‘A Strong Bench of Experienced Counsel’
Legal 500 2019
Kerim Fuad QC
Legal 500 2017 recognises Kerim as a ranked QC for Terrorism and Knife Murder Cases.
Year of Call - 1992
Year of Silk - 2010
About
Listed in “Who’s Who.”
“First Class, I can say no more”
Martin Harvey, Partner, Angela Porters
“You’re blxxdy excellent at what you do and you do it with swag”
FC, Murder Client.
“Thorough and meticulous in preparation, a charming advocate and a joy to work with…”
Peter Woodley, Partner, St James solicitors.
“Kerim delivered, in defence of his client, one of the most powerful and eloquent closing arguments I have ever seen”
Public Defender, USA
“Kerim Fuad QC’s supreme mastery of the evidence is only surpassed by his ability to charm jurors and judges alike. He combines being the father of the house at the central criminal court with an extremely approachable and down to earth character who leaves clients with an unvarnished understanding of their predicament and a sense of relief that they are represented by the man to get them out of it.”
Sean Longley of GT Stewart Solicitors.
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Kerim Fuad QC is Head of Church Court Chambers and the former Leader of the South Eastern Circuit. He is the first choice highly experienced defence silk for instructing solicitors’ high-profile, sensitive and most difficult cases. Kerim is a QC who is prepared to roll up his sleeves and fight...
Read moreKerim Fuad QC is Head of Church Court Chambers and the former Leader of the South Eastern Circuit. He is the first choice highly experienced defence silk for instructing solicitors’ high-profile, sensitive and most difficult cases.
Kerim is a QC who is prepared to roll up his sleeves and fight fearlessly for his clients. His win rate is breathtaking and is second to none. He has been described as an “ingenious” barrister with a unique ability to relate effortlessly with juries. The court trusts him.
Kerim Fuad QC was the elected Leader of the South Eastern Circuit for 2017 and 2018, a reflection of the esteem with which his peers and the senior judiciary view him.
Kerim is regularly instructed in high-profile, complex and sensitive cases, for example the murder of Damilola Taylor, “the Exeter Bomber”, “the Three Cooks Bakery” murder “the Clockwork Orange” murder, the Uber Driver wife murderer, to name but a few. Kerim’s extraordinary energy, humanity and compulsive attention to detail means that he enjoys great success in defending his trials.
Accordingly he has regular success in huge fraud trials, including by way of example the largest fraud against the NHS to date. He recently represented the main defendant in a 3 month fraud alleged against deaf charities, a complex allegation of cheating the revenue matter at the Old Bailey. He was also counsel in of the largest European human trafficking cases ever.
He is also an Environmental law specialist, working for Thames Water.
Since taking silk Kerim has developed a practice of back to back murder, terrorism, serious sexual abuse and fraud trials, nearly exclusively at the Old Bailey, where he has been described by a resident judge as “the father in the house.”
Kerim has a wealth of past experience prosecuting crime (in particular sexual abuse) at all levels. This gives him a huge insight into the need to protect and understand the needs of vulnerable witnesses. The combination of his empathy, determined and sensitive approach led to great success which later formed the template for his highly astute trial tactics.
He was chosen to work on both National and Local “Better Case Management” Committees in a bid to improve the quality of the experience facing all court users. In particular those who are the most disadvantaged and who naturally can find the crown court an oppressive, daunting and scary place to appear. He hopes to help break down those boundaries.
Kerim is specialist vulnerable witness trained. He has a vast deal of experience in dealing with and obtaining the immediate trust of young and challenging clients and prosecution witnesses. His experience of mental health cases, especially unfitness to plead, defences of insanity and diminished responsibility is second to none.
Kerim has built a first class reputation for winning. He thrives on difficult cases and securing acquittals against the odds, in the face of seemingly the strongest of evidence.
This is why he is one of a small group of QCs who are regularly instructed to defend the most serious cases in the country at the Old Bailey.
He is renowned for his ability to cross-examine experts on complex forensic evidence, and is often instructed in murder cases which demand his understanding of forensic pathology and cell site analysis. He is an outstanding jury advocate who has an innate ability to bring warmth and humour to even the most sensitive of cases. He is renowned for his passionate and persuasive opening and closing speeches.
