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• criminal law

  R v BM and another – Old Bailey – July to August 2020

  On 10th October 2019 at 3.19 pm, a boy boarded the 241 bus on the way to Stratford wearing a balaclava and armed with a very large hunting knife. He proceeded to knife two 15-year-old schoolboys a total of 4 times, in front of terrified passengers, before running off the bus after B. A. who later died of his stab injuries.
  
  Mr Fuad KC’s client was also a 15-year-old schoolboy and was carrying an identical hunting knife in his rucksack which he was seen on CCTV to take out on the same bus to inspect. The defendants’ knives had been bought together. He was alleged to have been the look out and the one who “tipped off” his best friend from the top deck via a lengthy phone call, and other phone calls, to know which bus the deceased and his friends were on and pinpointing where the bus was.
  
  There was previous Snapchat talk involving all the boys in which knives were talked about and threats were made, including who was going to “be the first to be on someone’s blade.”
  Mr Fuad’s client was acquitted of all 4 counts.
  This acquittal adds to Mr Fuad KC’s quite extraordinary record of Murder acquittals, in particular over the last 10 years.
  
  The other defendant was unanimously convicted of the Murder of B. A. He will be sentenced in due course following probationary reports.
  
  This case has been widely reported in the national press, although reporting restrictions apply in respect of child defendants and witnesses.
  
  On a separate note:
  
  Both Mr Fuad KC and Miss Karaiskos are Cypriots who come from each of the island’s communities. The trial was a classic example of the two working as a successful, cohesive and powerful team.
  
  https://www.bbc.co.uk/news/uk-england-london-50427925
  
  https://www.independent.co.uk/news/uk/crime/london-stabbings-baptista-adjei-death-knife-crime-stratford-latest-a9153776.html
  

  Kerim was instructed by Mr Joel Lamptey of Hanson Woods solicitors.

  R v CM and another – Old Bailey – January to February 2020

  Murder and Conspiracy to rob. His client used a dumbbell to kill a drug user in Acton and steal cash and Rolex watches from him.
  
  Very powerful evidence connected CM to the murder scene, including; ANPR, CCTV, Cell site, three I messages sent to him by the co- defendant at the time of the killing referring to the need to “Hurry up and get the P,” a contemporaneous phone call that was recorded of the killing and Crimewatch searches done on his phone.
  
  He was convicted and received a life sentence with a minimum term of 32 years’ imprisonment.
  
  https://www.bbc.co.uk/news/uk-england-london-53310091
  
  https://www.mylondon.news/news/west-london-news/convicted-killing-dumbbell-17787100
  
  https://www.standard.co.uk/news/crime/ealing-paul-tong-murder-manslaughter-rolex-watch-a4367651.html
  

  Kerim was instructed by Shahid Khan of AdviceWise solicitors

  R v AM and others – Old Bailey - December 2019

  Kerim Fuad KC today secured the unanimous acquittal of a young man alleged to have been involved in a “brutal and savage” murder. The trial before HHJ Leonard KC at the Central Criminal Court began on the 2nd December 2019 and lasted four weeks. It was alleged that the victim was stabbed repeatedly to death with a large kitchen knife in front of horrified eye-witnesses in retaliation for being on the “territory” of the three defendants having threatened two of them with a knife. He was instructed on behalf of the first defendant.
  
  It was the defence case that the defendant together with a friend were being robbed by the victim, in an unprovoked incident, when another male emerged from nearby bushes and murdered the victim. It was advanced that there were, in effect, two separate incidents and thus the absence of a joint enterprise. Eye witnesses were skilfully cross-examined to establish a punctuation in time between the initial start of the incident, namely an altercation between the victim and the defendant said to be a robbery, and the end of the incident, when the stabber emerged from a hiding position and brutally attacked the victim.
  
  This was a highly emotive case involving four young males and brought under the spotlight the issue of joint enterprise post Jogee, and the sheer brutality and prevalence of knife crime.
  
  The stabber was duly convicted of Murder. The defendant and his friend were acquitted, however in such sad cases there are never any winners.
  
  This case was another acquittal for Mr Fuad KC marking number eleven of the most recent and sensitive murder cases in which Mr Fuad KC has successfully defended.
  
  It is the third consecutive acquittal for Mr Fuad KC and Mr Witcher when defending together in such cases.
  
  https://courtnewsuk.co.uk/accused-killers-were-in-wrong-place-at-wrong-time/
  
  https://www.dailymail.co.uk/news/article-7858197/Man-21-guilty-brutal-horrific-murder-18-year-old.html
  

  Kerim was instructed by Mahomed Ismail, Director of MFI Law, London.

