Stephen Bailey

Called in 1991

About Stephen Bailey


Called in 1991

At a recent murder trial, a senior Old Bailey Judge, specifically commended Stephen
Bailey, for the “Excellent representation of his client during the trial” See the case of Ali (2010.)

• Instructed on a regular basis in two counsel cases, as leading counsel.

• Instructed in serious, complex and difficult cases but always available to represent clients at all levels of criminal cases to ensure that the client has the best available representation.

• A first – class and very successful trial barrister. A go-to lawyer.

• A hard working and dedicated defence brief, who always presents to the court, fearlessly and without regard to his personal interests, the defence of his client.

• Excellent client care skills.

• A likeable and very approachable lawyer.

Extensive experience in cases involving:

• Serious fraud, murder and sex cases, as leading and junior counsel.

• Organised criminal gangs

• Defendants’ turning “Queen’s Evidence” See the cases of Bull, and Hussain .

• Mental health, fitness to plead and fitness to stand trial issues.

• The representation of young or vulnerable clients.

• The difficult and sensitive area of the cross examination of child witnesses.

• The cross examination of expert witnesses, in relation to such diverse matters as pathology, blood
spatter evidence, D.N.A, ballistics, fire arms residue, cell site analysis and forensic accountants.

• The vital area in case preparation, of disclosure, P.I.I. and third party disclosure

PROFESSIONAL MEMBERSHIPS


C.B.A. & South Eastern Circuit.

V.H.C.C: V.H.C.C. accredited.

PRACTICE AREAS


 

EXPERIENCE AND INSTRUCTIONS

 

Cases of note

R -v- Brennan, C.C.C. (2013) – Murder (led junior). A 12 handed gangland shooting case. Cut throat defences abound. Cell site analysis played a key part in this case. 8 week trial. Reported in the media.

R -v- McDonald, Southwark C.C. (2013) – Wine investment / boiler room conspiracy to defraud investors of over £4 million (leading counsel.) 10 week trial. Reported in the media.

R -v- Andrews, Woolwich C.C. (2013) – Rape. Complainant had psychological difficulties.

R -v- Clark, Croydon C.C. (2013) – Kidnap and false imprisonment in the context of an attempted rape.

R -v- Davies, C.C.C. (2012) – Murder (leading counsel). Drug gang execution. Cut throat defence. Cell site analysis and CCTV analysis played significant roles in the trial.

R -v- Regan, C.C.C. (2012) – Murder (leading counsel). The multiple and frenzied stabbing of the defendant’s drug dealer who attempted to rob and attack the defendant with a baseball bat and knife. Unlawful burial of the corpse. Detailed cross examination of the pathologist and blood spatter expert. Bad character played a significant role in the trial. Reported in the media.

R -v- Line, Ipswich C.C. (2012) – Murder (led junior). The execution (shooting) of two hit men who had attended the defendant’s small holding with a view to committing arson and to attack the defendant. Mobile phone evidence, D.N.A, ballistics and bad character played significant roles in this trial.
Reported in the media.

R -v- Peckham, Lincoln C.C. (2012) – Sexual assaults in relation to 3 of the defendant’s step children and computer downloading of voluminous quantities of child pornography. A forensic computer expert was instructed to analyse this case and to give evidence as to the likely user of the computer at the relevant times of the downloads, based upon the actual internet activity on the computer over a 6 month period.

R -v-Maestri, Isleworth C.C. (2011) – A two handed, historic sexual abuse case. Stephen defended the first defendant, who had been accused of sexually assaulting an 11 year old pupil, when
he was a senior lay teacher at St Benedict’s Roman Catholic School. It is noteworthy, that the defence adduced at trial the defendant’s previous convictions (guilty pleas) to similar allegations against former pupils, in three previous prosecutions, as part of the defence case.
This case, and several other cases in relation to this school, have been reported in The Times
newspaper.
Lord Carlile of Berriew, recently lead an inquiry into sexual abuse at St Benedict’s in the 1970’s and also into the efficacy of the past and current child protection provisions at the school.

R -v- Al – Jouma, Oxford C.C. (2011) – A nightclub doorman was accused of raping a customer jn the toilets of the club. Reported in the media.

R -v- Powell, Maidstone C.C. (2011) – A very unpleasant child cruelty case.

R -v- Kentish, Croydon C.C. (2011) – An historic case, of systemic rape and sexual assaults by the defendant of 3 of his grand children and two of their young friends over a period of 4 years.

R -v- Karkut, Maidstone C.C. (2011) – Murder (junior alone). The successful defence of a Polish man,
accused of murdering a fellow compatriot. As a result of defence submissions, the Crown were
persuaded to offer ” no evidence” prior to the P.C.M.H.