Kerim is highly regarded for his meticulous attention to detail and he values the importance of having Queen’s Counsel on board from the earliest opportunity and regularly insists on seeing clients in conference to reassure them even before a representation order for Silk is granted.
Kerim accepts instructions in all criminal and international matters and has been instructed by leading magic circle firms, to provide his criminal and regulatory expertise.
Kerim has long had an interest in international law and the benefit to be gained in learning from other legal jurisdictions and forging close cultural ties. Kerim was born in Kampala, Uganda and has lived in Hong Kong; he is of Cypriot heritage. Kerim proudly Co- founded and Co- Chairs “the Cypriot Lawyers’ Society.”
In March 2018 he was specifically chosen by the British High Commissioner to teach advocates in Cyprus and harmonise relations between the two communities. He made strong associations with both Chief Justices there and met their respective judiciaries.
Having fled Uganda as a refugee in the 1970s, he understands better than most the difficulties displacement and isolation can bring.
He has provided a detailed paper to assist the Law Commission on its consultation on the law of Insanity and Automatism. Furthermore he has helped in the response to the Law Commission’s consultation on “Misconduct in Public Office.”
In November 2016 he was the only QC in the country to be selected to visit the Scottish High Court and attend the Scottish CBA Conference.
There he was privileged to give a detailed talk on “Registered Intermediaries- The Theory in Practice in England and Wales.” He has developed strong ties with the Dean and Vice-Dean of the Faculty of Advocates.
From 2012 to 2016 Kerim Fuad QC was an active member of the Executive of the Criminal Bar Association.
He was the appointed Chair of the Hertfordshire and Bedfordshire Bar Mess from 2013 to 2016.
Kerim is a qualified Advocacy trainer for the Middle Temple.
He has also been a pupil supervisor for 18 years.
Kerim Fuad QC believes that with the right positive mindset anything can be achieved.
“Do the right thing, not the easy thing.”
Cases of note
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criminal law
R v DB and others – Old Bailey – September – November 2018
Kerim Fuad QC’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 QC’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 QC has secured in his last 10 trials.
He 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 QC 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 QC 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 QC 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 QC wins again Mr Fuad QC’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 QC 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 QC 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 QC 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 QC’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 QC 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.
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business crime
R v S.H and others – Luton Crown Court -Rape and Misconduct in Public Office. December 2017.
Mr Fuad QC 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 QC 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 QC was leading Matthew Kirk instructed by Cartwright King Solicitors.
R v S.E – Coventry Crown Court – Rape. October 2017
Kerim Fuad QC succeeded yet again in university rape case.
Mr Fuad QC represented a young man accused of the rape of a fellow University student. After a trademark opening speech by Mr Fuad QC, straight after the crown’s opening, and his meticulous cross examination (which was praised by the Judge for its sensitivity) Mr Fuad QC exposed the complainant’s account.
Mr Fuad QC’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 QC 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 QC 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 QC 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 QC 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 Queen’s Counsel – Kerim Fuad QC 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 QC 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 QC’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 QC’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 QC led Ray Tully of Guildhall Chambers.
He was instructed by Damon Whitlow and Emily Evans of Allen Hoole Solicitors, Bristol
News
Patrick Upward QC
Year of Call - 1972
Year of Silk - 1996
About
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Patrick is a highly experienced practitioner who specialises in defending cases involving murder and manslaughter. After years prosecuting high-profile cases involving terrorism and serious fraud, Patrick specialises in defending homicides – where he combines a meticulous approach with an ability to put defendants at their ease. He devotes time and...
Read morePatrick is a highly experienced practitioner who specialises in defending cases involving murder and manslaughter.
After years prosecuting high-profile cases involving terrorism and serious fraud, Patrick specialises in defending homicides – where he combines a meticulous approach with an ability to put defendants at their ease.
He devotes time and attention to evidential detail – on the long-held principle that time spent in reconnaissance is seldom wasted. He has a good network of expert witnesses and a strong knowledge of firearms and ammunition.
