26 September 2023

DPIE scientists judged experts in court

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The Department of Planning, Industry and Environment (DPIE) has revealed the role its scientists play in holding people and companies accountable for their environmental crimes.

The DPIE said its team of chemists and ecotoxicologists could be called into the State’s Land and Environment Court as expert witnesses when the NSW Environment Protection Authority (EPA) prosecuted individuals or companies for polluting the environment.

“The team leader of ecotoxicology and expert witness in many cases is Chris Doyle,” the DPIE said.

“His team works closely with NSW EPA, who are responsible for investigating and prosecuting those charged with harming the environment,” it said.

“His team’s job is to understand and determine the extent of harm contaminants have had during a particular incident.”

The DPIE said if the EPA decided to prosecute, its ecotoxicology team would provide a detailed scientific opinion to help the court understand the science and the impact of the harm done.

The Department said this involved ecotoxicologists laying out the facts and evidence for the judge in as simple and clear terms as possible.

“In the vast majority of cases, the defendants and court accept the reports but occasionally, Doyle says, his team will be subpoenaed to take the stand for cross examination by the party being prosecuted,” it said.

The DPIE said one of the most experienced members of its ecotoxicology team was Ecotoxicologist and Senior Scientist with the DPIE, Fleur Pablo, who had prepared more than 30 reports during her career with the Department and had only been cross examined by defendants on three occasions.

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