Again, one of the three examiners implicated in the disputed
attribution (Creighton) was IAI-certified, and, therefore, should be difficult
to deem incompetent. On paper, the IAI-certified expert Creighton, who
was “wrong,” was no less qualified than the IAI-certified experts Wynn and
McCloud, who were “right.” It is only because we now agree with Wynn
and McCloud that we deem Creighton incompetent. Notice the circularity
of Meagher’s argument: “Having looked at the prints, I would certainly say
that these individuals were lacking . . . .” 353 It is by looking at the evidence,
that we are able to judge the expert’s competence. Yet, in all routine
fingerprint cases it is only by looking at the competence of the expert that
we are able to judge the evidence!