Family Ties Taint McLachlan Expert Witness: Lawyer

By IAN BAILEY -- Canadian Press

VANCOUVER -- An expert who testified in support of superstar Sarah McLachlan is tainted and his opinions should be discarded, says a lawyer for a man who is suing the singer.

Lawyer Jonathan Simkin said Bill Henderson's opinions were coloured because his daughter has worked as a backup singer for McLachlan.

"The relationship is too close for comfort and affects his ability to be objective," Simkin told Justice Bruce Cohen.

Simkin was on the second day of presenting his closing arguments in the copyright case that has dragged one of Canada's most successful performers into court.

Darryl Neudorf is seeking compensation and credit for four songs he says he helped write for McLachlan's 1988 debut album, Touch, which has sold 625,000 copies worldwide. He is suing various parties including McLachlan and her label Nettwerk Productions.

Henderson, a former leader of the Vancouver bands Chilliwack and The Collectors, testified Neudorf had written parts of the three songs, but received proper compensation for his work.

The songs are Steaming, Vox, Sad Clown and Strange World. Neudorf  is credited on Touch's sleeve for "pre-production
co-ordination and production assistance."

Simkin said Henderson's ability to offer an unbiased assessment of the situation was compromised by his daughter's professional links to McLachlan.

"The defendants had a world of experts to choose from," Simkin said.

"Why they chose an expert with such a relationship raises a number of questions."

While testifying, Henderson said he was able to be objective about the case despite his daughter's association with McLachlan.

But Simkin said Thursday that while Henderson is a veteran performer, he has no academic training in song analysis.

"Just because Henderson can write a song, (it) doesn't make him an expert in the analysis of music," said Simkin.

In past, the court was packed with fans looking on at McLachlan, 30, who regularly attended the trial accompanied by a pair of bodyguards.

However, McLachlan has not been present during closing arguments. A judgment is expected within a few months.

The Juno and Grammy-awarded singer is currently preparing for the release of her next album, Mirrorball, next week and a looming Lilith Fair that will take her across North America.

Neudorf was paid about $3,000 for his efforts. If he wins this case, a second trial would be held to calculate specific damages.

He was recruited by McLachlan's label in 1988 when the Halifax-born singer was a fresh-faced musical rookie brought to the West Coast to launch her musical career.

Simkin has suggested that McLachlan, though talented, simply lacked the experience to write songs on her own so needed the guiding hand of Neudorf.

McLachlan sharply rejected the suggestion in her testimony.

Simkin said it is clear that McLachlan could not write songs back in early 1988.

"She either suddenly became a prolific songwriter for the first and only time in her life, or she had help," he said Thursday.