  R v CS – Lewes Crown Court – November 2019

  In a murder case dubbed “The Midsomer Murder,” Kerim Fuad KC represented a man who broke into a Waterside house in Bosham, West Sussex late at night in December 2013 with a claw hammer. He used the hammer to attack and kill a grandmother who was house sitting. The horrific injuries, in particular to her head were described as “extreme and akin to those seen in a road traffic accident.”
  
  He then fled to Dej, Romania from where he was extradited under a European Arrest Warrant 6 years later.
  The case led to the most extensive police investigation in Sussex history. 9,000 people were interviewed and over 3,000 DNA samples were taken in a police hunt for her killer.
  
  The damning evidence was that he confessed to his ex partner and his dna was found on the bloodied hammer discarded at the scene.
  
  https://www.dailymail.co.uk/news/article-7236667/Hammer-killer-suspect-28-Midsomer-murder-case-Sussex-appears-Romanian-court.html
  
  https://www.telegraph.co.uk/news/2019/07/23/romanian-man-accused-midsomer-murders-killing-remanded-custody/
  
  https://www.thetimes.co.uk/article/suspect-in-bosham-hammer-death-of-valerie-graves-is-arrested-in-romania-px5szmbtl
  

  Kerim was instructed by Sef Mani of Bark and Co Solicitors.

  R v TP – Old Bailey- January to February 2019

  Mr Fuad KC represented Mr T.P who accused of the Murder of his wife and Arson with intent to endanger his family and an alternate count of reckless Arson.
  
  After a 13 day trial before the Common Serjeant of London, the jury found him guilty of murder, not guilty of Arson with intent, but guilty of reckless arson.
  
  The jury had been 2 days in deliberation.
  
  He was sentenced to a life sentence with a minimum term of 25 years’ imprisonment. He received a 7 year concurrent sentence for the reckless arson.
  
  His client was alleged to have strangled his wife and forced a flannel deep down the back of her throat whilst she was alive. The prosecution (and pathology evidence) strongly suggested he then dragged her across the floor, removing clumps of her hair (which were found in the hall way and bedroom), locked her in a bedroom and set her body (her head and private parts) and two rooms in the house on fire. Fire experts gave evidence as to it “having to be a deliberate setting of different fires in rooms.”
  
  His three children were prosecution witnesses against him saying he had dragged their mother across the floor from one room to another in which her body was found.
  
  T.P maintained that he was in fact dragging a suitcase, not his wife, and the killing and lighting of the three separate fires was an accident. He could not explain why he lit fire so close to her private parts, but said “it was spiritual like a séance.”
  
  When a neighbour, the deceased’s 80 year old parents and the refuse men came to the burning house to assist, he claimed many times over (and was captured on body worn footage) that his wife was not in the house but had “gone for a walk.” He verbally and physically pushed people out of the house refusing to let them into the bedrooms.
  
  He told the police that he had lit candles to “lighten the mood” and that the bite injuries which matched her teeth on his hand (a piece of his skin was later found), putting the flannel deep in her mouth, were caused by their pet dog. Other injuries to his face were caused; “when shaving.”
  
  Three weeks before the killing he had set up life insurance for the maximum payable to him upon his wife’s death of £310,000 and was also to benefit from her pension. The jury also heard of two earlier separate but unproven reports of him assaulting her, once by attempting to strangle her.
  
  He said in evidence that it was “a shame” she was dead.
  
  In evidence he said he was in shock and was attacked by his wife first who had kicked him to his knee, having initially given a “no comment” interview.
  
  https://www.bbc.co.uk/news/uk-england-london-47201007
  
  https://www.birminghammail.co.uk/news/midlands-news/controlling-bully-thomas-peter-who-15812151
  
  

  Kerim was instructed by Chanelle Wray of Dexter Henry Solicitors

  R v DB and others – Old Bailey – September – November 2018

  Kerim Fuad KC’s extraordinary run of Murder Acquittals continues On 31st October 2018, after a 7 week trial at his home court, the Old Bailey, Kerim Fuad KC’s client, D.B was unanimously acquitted of Murder. D was a 17 year old who was clearly captured on cctv running with a large knife in Logan Place W8 in a chasing pack of 20 young men who were chasing down a man, LB who was then, as the crown put it, “butchered” defenceless on the pavement. His client was also remarkably acquitted of manslaughter and violent disorder.
  
  It was the 9th acquittal Mr Fuad KC has secured in his last 10 trials.
  
  

  Kerim was leading James Hasslacher and instructed by Deborah Spence of Banks and Partners Solicitors

  R v F-D I and others – Old Bailey – November 2018 – January 2019

  Kerim Fuad KC maintained his unique and extraordinary run of 10 acquittals in his last 11 homicide trials, at the Old Bailey. He led Edward Boateng-Addo, also of Church Court Chambers, successfully representing Mr I who had allegedly played a key role in planning Mr S’s brutal killing with axe handles. He had followed and passed the deceased’s red car 13 times in a space of a few minutes whilst constantly on the phone for just under half an hour and reporting the movements of the deceased’s car to the driver of another car. The multi handed trial ran from early November culminating with their client’s acquittal today. The first 2 defendants were unanimously convicted of murder, another of manslaughter. Another defendant was also acquitted.
  
