Hours after expert defence witness Dr. Michael Baden told the court Nicholas Dill did not bleed to death, prosecutors scrambled to bring in another expert to counter his testimony.

Senior Crown counsel Paula Tyndale asked Puisne Judge Paula Tyndale to be allowed to show the jury evidence from Dr. Keith Cunningham, veteran King Edward VII Memorial Hospital clinical pathologist and blood specialist.

?There was no way to get transcripts of expert evidence ahead of time,? Ms Tyndale said. ?So we had no idea what he intended to say in evidence.?

Ms Tyndale continued her application to the judge by saying the proper test was whether the Crown could have reasonably foreseen the evidence necessary to prove its case.

?There was no reason for the Crown to have expected the Crown needed to prove its case against the defence,? she said.

Dr. Baden dealt with dead people, but Dr. Cunningham was an expert on the living, she said, and the evidence of Dr. Baden was inaccurate.

?The jury is now left with the impression that the basis he made is clinically sound,? she said.

However, defence lawyer Mark Pettingill called the application ?inappropriate?, adding: ?You can?t go out and fish for another expert. The jury weighs the opinion of two experts. This is some serious stuff to deal with.?

Mr. Justice Carlisle Greaves ? upon re-examining defence lawyer Mark Pettingill?s cross-examination of Dr. Valerie Rao, said the prosecution should have picked up on where Mr. Pettingill was going.

?She said if he was bleeding to death it would depend on how much blood he was given in the operation. She said the count would be low if he was left at the scene bleeding for 45 minutes,? Mr. Justice Greaves said. ?Those issues could have been dealt with on re-examination.

?There was sufficient notion that the prosecution could have called a witness before the close of its case,? the judge said. ?Perhaps the EMT could have been called or call the surgeon to assist! You could have called Dr. Cunningham!?

Many more important decisions took place behind closed doors as lawyers argued what could go before a six-woman, six-man jury.

And the Police?s first interview with Hypolite was excluded as evidence because he did not have a lawyer present.

Mr. Justice Greaves agreed and said Hypolite was ?foxed into giving a statement? by Police whether inadvertently or deliberately and the statement was excluded.