Patrick prides himself on his ability to communicate with defendants, giving them the time they need – and helping them remain calm despite the serious charges they may face.
He believes in taking time to support the family of a defendant – helping them stay aware of what is happening during a period of difficulty and stress.
Patrick is also a recorder with both criminal and civil jurisdiction, and a tribunal judge with the mental health review tribunal.
Interests
Patrick teaches advocacy at the University of Hertfordshire
Appointments
Recorder (criminal and civil jurisdiction)
Tribunal judge with mental health review tribunal
Master of the Bench, Inner TempleCases of note
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criminal law
R v S, 2017
Attempted murder/Section 18, in which the defendant eviscerated his victim with a machete. Not guilty both counts.
R v F, 2016
A Royal Marine charged with fraud and theft and possession of 500 rounds of rifle ammunition. Not guilty on all counts Truro Crown Court.
R v B, 2016
Wood Green Crown Court. Attempted murder/Section 18. A North London street gang stabbing. Not guilty on all counts.
R v Baker, 2016
Attempted murder, in which the victim was stabbed 46 times. Snaresbrook Crown Court.
R v M, 2016
Gross negligence and manslaughter, whereby the victim was killed by mechanical digger – guilty, sentence suspended. Wolverhampton Crown Court.
R v K, 2016
Murder, the victim shot in care home by husband who was found not guilty of murder and sentenced to a hospital order. Chelmsford Crown Court.
R v B, 2016
Murder, in which the victim was beaten to death. Client found not guilty of murder, guilty of manslaughter and sentenced to a hospital order. Winchester Crown Court.
R v F, 2016
Murder, in which the victim was stabbed 8 times by neighbour. Found guilty of manslaughter – 13 years imprisonment. Inner London Crown Court.
R v C, 2016
The victim, a suspected paedophile, was stabbed. Chelmsford Crown Court.
R v R, 2016
Victim was beaten to death. Winchester Crown Court.
R v L, 2015
Historical child sex offences. Guilty and sentenced to 23 years’ imprisonment. Southwark Crown Court.
R v R, 2015
Victim was driven over 6 times with a large Mercedes. Defendant sentenced to life imprisonment. Chelmsford Crown Court.
R. v. C, 2014
Murder of one identical twin by the other. Winchester Crown Court.
R. v. I, 2013
Cage fighter acquitted of murder. Maidstone Crown Court.
R. v. S and others, 2013
Substantial fraud involving stolen scrap metal. Acquitted of all charges. Oxford Crown Court.
R. v. N, 2013
Attempted contract killing. Victim survived. Acquitted on all charges.
R. v. A, 2012
Contract killing. Central Criminal Court.
R. v. H and another, 2012
Billion dollar negotiable instrument fraud. Southwark Crown Court.
R. v. G and others, 2012
Drugs conspiracy involving transport of heroin through British Army bases in Germany. Manchester Crown Court.
R. v. A and others, 2012
Unprovoked attack on a man at night. Acquitted of manslaughter. Central Criminal Court.
R. v. K and another, 2012
Money laundering Columbian drug funds. Southwark Crown Court.
R. v. A, 2011
Rape, s.18 and child cruelty. Acquitted of all charges. Blackfriars Crown Court.
R. v. R and others, 2011
Conspiracy to import drugs by the ton from Columbia. Acquitted of all charges. Central Criminal Court.
R. v. A and others, 2009 – 2012
Known as the Airline Bombers’ Case. The defendant was acquitted of the main charge of conspiracy to destroy aircraft. Woolwich Crown Court.
R. v. Brown and others, 2008
Known as the Lakeland Terrorist Training camp case. B was acquitted. Woolwich Crown Court.
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business crime
R. v. H and others, 2014
Corporate manslaughter and health and safety offences. Acquitted of manslaughter.
R. v. H, 2014
Multi-million investment fraud. Southwark Crown Court.
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Richard Carey-Hughes QC
Year of Call - 1977
Year of Silk - 2000
About
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Richard Carey-Hughes QC is a highly experienced silk with a heavy criminal practice primarily centred at the Old Bailey. He specialises in all aspects of criminal law including murder, organised crime and serious fraud. He has a particular expertise in joint enterprise murder cases and successfully represented all four appellants...
