Libertas Chambers

𝗥 𝘃 𝗦𝗮𝗿𝘁𝗶𝗻 – 𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹 – 𝗦.𝟰𝟲(𝟯) 𝗖𝗝𝗔 𝟮𝟬𝟬𝟯 – 𝗝𝘂𝗱𝗴𝗲𝘀 𝘀𝗶𝘁𝘁𝗶𝗻𝗴 𝗮𝗹𝗼𝗻𝗲 𝗳𝗼𝗹𝗹𝗼𝘄𝗶𝗻𝗴 𝗮 𝗷𝘂𝗿𝘆 𝗱𝗶𝘀𝗰𝗵𝗮𝗿𝗴𝗲 𝗮𝘀 𝗮 𝗿𝗲𝘀𝘂𝗹𝘁 𝗼𝗳 𝘁𝗮𝗺𝗽𝗲𝗿𝗶𝗻𝗴. [𝟮𝟬𝟮𝟰] 𝗘𝗪𝗖𝗔 𝗖𝗿𝗶𝗺 𝟳𝟲𝟰 Darren Snow, instructed by CLP Solicitors, appeared for the Appellant before the Lady Chief Justice in this recent appeal. The appeal focused upon the unfairness to a defendant where the actions of a third party led to a finding of jury tampering and the trial judge ruled under s.43(3) CJA 2003 that they would continue the trial sitting alone having discharged the jury. The trial concerned alleged involvement in a conspiracy to smuggle over £50 million of MDMA to Australia hidden in a Doosan Digger that was shipped to Australia under the cover of a legitimate sale of the digger in late 2020. The prosecution case relied heavily on Encrochat communications. In this case the tampering occurred, following a 4-week trial, whilst the jury were in retirement and on a majority direction. There was no suggestion that the Appellant had played any part in the tampering that took place. The underlying facts were such that all sides had agreed that a jury discharge was necessary. A key point raised in this appeal was the fact that the trial judge had sat on an earlier trial where co-defendants were tried and convicted - thus arguably rendering it unfair for him to now sit alone to conclude this case. The Appellant had been severed from that first trial due to serious health issues at the time rendering him unfit to stand trial. The appeal was dismissed. The Court rejected submissions in respect of unfairness and potential bias. The Court upheld the general principles set out in their decision of R v Mohammad (Shahid) [2024] EWCA Crim 34; [2024] 1 Cr App R 25 from earlier this year. It remains the position that a defendant can lose their right to a jury trial where tampering is found to have occurred regardless of any culpability on a defendant for the actions of others. #Appelate #Barrister #UKLaw #CourtOfAppeal

Darren Snow, instructed by Ziyad Lunat of Z & Z Solicitors, secured a suspended sentence for their client at a recent sentencing hearing. Originally facing Arson with Intent to Endanger Life and the prospect of a contested trial, the Defendant faced a significant prison sentence if convicted. Darren and Ziyad sought expert evidence on the Defendant’s underlying mental health to show that the Defendant was suffering a serious mental health breakdown at the time. He had initially set fire to himself in a suicide attempt inside the family home with the fire then spreading to the property causing significant damage. The Crown accepted the medical evidence, and the case was resolved on a guilty plea to reckless arson. Listing backlogs and lack of capacity at Court meant that the sentence hearing had to be adjourned several times. During time on remand the Defendant was an exemplary prisoner, undergoing successful treatment to manage his mental health and was treated for significant burn injuries to his legs that left him with limited mobility. With the extensive mitigation and full credit for the guilty plea obtained, the Judge was persuaded to step back from immediate custody. The Defendant and his family expressed their sincere thanks for the hard work of Darren and Ziyad over the last 6 months and with the result achieved. #Barrister #Defence #Crime #UKLaw #Chambers

𝗖𝗮𝘀𝗲 𝗨𝗽𝗱𝗮𝘁𝗲: Kieran Galvin, instructed by Luke Bromham-Evans of Gomer Williams & Co solicitors successfully defended his client, securing an acquittal at Cardiff Crown Court in respect of an allegation of perverting the course of justice. The principal offender was convicted of murder. Following two trials the client was convicted of assisting an offender but cleared of the much more serious offence of perverting the course of justice. Following the murder it was alleged that the client hid the co-defendant at his home address, treated an injury sustained in the murder and arranged transport for him. The client did not give evidence. In his closing speech, Kieran Galvin relied entirely on the client’s interviews with the police. #cardiff #law #barrister #chambers #crowncourt #defence #allegation #justice

