledge and attention to detail are what makes him so good at his second role – as an expert witness in court cases.
As a child Bernard had no inkling of what he would end up doing with his life. "For years I wanted to be a pilot. But when I was in 6th year at school I read a 19th century textbook on pharmacy and chemistry, which fascinated me." Bernard applied for pharmacy courses at university and got into the London School of Pharmacy, now University College London, before going on to do an MSc and PhD in heterocyclic chemistry at the University of East Anglia.
He then went on to work as a pharmacist, and it was while doing this that a chance encounter led him into the world of criminal law.
"One day, a local solicitor contacted me to write a report in for a client that he was defending on a driving under the influence (of a drug) charge", says Bernard. The case involved an older lady who had driven to the local shops for bread after taking her sleeping tablet, 'before it kicked in'. The tablet contained the drug Zolpidem – a fast acting hypnotic, and she was arrested by police who spotted her driving erratically. "She was completely oblivious to the flashing lights and sirens", says Bernard, "and only stopped when she harmlessly struck a wall."
Witness for the defence
Bernard explains how he used his knowledge of pharmaceuticals in his report. "My report focused on the evidence of drug use," he said. "The forensic test that exposed the opiate use was simply qualitative. There was no measurement or attempt at measurement of the actual amount of opiate in the sample. The same result would have been obtained if she had taken one Solpadeine Tablet – which can be bought without prescription – or a bag of heroin. The Zolpidem was not detected at all. Without her voluntary statement a prosecution would have been quite difficult."
The matter went before a district court in a nearby town and Bernard was called as a witness for the defence.
"I went on the stand and gave my evidence as clearly as I could, explaining that the test for opiates was qualitative only and the prosecution hadn’t found any Zolpidem in the urine sample. In my preparation I had learned that Zolpidem is very fast acting and takes effect within 15– 30 minutes of being taken, which is why this unfortunate lady didn’t have a chance of safely getting to the shop and back before it 'kicked in'. I also explained that Solpadol contains two drugs – codeine and paracetamol – and that paracetamol would have no effect on her ability to drive."
The pursuit of justice
The woman was initially convicted on both charges, but appealed the conviction and the case went to court again. "This time I was much better prepared" says Bernard, and the drugs charge was dropped.
"I realised after this case that I had really enjoyed the experience of putting my scientific knowledge in the pursuit of justice", says Bernard. He now gets commissions from solicitors – normally for the defence – to prepare expert reports for court cases, tribunals, and other types of quasi-judicial processes. He has to attend hearings to present his evidence and prepare to be cross-examined.
"I love the challenge that each case brings. I enjoy reading and analysing the written evidence and putting it into logical order before starting to write my report."
Do something you love
"It is important to only comment on matters within my area of expertise, and to openly state when something is outside my area. The expert witness must not act as an advocate for either side, but must be a servant of the court and justice at all times.
"The hardest thing for me is cross-examination in open court. If you are not careful, you can undo a lot of good work with one wrong answer."
Bernard spends around four to five days a month on the role, alongside his job as a pharmacist.
His advice for those starting out in chemistry is to study as many different branches of chemistry as you can at the beginning. "See what you like doing most and concentrate on developing a career around that", he says. "You should always work at something you love to do because it will always encourage you to keep going."
Bernard is looking to share his experience with early career chemists who want to train as drug information scientists and expert witness. Get in touch with him via his website.
Bernard is a longstanding member of the Royal Society of Chemistry and is a chartered scientist and chartered chemist. Find out more about the award of chartered status.
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