Read moreRichard Carey-Hughes QC is a highly experienced silk with a heavy criminal practice primarily centred at the Old Bailey. He specialises in all aspects of criminal law including murder, organised crime and serious fraud.
He has a particular expertise in joint enterprise murder cases and successfully represented all four appellants in the then leading case of A,B,C & D in the Court of Appeal where Hughes LJ reviewed all the authorities prior to his more recent review (now as Lord Hughes of course) in the recent case of Jogee where a fundamental re-statement of the law was handed down. Since Jogee Richard has successfully contested a joint enterprise murder case at the Old Bailey where the interpretation and application of Jogee to the unusual facts was extensively canvassed. Richard has considerable experience in appellate matters and appeared in the House of Lords in the appeals which restricted the automatic inclusion of police officers and prosecutors on juries. He was involved in the Court of Appeal in the current leading authority on legal professional privilege which effectively overturned a long line of authority on this complex topic.
His practice in financial crime is extensive and includes appearances in cases which involve solicitors and accountants as defendants and also SFO prosecutions.
He is an LSM accredited Mediator. With forty years experience in adversarial advocacy and twenty years experience as a part time judge – together with a lightness of touch – Richard is admirably suited to assist in the resolution of contested cases and conflicts generally.
Chambers UK 2015 and Chambers 2016 entries.
Interests
Commercial Pilot’s Licence and extensive aviation expertise with BOAC and British Airways flying VC10s worldwide.
The arts, music, cinema, collecting, cricket and cycling and other sports, fly fishing, Bridge
Appointments
Recorder of the Crown Court 2000
Master of the Bench, Gray’s Inn 2006
Former Secretary of the Criminal Bar Association of England & Wales 1996- 1999
Member of South Eastern Circuit Committee 1997-2003
Editor CBA Newsletter 1993-96
Founding Trustee Kalisher Scholarship 1998
LSM Accredited Mediator
Cases of note
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regulatory and disciplinary law
Seaton 2010
Leading authority on Legal Professional Privilege.
C 2010
Low Copy Number DNA.
Ryan & Others
VAT fraud – issue as to legality of government VAT charges on gaming machines.
Abdroikof And Others: House of Lords
Whether fair to have serving police officers and CPS prosecutors on juries.
Moore 2014
Leading authority on entrapment by undercover officers.
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criminal law
A, B, C & D 2010
Leading authority on joint enterprise murder cases.
Olu & others 2010
Murder – character direction – guidance given by CA on disclosure
R v M 2018
Allegation of murder in Wormwood Scrubs prison. Defendant acquitted of all charges after 6 week trial at the Old Bailey.
W & others
Main defendant in large importation conspiracy relating to hundreds of Kgs of Class A drugs – undercover officer and possible participating informant. Case abandoned by prosecution mid-trial after disclosure arguments.
R & others
Gangland execution by shooting at Wandsworth Prison.
A & others
Op trident murder by shooting in Peckham.
G & others
Murder by teenage gang in South London.
J & another
Murder in Bristol as revenge on rapist.
I & others
Joint enterprise murder in South London.
H & others
Joint enterprise murder following kidnap and torture of victim.
G & others
Shooting murder of Hells Angel on motorway.
P & others
Operation Trident gang murder by shooting.
O & others
Gang murder – later appealed with extensive argument re character directions.
S & others
Revenge murder – successful appeal (ABC&D) followed by hung jury and subsequent acquittal.
R -v- B
Mother’s murder of two teenage daughters in their bedrooms.
B & others
Confiscation proceedings for £53m Tonbridge Securitas robbery.
R -v- F
Allegation of £144 million drug importations.
S & Others
Murder of Police Sergeant Robertson.
R -v- S
Police disciplinary trial – alleged drugs supply by officer.
A & Others
Leading “honour killing” murder.
M & M
Murder and dismemberment of gay victim.
K & Others
Double murder in turf war by Tamil gangs.
B & Others
Heathrow armed robbery.
H & Others
£30m Heathrow robbery.