𝗚𝘂𝗹𝗮𝗺 𝗔𝗵𝗺𝗲𝗱 𝘀𝗲𝗰𝘂𝗿𝗲𝗱 𝗮 𝘀𝘂𝘀𝗽𝗲𝗻𝗱𝗲𝗱 𝘀𝗲𝗻𝘁𝗲𝗻𝗰𝗲 𝗳𝗼𝗿 𝗵𝗶𝘀 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗱𝗲𝘃𝗲𝗹𝗼𝗽𝗲𝗿 𝗰𝗹𝗶𝗲𝗻𝘁 𝘄𝗵𝗼 𝘄𝗮𝘀 𝗰𝗵𝗮𝗿𝗴𝗲𝗱 𝘄𝗶𝘁𝗵 £𝟯.𝟮𝗺 𝘁𝗮𝘅 𝗳𝗿𝗮𝘂𝗱.   The investigation and charges came out of the Panama papers scandal where over 10 million documents had been leaked. The case dated back to the sale of land in 2007 in Wakefield for over £10m. The case against the defendant and his brother was to avoid tax of £3.2m, they have sold part of the land to a company they controlled in Gibraltar, and then moved the money to a company based in the British Virgin Islands. The defendants were charged following unsuccessful engagement in the COP9 procedure.   Through intense negotiations and successful application to defer sentence, the Court was eventually persuaded to pass a suspend sentence in a case where ordinarily the sentence would have been a lengthy term of custody.   Gulam Ahmed was instructed by Arshad Ali of Ashmans Solicitors' serious crime and fraud team. Read more about the case on the ITV Website - link in the comments. #Fraud #Defence #Crime #Barristers

𝗚𝘂𝗹𝗮𝗺 𝗔𝗵𝗺𝗲𝗱 𝗴𝗲𝘁𝘀 𝗰𝗮𝘀𝗲 𝗱𝗶𝘀𝗺𝗶𝘀𝘀𝗲𝗱 𝗳𝗼𝗿 𝗰𝗹𝗶𝗲𝗻𝘁 𝗰𝗵𝗮𝗿𝗴𝗲𝗱 𝗼𝗻 𝗮𝗻 𝗶𝗻𝗱𝗶𝗰𝘁𝗺𝗲𝗻𝘁 𝘄𝗶𝘁𝗵 𝟭𝟲 𝗰𝗼𝘂𝗻𝘁𝘀 𝗰𝗼𝗻𝘁𝗿𝗮𝗿𝘆 𝘁𝗼 𝘁𝗵𝗲 𝗠𝗼𝗱𝗲𝗿𝗻 𝗦𝗹𝗮𝘃𝗲𝗿𝘆 𝗔𝗰𝘁 𝟮𝟬𝟭𝟱 𝗮𝗻𝗱 𝗡𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗠𝗶𝗻𝗶𝗺𝘂𝗺 𝗪𝗮𝗴𝗲 𝗔𝗰𝘁 𝟭𝟵𝟵𝟴. Following complaints to the Gangmasters and Labour Abuse Authority from several individuals, Gulam Ahmed’s client was charged along with two others. It was alleged that Gulam’s client was the manager of a hotel where people had been forced to work, and a Letting Agency in Stoke-on-Trent where young people were employed on fictious apprenticeships and paid below minimum wage. Through a detailed analysis and careful consideration of the evidence, Gulam applied to dismiss all charges on the basis that evidential threshold had not been met and the minimum wage allegations lacked a key legal component. Following a review of the application, the prosecution conceded and dismissed all charges. Gulam Ahmed was instructed by Nadeem Majid of M&M Solicitors. #Crime #CriminalDefence #Barrister #UKLaw

𝗝𝗔𝗠𝗘𝗦 𝗗𝗢𝗬𝗟𝗘 𝗗𝗘𝗙𝗘𝗡𝗗𝗦 𝗖𝗟𝗜𝗘𝗡𝗧 𝗜𝗡 𝟴 𝗗𝗔𝗬 𝗙𝗜𝗥𝗘𝗔𝗥𝗠𝗦 𝗧𝗥𝗜𝗔𝗟 𝗔𝗧 𝗖𝗥𝗢𝗬𝗗𝗢𝗡 𝗖𝗖 James Doyle, instructed by Goran Stojsavljevic of Berkeley Square Solicitors, defended Sheraz Majeed in an 8 day trial at Croydon Crown Court in respect of allegation of 8 counts of firearms offences. The defendant ran a dry-cleaners in Thornton Heath, which was the subject of a raid by firearms officers in October 2020 as part of Operation Trident in execution of a search warrant following a shooting in nearby Mitcham. The defendant was unanimously acquitted on the 8 counts he faced on the trial indictment alleging offences of possession of the firearm, the two silencers and the ammunition with intent to endanger life and simple possession of those items. More information on this case can be found at our website - link in the comments. #Barrister #Firearms #CriminalDefence #UKLaw

