DEFENCE CASES

R –v- Patel:

Crown Court at Leicester (2016): Health and Safety/ Gross negligence manslaughter. Defence of man working on building site, charged with offences relating to death of window fitter falling from height (ongoing).

R –v- Kevin Goss:

Crown Court at Sheffield (2014); Health and Safety / Corporate Manslaughter. Defence of a Maintenance Manager employed by Sterecycle (Rotherham) Ltd., a company operating a waste recycling plant. Company charged with Corporate Manslaughter following the death of an autoclave operator, and serious injury to another, when a door locking ring failed releasing steam and debris under pressure. The Company was the first defendant on the indictment but was in liquidation, did not attend and was not represented at trial. Mr Goss was personally facing charges under section 7 Health and Safety at Work Act (evidentially meeting a case of gross negligence manslaughter), as were the operations manager and operations director. Mr Goss also faced a charge of perverting the course of justice. He was the second defendant on the Indictment so the management of his defence case was crucial to the defences of the 3rd and 4th defendant, and had an impact on the liability of the Company for Corporate Manslaughter. Effective cross examination on behalf of Mr Goss on all issues led to identification of development and engineering failures for this prototype equipment, which was the responsibility of Directors of the equipment manufacturing company and Directors of Sterecycle who had not been charged. Tactical decision taken that, in the absence of the Company, and in order to advance the case of Mr Goss, the jury needed to see that he had been made the scapegoat. This raised the issue of commercial pressure driving the operation of the business and difficulties faced by the maintenance team in providing a full service schedule. Legal argument led to successful acquittal of the individual defendant on section 7 charge before close of prosecution case. Jury acquitted of remaining charge of perverting course of justice. (October-November 2014)

R –v- Tute:

Crown Court at Lincoln (2013) Manslaughter/ Health & Safety: Defence of building site manager charged with responsibility for the death of subcontractor falling from scaffolding after contractor had moved piece of scaffolding. Advised on the issues of personal liability of the site manager as against that of the corporate liability of his employers. Prepared for trial to meet the way the case was being put on personal liability, and challenged the alleged breaches. Advised on acceptable plea and negotiated basis of plea. Community Order.

R –v- Adrian McMurray:

Crown Court at St Albans (2013): Defence of owner of transport business charged with Manslaughter, Health and Safety offence and Tax fraud following investigation into death of driver of vehicle in motorway crash. Instructed shortly before trial, swiftly mastered extensive evidence. Critical analysis of CCTV evidence identified flaws in assumptions behind evidence of renowned sleep expert; worked with tachograph expert to challenge understanding of VOSA records of prohibition notices etc., challenged Health and safety advisors; Tax fraud charges: identified double counting and advised on an acceptable basis of plea. (March-June 2013).

R –v- Bacon

(Isleworth 2012): Gross Negligence Manslaughter – HGV lorry driver affected by drug withdrawal suffered epileptic fit and drove tipper truck through crash barrier on A4 West London. Passenger in oncoming taxi killed. Gross negligence alleged on basis of knowledge of previous black outs believed to be drug induced, and deception in applying for HGV licence. Although in hours preceding incident had driver carefully and safely and been subjected to random roadside VOSA stop. Advised on evidence and basis of plea to mitigate the inevitable sentence.

R –v- Lederman

(Blackfriars 2014) : Defence of 83 year old driver. Charges of causing death by dangerous driving and inflicting grievous bodily harm (recklessness). One pedestrian killed and second pedestrian suffered life changing injuries when vintage Mercedes collided with them at speed when car mounted pavement. Issues pre-trial included fitness to be tried, fitness to attend trial. Issue before jury was whether driving was voluntary when affected by mental capacity of defendant to recognise pedal confusion and take corrective action. Automatism left to jury. Convicted of dangerous driving; acquitted of inflicting harm on surviving pedestrian.

R –v- Doak

(Crown Court at Croydon 2012) : Defence of driver causing death by dangerous driving. Daughter (55) and sole carer, driving elderly parents home from lunch; lack of attention possibly falling asleep at the wheel, collision with oncoming vehicle, led to death of mother and serious injury to father. Negotiated plea to lesser offence of death by careless driving with prosecution, and persuaded Judge to place case in lowest category and to pass Community order with minimal condition.