S & M
Allegation of gangland murder.
R -v- F
Murder of partner followed by rape of her child.
S & others
Main defendant in large scale mortgage fraud involving a number of solicitors among defendants
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business crime
R -v- S
SFO fraud
R -v- O
Solicitor mortgage fraud.
S & others
£16 million VAT construction fraud.
R & Others
VAT fraud – issue as to legality of government VAT charges on gaming machines.
M & Others
Then largest ever tobacco VAT evasion.
O & Others
7 month long property fraud trial.
C & Others
VAT fraud by a firm of Chartered Accountants.
Benjamin Aina QC
Year of Call - 1987
Year of Silk - 2009
About
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Ben is a highly sought-after, stand-out Silk whose career reflects his strengths as an advocate, his analytical ability and meticulous attention to detail. Ben works with each client to achieve the best result obtainable, however challenging the circumstances. Ben was appointed Queen’s Counsel in March 2009, and to the Serious...
Read moreBen is a highly sought-after, stand-out Silk whose career reflects his strengths as an advocate, his analytical ability and meticulous attention to detail. Ben works with each client to achieve the best result obtainable, however challenging the circumstances.
Ben was appointed Queen’s Counsel in March 2009, and to the Serious Fraud Office QC list in 2009 and 2013. Prior to taking Silk, Ben developed a varied practice initially obtaining an LLM in company law, intellectual property law, company law and administrative law. Ben served as standing counsel to Her Majesty’s Revenue and Customs, an area where he continues to accept instructions in suitable cases.
Ben prosecutes and defends in equal measure and with equal commitment. Before taking silk he was a Grade 4 Prosecutor on the South Eastern and Midland Circuits and a long-standing advocate on the Specialist Prosecution Rape Panel.Ben continues to accept a wide range of work, including murder, commercial fraud, personal injury, actions against the police, contract and commercial disputes and Judicial Review. He is an experienced hand in the Court of Appeal and has assisted in the development in his list of decided cases.
Ben has served by invitation as special counsel to the Governor of the Cayman Islands to advise on constitutional matters relating to the judiciary and law officers. Ben’s broad knowledge of the law and his in-depth experience as an advocate informs each case he undertakes.
Ben is known for his commitment to the criminal justice system. He is a senior advocacy and ethics tutor for Lincoln’s Inn. He assesses advocates for the CPS Higher Advocates panel a role that includes assessing Queen’s Counsel employed by the CPS. He has been involved in providing training for those who will be involved in the development of the vulnerable witness programme.
Practice areas
Cases of note
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criminal law
R v. C Prosecuting Queens Counsel
Man kills wife due to lesbian affair. Loss of control defence. Defendant convicted.
R v. PC Prosecuting Queens Counsel
Man pushes former Eurotunnel boss onto train tracks. Attempted murder. Defendant convicted.
R v. L & M: Prosecuting Queens Counsel
Gangs steal free evening standard newspapers for profit. Instructed to give detailed advice on the law of theft. Both defendants convicted following trial.
R v AJ Defence Queen’s Counsel
Seven-handed murder. Obtaining successful acquittal on charge of murder. Manslaughter alternative verdict.
R v. HA Defence Queens Counsel
Four handed gang related murder at the Old Bailey. Successful acquittal.
R v BP Defence Queen’s Counsel
Two-handed murder. Obtaining successful acquittal on charge of murder of a 15-year-old. Manslaughter alternative verdict.
R v Cr Defence Queen’ Counsel
Acquittal of husband and wife (separately represented) on allegation of shooting and using a knife against family members inside and outside their home on Easter Sunday. Both accused successfully raising pleas of self defence.
R v Cu Defence Queen’s Counsel
Defending in four-handed murder. Victim attacked with various weapons and having been killed attempts had been made to dismember his body with an angle grinder. Accused acquitted of murder convicted of manslaughter but all other defendants convicted of murder.
R v A Defence Queen’s Counsel
Four-handed murder charge in context of drug-related offences. Allegations of torture. 16-year-old vulnerable defendant.
