Expert witness

Christianity, Freedom of Religion or Belief and radical Islam

Martin has been instructed to act as an expert witness for more than 40 cases including 

• The England and Wales High Court
• The Scottish Court of Session
• Magistrates and Crown Courts
• County Court
• Asylum Appeal Tribunals
• Employment Tribunals
• Professional conduct tribunals, such as the Teaching Regulation Agency
  
  He has also given oral evidence in court under cross examination in a number of cases.
  Martin has been elected as a practising member of The Academy of Experts (MAE).

Examples of instruction as an expert in leading cases

Rev Dr William Philip and 26 others v the Lord Advocate (Judicial Review of Scottish government closure of churches) in his judgement in favour of the appellant Lord Braid affirmed and quoted at some length from Martin's expert witness statement.
Case summary
Judgement
Scottish Law Society comment

Mrs Mary Onuoha v Croydon Health Services NHS Trust. Christian nurse disciplined for wearing a small cross. The judgement drew on 10 specific points in Martin's expert witness statement
Case summary
Judgement

The Times comment

Other judicial comments

K (anonymity directive) v The Secretary of State for the Home Department [2022]

(retrial ordered by Upper Tribunal of Immigration and Asylum Chamber – Middle Eastern Christian)

[42] The point of such reports, is…to provide an assessment of the evidence available about such relevant matters from a variety of sources, and provide an opinion to the Tribunal that can assist with the issues in dispute.  In my judgment, Dr Parsons has done just this, and I find that the contents of his report are fair, balanced and substantiated throughout.  He has not attempted to provide opinion on matters which are outside of his expertise, and made it clear when questions on such matters, even when asked by me during the hearing, were matters on which he could not properly assist, whilst complying with his duties as an expert witness.  I am satisfied in those circumstances, that Dr Parsons has not only declared his duty to the Tribunal, but has demonstrated that he clearly understands his duty and has applied it throughout his reports when providing his opinion.  I find that the evidence from Dr Parsons is worthy of considerable weight.

How I may be able to assist

High Court cases - these are typically judicial reviews of an action by central or local government that impact the free exercise of Christian belief. An expert report in such a case is likely to set out both the importance and basis of that particular belief and may sometimes also address the historical development of freedom of religion relating to it.

Employment tribunals - where the claim relies on discrimination or victimisation because of someone's Christian faith. These typically involve the need to prove group disadvantage i.e. that these are not merely beliefs of the claimant - but more widely held.

Criminal cases - there are two broad categories of these I may be able to assist in i) where someone has been arrested because of something they have said or done which is directly motivated by their Christians beliefs ii) where someone breaks a restriction, such as a Criminal Behaviour Order, placed on them, which relates to churches or Christians - and the court needs to determine whether XYZ group falls within that category.

Asylum and Immigration Tribunal - I can provide an expert witness statement relating to both the general situation facing Christians in particular Islamic countries and particular issues which arise in the claimant's case. PLEASE NOTE:  all of my reports are bespoke to the individual case - I do NOT provide the off the shelf country reports as I do not believe this is in the best interests of justice. 

Professional Conduct and other disciplinary hearings - again these are bespoke reports addressing the specific issues raised.

Qualifications

 Ph.D. Christian and Islamic Theology, London School of Theology/Brunel University (2004)

B.A. Theology (first class honours) London School of Theology/Brunel University (1994)

PGCE Hull University (1987)

B.Sc. Geography (upper second) Hull University (1985)

Membership of learned societies

The Academy of Experts (elected Practising Member – MAE 2021)
Higher Education Academy (elected Fellow – FHEA 2015)
Royal Geographical Society with Institute of British Geographers (elected Fellow – FRGS 2009)

Tyndale Fellowship for Biblical Research (elected to membership 1999)

Courses undertaken related to related to acting as an expert witness 

• International Law in Action: Investigating and Prosecuting International Crimes, University of Leiden, May 2023 (3 days fte).
• Into Court, The Academy of Experts, September 2021 (1 day).
• Introduction to English Common Law, University of London, September 2020 (3 days fte).

The difference that instructing an expert can make

In common with other expert witnesses I have sometimes found that lawyers are surprised to find there are potentially important contextual factors affecting a case which they were not aware of. When they receive the expert report they are often pleasantly surprised at how much it can potentially assist them in presenting their case. Lord Justice Neuberger put the point very well in HK v Secretary of State for the Home Department [2006] EWCA Civ 1037