R -v- Williams, Reading C.C. (2011) – A 4 handed witness intimidation case with threats to kill a key witness if he gave evidence the following day in a murder trial. Reported in the media.

R -v- “X”, Y C.C. (2011) – a case of the utmost sensitivity involving P.I.I. and informant information. A very successful result.

R -v- Freaney, Oxford C.C. (2011) – Murder (led junior counsel). The issue in this case was whether the strangulation / death of the defendant’s partner, occurred during a consensual sex game and was manslaughter, or did not and was murder. Reported in the media.

R -v- Coates, Harrow C.C. (2010) – A major 5 handed conspiracy to steal railway equipment.

R -v- Ali, C.C.C. (2010) – Murder (leading counsel). The preliminary issue here, was whether the
defendant was fit to plead and or stand trial. The issue at trial, was whether the defendant “did the
act”. The case had a heavy forensic scientific content, notably pathology, blood spatter and
psychiatric evidence. The representation of Ali, was described by the trial judge, as “excellent” (See above). The case included a relatively novel aspect, as the defendant who was “unfit” to travel south, watched and participated in the proceedings, via video link from Sheffield Crown Court.

R -v-Williams, C.C.C. (2010) – Manslaughter (junior alone). The Issue was self defence. A one punch
manslaughter case. Reported in the media.

R -v- Pham, Newcastle C.C. (2010/2009) – Representing the first defendant, in a multi million pound,
12 handed cannabis cultivation case, using dozens of house in the wider Newcastle area.

R -v- Haq, Southwark C.C. (2010 / 2009) – Representing (leading counsel) the first defendant, in a 5 handed conspiracy to steal over £1 million, from a bank account. The funds were laundered by a practising solicitor – one of the co-defendants’ at trial. The client had a cut throat defence with 3 of the 5 defendants. Reported in the media.

R -v- Brown, Newport C.C. (2010/ 2009) – Representing one of the main defendants’ in a 16 handed
conspiracy to supply Class “A “drugs between Birmingham and South Wales. The case included a
significant amounts of probe and surveillance evidence.

R -v- James, C.C.C. (2009) – The stabbing of the defendant’s drug dealer. The defence raised diminished responsibility and intoxication.

R -v- Thanh Van Le, Cardiff C.C. (2009) – (V.H.C.C.) (led junior counsel) Stephen conducted the majority of the cross examination of the co-defendants’ in a 6 handed cut throat murder case. The case flowed from a nationwide cannabis cultivation conspiracy. The deceased was punished / attacked for stealing a crop from one of the factories.
R -v- Simao, Wood Green C.C.(2007) – An 8 handed, major nationwide D.S.S. fraud.

R -v- McGuigan, Snaresbrook C.C.(2007) – A 3 handed conspiracy to defraud / commit forgery
(production of counterfeit / forged immigration documents). The issues included a cut throat defence by
a partially sighted co-defendant, alleged by the Crown to have held himself out as an immigration
lawyer and therefore able to assist his clients in obtaining false do

R -v- Cagali,, Southwark C.C. (2007) – A 16 handed, conspiracy to supply Class “A” drugs. The case
involved 150 hours of undercover surveillance evidence and test purchasing audio / video tapes. The
defendant relied upon the defence of duress.

R -v- Osman, Wood Green C.C. (2006) – A 5 handed conspiracy to supply Class “A” drugs. The issues
were duress and entrapment.

R -v- Mansoor, Harrrow C.C. (2006) – A 4 handed conspiracy to import / supply Class “A” drugs with
an actual supply to two undercover officers. The issues included entrapment and duress and the
admissibility and relevance of an intelligence gathering interview ( the officers were in the witness box
for 3 ½ days). The defendant was in the witness box, giving evidence in chief for 3 days. The defendant
admitted to being a retired drugs dealer / police informant in Nairobi, Kenya.

2. TWO COUNSEL CASES – AS LEADING COUNSEL:

Murder and manslaughter

R -v- Davies, C.C.C. (2012) – (above).

R -v- Regan, C.C.C. (2012) – (above).

R -v- Ali, C.C.C. (2010) – (above).

R -v- James, Southwark C.C. (2009) – (above).

R -v- Thanh Van Le, Cardiff C.C. (2009) – (above).

R -v- Brennan, C.C.C. (2013) – Murder (above).

R -v- Line, Ipswich C.C. (2012) – Murder (above).

R -v- Freaney, Oxford C.C. (2011) – Murder (above).

