Under the laws of civil procedure, there is a principle that the unsuccessful party to an action should bear the costs of the proceedings. This principle should be applied consistently: free legal aid should not be provided any more. It is up to the individual to decide whether or not to hire a defence lawyer.
The same principle applies on appeal: the unsuccessful party pays the court costs. The trial judge should not deliver an “incorrect” judgement and profit from it: the legal costs of the party who was unsuccessful at first instance should be refunded.
The decision is taken by one judge.
Experts don’t bear testimony in court but are delegated by the judge.