R –v- Laxton

(Brighton): Defence of elderly female driver (76) charged with causing death by dangerous driving after collision with oncoming vehicle and death of 86 year old driver. Issue at trial was prosecution allegation, with expert evidence of falling asleep at the wheel. Defence case based on probable epileptic episode – onset with age. Legal defence of insanity, with possible verdict of not guilty by reason of insanity. Considerable client care required as defendant had never been in a Court in her life and was distressed by whole proceedings and felt enormous guilt for responsibility of the death of another. Persuaded jury to acquit of any criminal charge

R –v- Turner

(Worcester 2010). Defence of elderly driver (81) charged with causing death by dangerous driving when he drove in wrong lane on A- Road and collided head on with 2 motorcycle riders travelling at speed. After exploration of all medical issues, advised on plea. Judge satisfied by material in mitigation that he would depart from Sentencing Guidelines and pass short custodial sentence and suspended it.

R –v- Tomlinson

(Nottingham 2015). Defence of woman jointly charged with murder of her uncle. She was a vulnerable person with a severe alcohol problem. She was present at the time of the killing and partially cleaned part of the scene. Perverting the course of justice admitted. Acquitted of murder after successful submission at close of prosecution case.

R –v- Qayyum

(Isleworth 2015) Defence of man charged with murder of elderly mother in law. She died from a large number of serious wounds inflicted with large bladed cutting implement. Acquitted of murder, convicted of unlawful act manslaughter.

R –v- Christopher Royston

(Nottingham June 2014). Defence of 23 year old charged with murder while in alcoholic stupor and with no memory of events. Multiple injuries, in particular a shoe print left on head of victim. Footwear and blood distribution expert evidence challenged. Co-defendants blamed him for all the violence. Management of cut-throat defence.

R –v- Vaughan Davies

(Birmingham 2013) Murder: Defence of immature “at risk”,18 year old; killing of alcoholic in his flat with older co-defendants; issue of joint enterprise, presence for part or all of incident/participation; cut throat defence as defendant had reported incident to police and identified co-defendants.

R –v- Hutchinson

(Liverpool 2012): Defence of accountant employed by Invaro who were providing legal services for personal injury cases. Successful cross examination of witnesses on details of evidence relied upon to support threadbare inferences leading to collapse of SFO case in second week of 12 weeks trial. [Publicity: comment appeared in Private Eye]

R –v- Emmett

(1989-1992): As Junior Counsel, alone, represented the defendant charged with fraud offences following the investigation into the financial collapse of Britannia Park Theme Park in Derbyshire. The trial remains one of the longest single jury trials in legal history – 252 days. All other defendants were convicted. See R –v- Kellard and others [1995] 2 Cr.App.R. 134. Mr Emmett was acquitted

PROSECUTION CASES

R –v- Turner

(2016) – Murder: prosecution of man who drove his van into and over the victim after short argument in the street. Defence was accident followed by panic after vision impaired by spray in face. Conviction.

R –v- Price and Price

(2015) - Causing or allowing death ; prosecution of mother and grandmother in relation to death of 7 month old baby that died from dehydration, together with charges of child cruelty. Issue over cause of death.

R –v- Wheatley

(2015) – Murder – Father killing of 4 ½ year old daughter. Issue of diminished responsibility based on Autistic spectrum disorder (ASB) and Attention Deficit Hyperactivity Disorder (ADHD). Conviction

R –v- Johal

(2014) Murder by 17 year old killing best friend in drunken/drug fuelled argument with single stab wound to neck severing major blood vessels. Conviction for manslaughter.

R –v- Ellson

(2014) - Murder - Killing of elderly coin dealer in his home. Circumstantial evidence from CCTV etc. to establish defendant associated with deceased at material time. Bad character relevance argued as defendant was convicted and persistent fraudster and was relevant to motive and dealings with deceased; special measures for adult witnesses. Use of non-publicity order for witness. Conviction

R –v- Underwood

(2013) Manslaughter –Defendant assaulted/chased victim into road killed by passing car. Complicated issues as Defendant wrongly informed by Police that no charge would follow and bail cancelled. CPS at appropriate level had not made any decision at that time. Father of deceased challenged CPS over decision making. Advised on meeting arguments for abuse of process and dismissal, and subsequent submission at half time. Re-assured deceased’s father that case back on track. All defence submissions rejected and case went to trial. (Jury acquittal)

R –v- Williams

(2013) Death of baby. Charged as manslaughter . Instructed shortly before hearing, as leader, to draft skeleton and argue against dismissal application based on conflicting medical expert evidence on cause of death for new-born baby.

R –v- Whelan and Lee

(2012) - Murder of child by mother’s partner. Silk alone – (Defendants both with silk and junior). Presentation of evidence from expert pathologist and paediatric specialists. Conviction.

R –v- Joseph, George and Williams

(Court of Appeal:2011) : Murder – single stab wound with knife: Issue joint enterprise as joint principals / secondary parties. Convictions. Responded to appeals : Convictions upheld.

