Dalam kes Pubalan a/l Peremal v Public Prosecutor [2020] 5 MLJ 442 Mahkamah Persekutuan telah menjelaskan kepentingan dan fungsi keterangan ahli patologi forensik seperti yang berikut: “Role of a Forensic Pathologist [11] The main thrust of the appellant’s argument relates to the infirmities of the evidence of PW4, the forensic pathologist. We think that it is important to revisit the role of a forensic pathologist as an expert witness, especially in the context of a criminal trial. Put simply, an expert witness is a person whose level of specialized knowledge or skill in a particular field qualifies him to present his opinion about the facts of a case during legal proceedings. An expert witness’s overriding duty is to provide independent, impartial, and unbiased evidence to the Court. The fact that the expert witness is called by one party does not detract from the overriding duty to the Court. It is the duty of an expert witness to assist the Court on the matters within his expertise. This duty overrides any obligation to the person from whom he has received instructions or by whom he is paid: see O 40A r 2(1) & (2) of the Rules of Court 2012. [12] In a book entitled Forensic Pathology, Principles and Practice (Elsevier Academic Press, 2005) co-authors David Dolinak M.D, Evan W. Matshes, M.D, and Emma O. Lew, M.D presented an illuminating overview of the role of a forensic pathologist. Their observations may be distilled as follows: The forensic pathologist should understand what his role is in the legal process before providing testimony. As a competent and acute observer in the laboratory he testifies as to his factual findings and opinions in a clear, straightforward, unbiased, and professional manner. The ‘testimony’ actually begins in the autopsy room where the anatomic studies are conducted to his professional satisfaction. At this time, the forensic pathologist must recognize, collect, and preserve medical evidence and prepare a report of such findings for possible future testimony. On the stand, the forensic pathologist does not simply testify as to cause and manner of death. Much of the forensic pathologist’s testimony revolves around autopsy findings and the correlation of the autopsy findings with other case information. This requires expanding the case file and one’s critical review of the information to the fullest. This may involve ancillary information collected to enhance findings and support conclusions. The forensic pathologist interprets how a death came about and may be questioned on various aspects of the death such as what type of instrument may have been used to inflict the injury, and how long an injured individual may have been dead until he was found. The forensic pathologist’s observations must be of high professional caliber and be thoroughly and well documented. There are two key features of sound medical testimony: (i) scientific validity and (ii) personal impartiality. As for scientific validity, the forensic pathologist is to restrict his testimony to facts objectively noted, analysed in detail, and accurately recorded, and to opinions solidly derived from these data. The forensic pathologist’s observations must be of high professional caliber and be thoroughly and well documented. Regarding personal impartiality, the forensic pathologist, although usually called to testify by the prosecution, must give fair and dispassionate testimony and must not permit himself to become a prosecuting witness. His testimony must not be “prosecution minded” or “defense minded,” for he is not testifying for or against either party. The goal is to present the truth as he sees it, willingly and unemotionally doing what is possible within the bounds of unbiased and disinterested observations to help the court reach a just decision. The value of the most competently performed autopsy is diminished in the courtroom if the information derived from it is presented by a poor witness: one who mumbles, argues with counsel, or commits a number of other violations of good and proper testimony. The forensic pathologist’s opinion must never be biased for or against the prosecution or defence. It is a factual presentation of evidence collected during the course of an entire death investigation. The forensic pathologist does not win or lose a case. Although the anatomic findings and opinions are important and necessary, rarely do they alone permit the court to come up with an enlightened decision. So long as the forensic pathologist is mindful of his role, including what is expected of him, and knowing the limitations of what he can say, and “knows that it is up to the attorneys to ask the appropriate questions to win or lose the case,” then the forensic pathologist as an expert witness, through experience, will become more comfortable in his role and provide effective, appropriate, and proper testimony.”.