R -v- Kandola, Birmingham C.C. (2009) – A 7 handed attempted murder and violent disorder, at the
Vaisakhi festival, emanating from political differences between worshipers at a Sikh Temple in
Birmingham. Reported in the media.

R -v- Azam, C.C.C. (2008) – A 3 handed murder case. The Crown successfully applied for multiple anonymity of witness orders.

R -v- Johnstone, C.C.C. (2007) – Representing a 12 year old boy charged along with 5 other boys under
the age of 15, with the manslaughter of a 65 year old man. The issues were joint enterprise, causation,
and the legal requirements of unlawful act manslaughter. The conviction was overturned on appeal. Reported in the media.

R -v- Hussain, Birmingham C.C. (2007) – Murder. The Issue was the identity of the killer.

R -v- Sugirthan, Middlesex C.C. (2005) – Murder. The issues included the conflict of expert evidence as
to whether the stab wound was consistent with the claim of self defence, whether the client was fit
to plead and stand trial and whether “he did the act.” Mental Health Act disposal.

R -v- Hussain, Nottingham C.C. (2003) – A 7 handed Murder case. The case involved a 16 year old contract killer who turned Queen’s Evidence.

Drugs

R -v-Rainford, Kingston C.C. (2006) – An 8 handed conspiracy to import Class “A” drugs from several
islands in the West Indies and South America, with a further conspiracy to supply the drugs within the
U.K. – Birmingham. The issues included a cut throat defence, cell site analysis, mobile phone
evidence and significant disclosure matters. As a result of a section 8 C.P.I.A. 1996, disclosure request, on behalf of this defendant, the Crown offered no evidence against her.

R -v- Nazim, Croydon C.C. (2002) – (V.H.C.C.) – A 16 handed conspiracy to import and supply Class “A” drugs within the UK – London to Birmingham, and Yorkshire. The issues included probe evidence, mobile phone and observation evidence.

R -v- Gomez, Sheffield C.C. (2005) – The possession with intent to supply “Class A” drugs between
Leeds and London . The issues included entrapment and or fit up.

R -v- Singh, Birmingham C.C. (2002) – A 6 handed conspiracy to supply Class “A” drugs. The issues
included a detailed cross examination of 16 surveillance officers and disclosure.

R -v- Bull, Maidstone C.C. (2000) – A 7 handed conspiracy to import Class “B” drugs. The issues
included one defendant turning Queen’s Evidence. The client’s co-defendant brother, was a serving
National Crime Squad officer. The case was stayed for an abuse of process, three months after the trial
started.

Sex Cases

R -v- Yusuf, Birmingham (2009) – a 14 handed rape case. The one co-defendant at trial, had committed the offence whilst on the run for the murder of W.P.C. Beshenivsky.

R -v- Ali, Birmingham C.C. (2006) – An historic 4 handed gang rape and false imprisonment of two 13 year old girls, over a 3 day period, in 1995. The client was arrested in 2004, on the basis of advances in D.N.A. technology. Stephen led the submissions re: abuse of process (investigative failings). The conviction was overturned in the Court of Appeal, on the basis of the claim of an abuse of process.

R -v- Allahverdyan, Harrow C.C. (2004) – A 6 handed conspiracy to commit kidnap, false imprisonment, blackmail, rape, indecent assault and possession of firearms with intent re: 3 complainants. The issues included similar fact evidence and the admissibility of the statement of an unavailable complainant. The defendants were described by the Crown as “dangerous members of a
mafia style, Eastern European protection racket”.

Fraud and Theft

R -v- McDonald, Southwark C.C. (2013) – (above).

R -v- Khan, Birmingham C.C. (2008) – (V.H.C.C.) – Represented the first defendant on the Indictment,
in a 5 handed conspiracy to defraud / steal 30 high value cars from national dealerships, by making fraudulent applications for loans / hire purchase.

R -v- Tull, Ipswich C.C. (2007) – Represented the director of a company, in a 3 handed conspiracy to defraud people who had paid for time share accommodation and cheap flights. Reported in the media.

R -v-Taylor, Blackfriars C.C. (2006) – A 6 handed conspiracy to commit armed robbery / burglary of
circa 75 supermarkets and warehouses in the South East, over a 12 month period. The issues included a
cut throat defence, the extent of the clients involvement and cell site analysis.

R -v-Ahmed, Birmingham C.C. (2006) – A 5 handed conspiracy re a large scale and complex car cloning case. The issues included the admissibility of bad character evidence, a cut throat defence and fit up.

R -v- Kharazian, Blackfriars C.C. (2004) – A V.A.T. fraud over 8 years by a West London chain of
restaurants