R v N Defence Queen’s Counsel
27 day three-handed murder and attempted murder, defending vulnerable 16-year-old defendant; victims also 16. Case involved the aftermath of an acid attack. Defences considered were diminished responsibility, legal loss of control, lack of intent and Post Traumatic Stress Disorder (PTSD), alternatively an adjustment disorder. D acquitted of murder but manslaughter by diminished responsibility.
R v D Prosecuting Queen’s Counsel
Death caused by driving when under influence of alcohol/drugs. Obtained successful conviction following 7-day trial for manslaughter.
R v B Prosecution Queen’s Counsel with junior and disclosure counsel
Five-handed murder, attempted murder possession of firearms and section 18 assaults. All parties both accused and victims were members of gangs in the Birmingham area.
R v F K Prosecution Queen’s Counsel
Five-handed attempted murder/conspiracy to cause grievous bodily harm involving serious allegations that police evidence had been planted and raising issues of when a judge should recuse himself in an ongoing case.
R v. AJ [2018]: Defence Queen’s Counsel
AG Ref. on sentence in Murder/manslaughter case. Sentence was not increased.
R v PW [2016] 2 Cr.App R 27, Prosecuting Queen’s Counsel
The applicable mens rea in indecent images, abuse of process principles; the Tryell principle, preferring indictments on electronic system; jurisdiction of the Court of Appeal in Terminating appeals.
R v JM [2015] EWCA Crim 1928 Prosecuting Queen’s Counsel
Issues arising relating to abuse of process; missing documents; terminating rules in the context of historic allegations of sexual abuse.
R v Sliogeris [2015] EWCA Crim 22 Prosecuting Queen’s Counsel
The correct approach to circumstantial evidence in murder cases.
R v. Stanton [2014] EWCA Crim 1695 Prosecuting Queen’s Counsel
The correct approach to bad character hearsay evidence where cut-throat defences are being run in murder cases.
Ulcay [2008] 1CR.App.R.27
Ambit and scope of cab rank principle in complex fraud cases.
Wallace [2007] 2 Cr App R 30 a
Application of bad character provisions in circumstantial evidence cases.
Malcolm v DPP [2007] 2 Cr App R Prosecuting Counsel
Admissibility of new evidence after justices have retired.
Abiodum [2005] EWCA Crim 09
Criteria to be applied before lawful intercepts can take place in prison.
De Silva (2003) 2 Cr..App.R. 40
Ambit of customs co-operation interviews.
Ex parte Salubi (2002) 2 Cr.App.R.40
Abuse of process in section 51 transfer cases.
Ofori & Tackie (No 2) (1994) 99 Cr.App.R. 223
Admissibility of foreign evidence in English Courts.
Okafor (1994) 99 Cr.App.R.97
Applicability of code C.10-12 in customs cases.
Amjad Malik QC
“Legal 500, 2019 – Leading Silk”
Year of Call - 1987
Year of Silk - 2010
About
“ The ‘calm and composed’ Amjad Malik QC is noted for his ability to provide ‘a clear case strategy from the off, and maintain it through the turbulent waters of a trial’.”
Ranked in Chambers & Partners: Crime
“Well–regarded advocate Amjad Malik QC is regularly instructed to prosecute and defend murder and organised crime cases.”
Leading Silk in Crime in Legal 500
“Regularly instructed to prosecute and defend murder and organised crime cases”
Leading Silk in Crime in Legal 500
“Experienced in prosecuting and defending murder cases”
Leading Silk in Crime in Legal 500
“Well regarded for a broad criminal practice focused on complex homicides and drugs conspiracies. He is particularly experienced in the area of white–collar crime.”
Leading Silk in Crime in Legal 500
“He is articulate and surgical in his advocacy, and the way he digests information and gives advice is amazing.” “He prepares his cases fantastically thoroughly.”
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A leading Silk in the field of Crime and in Fraud demonstrating a multi disciplinary skill set encompassing civil, commercial and criminal expertise. Amjad Malik QC is continuously instructed in the most complex and important of cases. He is sought after by solicitors because of his stylish, persuasive advocacy and...
Read moreA leading Silk in the field of Crime and in Fraud demonstrating a multi disciplinary skill set encompassing civil, commercial and criminal expertise.