  
  

  Kerim was instructed by Ebenezer Madeinlo of Hanson Woods Solicitors.

  R v FK – Murder – Old Bailey – July 2018

  Kerim Fuad KC secures another Murder acquittal. After a fascinating and extraordinary trial at Old Bailey that ran some 6 weeks, the jury unanimously acquitted FK of Murder but convicted her of manslaughter. The case widely reported by the media. The defence case not helped by the client who had taken a video and photo of deceased dying on pavement which she posted with the words “that’s what you get for fxcking with me.” She also fabricated documents in the middle of giving her evidence.
  
  
  
  Telegraph
  
  BBC
  

  Kerim Fuad KC led Kevin Molloy of Church Court Chambers. They were instructed by Attiq Malik of Liberty Law.

  R v AS and others – Murder – Old Bailey – May 2018

  Kerim Fuad KC wins again Mr Fuad KC’s winning streak continued. The jury at the Old Bailey unanimously acquitted AS on counts of murder and also manslaughter as a lesser alternative. The incident arose over a £20 drug debt in Plashet Park in East Ham on 15th October 2017. AS’s case was that he threw one punch at a man who he thought was an aggressor and then withdrew from the incident. Another stabbed the deceased who died at the scene from a single wound to the heart.
  
  Telegraph
  

  Kerim Fuad KC was leading Robert Newcombe. They were instructed by Mahomed Ismail of MFI Law, Solicitors.

  R v D. L and others – Old Bailey – Murder. February 2018

  After a hard fought six week trial at the Old Bailey, Kerim Fuad KC and Fiona McAddy’s client, DL was the only one of the 5 defendants to be acquitted of Murder & Manslaughter. DL was unanimously acquitted.
  
  In what was one of his toughest cutthroat defences to date, Mr Fuad KC exposed the first 3 defendants’ lies, that their client DL was in the culprit car that went to the murder and whom was alleged by all to have played a lead part in the brutal and fatal knife attack on young Jermaine Goupall.
  
  This was in spite of DL getting a text shortly before the murder saying;
  
  “Get your nank we going 7.” 7 was a reference to “CR7” another part of Croydon with whom the gang who lived in “CRO” postcode had historical issues of taunting and violence.
  
  Complex issues relating to a co-defendant’s bad character dominated the case, and Mr Fuad KC’s powerful and incisive cross examination based in part around the fruits of the application decimated the accounts of the co-defendants, and critically, augmented the Crown’s case against them.
  
  Mr Fuad KC was the only silk to make a defence opening speech which firmly laid the foundation for their defence and took the sting out of the case against his client.
  

  He was instructed by Tim Edwards of Edwards Vaziraney.

• business crime

  R v S.H and others – Luton Crown Court -Rape and Misconduct in Public Office. December 2017.

  Mr Fuad KC represented the main defendant a Serco detention officer, Mr H, who was accused of very serious counts of rape and sexual assault of a female detainee at Yarlswood detention centre in Clapham, Bedfordshire.
  
  In addition his client faced an allegation of misconduct in a public office.
  
  In this high profile and complex trial Mr Fuad KC managed to thoroughly discredit the complainant’s account over two days by his incisive, sensitive but powerful cross examination.
  
  The allegations had hung over his client who was of impeccable character for over 5 years. His attention to detail and painstaking research into thousands of pages of material, comprising years of Serco and Home Office reports lead to a hugely focused and ultimately compelling cross examination of the complainant.
  
  His trademark opening speech set the tone from which the crown’s case never truly recovered.
  
  
  

  Kerim Fuad KC was leading Matthew Kirk instructed by Cartwright King Solicitors.

  R v S.E – Coventry Crown Court – Rape. October 2017

  Kerim Fuad KC succeeded yet again in university rape case.
  
  Mr Fuad KC represented a young man accused of the rape of a fellow University student. After a trademark opening speech by Mr Fuad KC, straight after the crown’s opening, and his meticulous cross examination (which was praised by the Judge for its sensitivity) Mr Fuad KC exposed the complainant’s account.
  
  Mr Fuad KC’s client who was a young man of impeccable good character, had given a complete and consistent account from the moment of his arrest that all sexual contact was consensual. He could not have assisted the investigation more.
  
  Unusually and a first for the very experienced trial Judge, the trial did not even get to half time as the crown in the exceptional circumstances of this case, simply had no choice but to offer no evidence after the cross examination had concluded. The Judge directed the jury who happily found him not guilty.
  
  Mr Fuad KC complimented his opponent in open court for the sensible decision he initiated, making plain how important it is that the independent Bar prosecute these sensitive and complex matters.
  