𝗟𝗶𝗯𝗲𝗿𝘁𝗮𝘀 𝗖𝗵𝗮𝗺𝗯𝗲𝗿𝘀 𝗮𝗿𝗲 𝗱𝗲𝗹𝗶𝗴𝗵𝘁𝗲𝗱 𝘁𝗼 𝘄𝗲𝗹𝗰𝗼𝗺𝗲 𝗔𝗹𝗲𝘅𝗮𝗻𝗱𝗿𝗮-𝗠𝗮𝗿𝗶𝗮 𝗘𝘂𝗴𝗲𝗻𝗶𝗰𝗼𝘀 𝗮𝗻𝗱 𝗝𝗮𝗺𝗲𝘀 𝗗𝗼𝘆𝗹𝗲 𝘁𝗼 𝘁𝗵𝗲 𝗖𝗵𝗮𝗺𝗯𝗲𝗿𝘀. Alexandra-Maria Eugenicos has a busy practice in the Crown and Magistrates’ Court and brings a solid record of securing a favourable outcome for her clients from bail applications through to jury trials and at sentence. She joins Libertas with recent experience in independent practice against a background of working as in-house counsel at a leading criminal defence firm in London. James Doyle is a leading junior defence barrister who, throughout his career, has appeared in almost every Crown Court in the jurisdiction of England and Wales. His wealth of experience enables him to deliver consistently positive outcomes for his lay clients. To learn more about their individual practices and specialties, there are profile links in the comments. #Barristers #Chambers #Libertas #UKLaw

We're proud to announce that Dr. Felicity Gerry KC has been honoured with a spot on the Pro Bono Recognition List for her exemplary commitment to providing pro bono legal services. This prestigious acknowledgement highlights her dedication to access to justice for all. Congratulations, Felicity Gerry KC! #ProBono #LegalExcellence Learn more about the list and its impact by visiting the website (link below) #AccessToJustice #JusticeForAll #LegalImpact

𝗗𝗮𝗿𝗿𝗲𝗻 𝗦𝗻𝗼𝘄 𝗶𝗻𝘀𝘁𝗿𝘂𝗰𝘁𝗲𝗱 𝘁𝗼 𝗱𝗲𝗳𝗲𝗻𝗱 𝗶𝗻 𝗠𝘂𝗿𝗱𝗲𝗿 𝗰𝗮𝘀𝗲. Darren Snow, instructed by Ziyad Lunat of Z&Z Solicitors, has been instructed to defend in Operation Tornado, a Leicestershire police investigation, in respect of the murder of Bhajan Kaur. The case is set for PTPH (Plea and Trial Preparation Hearing) in July at Leicester Crown Court. More information about this case can be found via links in the comments. #CriminalDefence #Barristers #Crime #UKLaw

𝗚𝗲𝗿𝗮𝗿𝗱 𝗛𝗶𝗹𝗹𝗺𝗮𝗻 𝗮𝗻𝗱 𝗔𝗱𝗿𝗶𝗮𝗻 𝗞𝗮𝘆𝗻𝗲 𝘀𝘂𝗰𝗰𝗲𝘀𝘀𝗳𝘂𝗹 𝗶𝗻 𝗱𝗲𝗳𝗲𝗻𝗰𝗲 𝗼𝗳 𝗳𝗶𝗿𝘀𝘁 𝗱𝗲𝗳𝗲𝗻𝗱𝗮𝗻𝘁 𝗶𝗻 𝗢𝗽𝗲𝗿𝗮𝘁𝗶𝗼𝗻 𝗦𝗶𝗹𝘃𝗲𝗿 Gerard Hillman and Adrian Kayne’s client was arrested with 2kg of cocaine and a large amount of adulterant on 2 separate occasions less than a month apart. Operation Silver involved the supply of vast amounts of heroin, cocaine and MDMA. Evidence included the conspirators use of over 800 kg of adulterant. Gerard and Adrian’s client’s defence was based on their client being a modern slave. The jury unanimously acquitted their client on all counts after a 6-week trial. Gerard and Adrian were instructed by Tom Trobe of Pure Law Criminal Defence Solicitors in Cardiff. #Barristers #CriminalDefence #Chambers #OperationSilver