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• Anti-smoking links weakened tobacco claim case, says judge 

THE judge who threw out a widow's landmark legal claim that a tobacco giant was responsible for her husband's death said unreliable witnesses undermined her case.

Margaret McTear last week failed to win damages from Imperial Tobacco. But in a damning criticism of the lawyers who acted for the 60-year-old, Lord Nimmo Smith said key witnesses' links with anti-smoking groups damaged her legal action's chances of success.

In comments buried deep in Lord Nimmo Smith's 514-page judgment, he stressed that expert witnesses had to be independent and that evidence given in McTear's case had been unsound.

He said: "All the expert witnesses for the pursuer [McTear] were or had been connected in some way with ASH [the anti-smoking group] and were clearly committed to the anti-smoking cause; and no doubt for this reason were prepared to give evidence gratis. By contrast, all the expert witnesses for Imperial Tobacco charged fees for their services." . . .

Lord Nimmo Smith, who ruled against McTear after a 12-year legal fight, was particularly scathing about the evidence of Professor James Friend, whose past connections with ASH included being acting chairman and an executive committee member of the anti-smoking group. . . .

The judge said Prof Friend had been giving evidence to further a health cause. "He did not meet the criteria that would qualify him as an independent expert witness on which the court could rely to give a balanced view on the issues in this case." . . .

He said: "We asked ASH to recommend anyone who could give evidence free of charge and we took the view that Prof Friend was an expert in his field, as a prominent lung physician. I don't think we could have got anyone better because we could not get legal aid to fight the case. I think it is unfair for the judge to criticise us when all that is taken into account."

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All the expert witnesses for the pursuer [McTear] were or had been connected in some way with ASH [the anti-smoking group] and were clearly committed to the anti-smoking cause; and no doubt for this reason were prepared to give evidence gratis. By contrast, all the expert witnesses for Imperial Tobacco charged fees for their services.
The flawless logic of Lord Nimmo Smith, in his 514-page ruling.