  
  
  

  Mr Fuad KC was instructed by Steve Halloran of Lawtons Solicitors.

  R v K.M and another – Old Bailey – Murder. July 2017.

  Another successful acquittal in a complex Murder trial, this time before HHJ Bevan KC at the Central Criminal Court. The victim had been stabbed at least 12 times in a senseless act of gratuitous violence; the motive inferred as revenge for the victim having dared “mess with the wrong people”. The defendant, K.M, an accepted road related (gang related) young man, was the owner of the car that carried the killers to the scene; the number plate having been noted down by an off duty police officer. The defendant was later positively identified on an ID procedure by an independent eye witness as being one of the two killers. When arrested the defendant’s face was half burnt – the car carrying the killers had been set on fire. Further, the defendant’s phone had ceased all contact with the co-defendant after the time of the murder.
  
  The jury acquitted K.M after the evidence, although seemingly compelling on its face, had been carefully dissected by the defence.
  
  The co-defendant was convicted of Murder and was sentenced to a life imprisonment with a minimum term of 26 years.
  
  
  

  Mr Fuad KC was instructed by Tim Edwards of Edwards Vaziraney and Co.

  R v L – Kingston Crown Court – Attempted Murder. March 2017

  An unusual case where the victim was stabbed repeatedly following a heated exchange over a trivial parking matter. The allegation was that the defendant, having had a fight with the victim on his doorstep, retreated to his house and retrieved a kitchen knife. After a few moments he was then captured on CCTV running through the cul-de-sac where both parties lived. Whilst the victim was sat in his car, unarmed, trapped by his seatbelt and sitting next to his partner, the defendant stabbed repeatedly through the open window, causing “devastating and life changing injuries.”
  
  The case was unusual in that the defendant’s evidence was that he simply could not remember what had happened – one moment he was at his front door with the victim, the next he was standing with a knife with people screaming at him that he had stabbed someone. The Crown argued that there was a clear intent to kill in that the defendant had said, as he went to get the kitchen knife; “Just watch what is going to happen next.” He then plunged the knife repeatedly into the victim and had told officers soon afterwards that he “had seen red mist”. He also made other unhelpful remarks noted by police officers. By good fortune and the commendable work of paramedics the victim survived, albeit being in a coma and sustaining life changing injuries. He spent many months in hospital. The added complexity to the case was that the defendant’s previous firm of solicitors withdrew having unusually breached legal privilege. As such the entire former legal team withdrew only a few days before the trial was scheduled to commence. The Learned Judge, HHJ Dodgson recognised that this unusual case deserved the attention of King’s Counsel – Kerim Fuad KC and Colin Witcher were instructed. The trial had in the first instance to be adjourned in October 2016 and the jury discharged, Counsel rightly not being satisfied that the case had been fully prepared by the original legal team and that critical matters of disclosure remained outstanding. The trial then took place this week and after a five day trial the jury took only an
  
  hour and a half to unanimously find the defendant “not guilty” of Attempted Murder.
  
  Kerim Fuad KC took the decision to make a robust and persuasive opening speech which helped quell much of the fire of prosecution counsel’s speech.
  
  The defendant had earlier pleaded guilty to section 18.
  
  Press: ITV: http://www.itv.com/news/london/2017-03-15/knifeman-jailed-for-frenzied-attack-on-his-neighbour-in-trivial-parking-space-row/ Standard: http://www.standard.co.uk/news/crime/jailed-for-five-years-thug-whose-frenzied-knife-attack-left-neighbour-in-coma-a3489841.html
  
  
  
  

  Counsel were instructed by Karmenah Vaziraney, Partner at Edwards Vaziraney

  R v J – Old Bailey – November 2016

  The Uber driver murder.
  
  Mr L googled how to stab his wife in the most painful way hours before he did so, inflicting many stab wounds.
  
  
  

  He was instructed by George Kampanella of EBR Attridge and Co

  R v E.S and others – Bristol Crown Court – May 2016

  Kerim Fuad KC’s client was acquitted of Murder in triple stabbing incident.
  
  After a two month Murder trial before the Honourable Mr Justice Openshaw, the jury unanimously acquitted Mr Fuad KC’s client, E.S of both Murder and S.18.
  
  E.S was one of the main defendants and was caught on a covert prison van recording, confessing to not only ‘not knowing whether he
  
  had licked the victim’ but also shouting ‘Get the Ting,’ at the time they were alleged by eye witnesses to have gone to the boot of the car to obtain the murder weapons.
  
  Two of the co-defendants were convicted JB of both Murder and S.18, and ND convicted of S.18. The rest were acquitted.
  
  Kerim Fuad KC led Ray Tully of Guildhall Chambers.
  
  

  He was instructed by Damon Whitlow and Emily Evans of Allen Hoole Solicitors, Bristol

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