R –v- Bartley

(Crown Court at Cambridge (2011) Murder of mother by her partner in presence of a child. Child age 4 gave evidence – only possible after gaining her confidence and persuading her to co-operate when she had become upset and proceedings delayed. Advisory work for CPS on murder includes drafting Respondents Notices for Court of Appeal.

R –v- Cunningham

Instructed by CPS HQ in 2013 to respond to application for leave to appeal out of time in relation to 2003 conviction for murder (trial Counsel leader and junior both retired/not available). Murder of baby by father and scene staged by him to implicate mother. Reviewed case papers and transcripts. Prepared detailed Respondent’s Notice. Leave refused.

R –v- Jackson

(2011) – submitting Prosecution argument in the matter of an application under paragraph 3 of schedule 22, Criminal Justice Act 2003 in relation to tariff setting by Nichol J in relation to life sentence for murder ; Counsel was junior Counsel at the original trial in 2000 before Garland J. Murder in 1985 (one of first ever “Crimewatch” reconstructions) defendant finally identified through advances in early forms of DNA profiling 13 years after murder, supported by circumstantial evidence.

R –v- Jackson

(2011) – submitting Prosecution argument in the matter of an application under paragraph 3 of schedule 22, Criminal Justice Act 2003 in relation to tariff setting by Nichol J in relation to life sentence for murder ; Counsel was junior Counsel at the original trial in 2000 before Garland J. Murder in 1985 (one of first ever “Crimewatch” reconstructions) defendant finally identified through advances in early forms of DNA profiling 13 years after murder, supported by circumstantial evidence.

R –v- Stolarski

(Crown Court at Lincoln 2014): Rape and False Imprisonment– ex- Partner rape. Issue consent. Case conducted through interpreters as complainant and defendant Polish. Conviction.

R –v- Davies, Cordery, Flack, Malpas, Connolly and others:

Operation Rockferry - Reading Crown Court 2012 Prosecution of a paedophile ring; 7 defendants; conspiracy to rape, aiding and abetting rape, distribution of indecent images. Instructed by CPS Thames Valley . Evidence gathered by Metropolitan Police Specialist Unit – working with Police forces in Thames Valley Northamptonshire Wiltshire Cheshire – use of undercover officers infiltrating offenders; management and presentation of large quantity of e-mail traffic, recovered computer related evidence, and images of child abuse levels 1-5 and extreme images. Additional material presented included phone and cell site mapping. Two children had been identified and one gave evidence at trial (and re-trial). Particular sensitivity shown by Counsel to the child witness on first trial gave child courage to return for re-trial. Counsel drafted the legal direction, adopted by trial judge, for aiding and abetting rape charged against a female defendant. Teamwork with Senior Crown Advocate and Police to produce effective schedule of e-mail and computer use in hours leading to a particular rape, maximising the impact of the evidence on presentation to the jury. All convicted. 5 pleaded; 2 after trial. Advised on responses to appeals against sentence.

R –v- Entwistle, Horne, Doherty others:

Prosecution of Local authority officer and architect for management of contract for refurbishment of traveller site facilities and unauthorised payments to the co-defendants.

R –v- Hale:

Prosecution of procurement officer in the MoD based at RAF Brampton taking bribes from American company. Conviction and Confiscation order.

“Operation Mushroom“

Large scale corruption by West Midlands and East Midlands Co-operative Society executives receiving bribes from wholesale supplier. Convictions followed by extensive Confiscation proceedings.

HEALTH & SAFETY

• an engineer managing prototype recycling waste cleaning equipment that exploded killing a worker and seriously injuring another
• a builder who had no safety systems in place to protect a contractor coming onto the site who fell through an unguarded hole and died from his injuries
• a builder who had no adequate health and safety systems in place when making substantial alterations to the Luton Mosque, and those failures culminated in an accident in which a casual worker was fatally injured when he fell from a ladder 
• a site manager who made minor modifications to a scaffold structure which was not compliant with regulations, on a site investigated after a fatal incident
• a man for manslaughter and regulatory offences for offering a dangerous drug therapy to drug addicts as a quick fix medical alternative to long term addiction therapy
• a transport Manager and haulage company owner charged with manslaughter and other offences, arising from the a number of serious breaches of the drivers’ hours regulations, including extensive tachograph evidence 
• Advising a major rail industry company on the action to take after a fatality, and co-operation with the HSE
• Addressing a Kent Integrated Care Alliance conference attended by Care Home Owners and Managers on the impact of regulations and risk of prison sentences for breaches of regulations and failures in Health and Safety