Amjad Malik QC is continuously instructed in the most complex and important of cases. He is sought after by solicitors because of his stylish, persuasive advocacy and is known as being at the forefront in the field of fraud, corruption and commercial crime such including confiscation and restraint.
Recently he has been asked to advise clients in a matter with regard to facilitation payments under the Bribery Act. He represented JM in the landmark proceeds of crime case, A, M and others (Operations R and A), the money laundering of £40 million through London Currency Exchange Bureaus tried in 2013.
He has also recently represented KM in R v SB and others (Operation V) a MTIC fraud, causing a loss of approximately £95 million to the taxpayer. R v M and others 2015 defending in a Money laundering enterprise through a Midlands currency exchange.
He also executes a regulatory and civil expertise when appearing before specialist regulatory tribunals: the General Medical Council; the Nursing and Midwifery Council and the Healthcare Professionals Council. He presently represents a Consultant Professor in GMC v B, charged with publishing plagiaristic research articles in a number of international medical journals.
He has wide experience of many aspects of mental health law including mental capacity, healthcare law and human rights. His practice encompasses many areas in which this specialism is important, for example, the Court of Protection, prison law, community care, torts actions, inquests and inquiries.
He possesses an in–depth knowledge of terrorism offences and has long experience of “Honour Killing” crime; defending JD in the Southall murder of Geeta Aulukh at the Central Criminal Court.
Work Undertaken
– Commercial crime (including fraud and money laundering)
– Serious Crimes (including terrorism offences, murder, manslaughter and drugs)
– Professional regulatory and disciplinary
– Mental health and healthcare law
– Human rights
Memberships
Elected President of the Association of United Kingdom Muslim Lawyers (2011-2016) http://www.aml.org.uk/cms/ The membership consists of some seven hundred solicitors and barristers. He has helped in the development and advancement of understanding in areas of Sharia law with regard to English civil, commercial and family law. See seminars.
Lectures and Seminars
Sharia finance Seminar at Bar Council Rooms March 2014
Sharia “Dispelling Myths” with Professor Tariq Ramadan of St Annes Oxford at the Arab British Chamber of Commerce 2013.
He is regularly invited as a keynote speaker in Terrorism legislation, Honour Crime and Hate Speech crime seminars (“Speech Crimes” Published in The Barrister issue 48).
A keynote Speaker on “Wilful Neglect” and protecting vulnerable adults at Safeguarding Conference Islington and Lincolns Inn BIA conference in April 2014.
Languages
Fluent in Urdu
Fluent in Hindi
Fluent in Punjabi
Cases of note
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criminal law
R v SB and others
Representing KM in R v SB and others (Operation Vex) Kingston Crown Court. Defendant involved in a massive MTIC fraud, causing a loss of approximately £90 million to the taxpayer.
Anwoir, Meghrabi and others
Representing JM in the second trial arising from the landmark proceeds of crime case, Anwoir, Meghrabi and others. Money laundering of £40 million through London Currency Exchange Bureau. Kingston Crown Court.
R v Miah and others
Defending in a money laundering enterprise through a Midlands currency exchange.
R v Singh and others Central Criminal Court
Defending the so called “honour killing” of Geeta Aulukh in a residential street in Southall by defendant and 3 others using machetes.
R v Aiden Jackson CPS Lincoln/East Midlands
Prosecuting leading Counsel Homophobic murder of an elderly disabled man by a 17 year old teenager who had lured the victim to a remote area in order to kill him.
R v Malik Blackburn and another St Albans CC Thames Valley Complex Crime Unit (TV CCU)
Conspiracy to Murder. Leading Prosecuting Counsel in a targeted shooting of a Organised Crime gang rival – The victim survived the attempt on his life and refused to provide evidence to the Crown of who shot him.
R v Malik Blackburn St Albans CC TV CCU
Corruption – Leading Prosecution Counsel in a case involving payment to a civilian employee in order to obtain access to Police Computer database and obtaining information on rival organised crime gang members. Computer and telephone evidence issues.
v Masciopinto and 4 others Luton CC TV CCU
Heroin and Cocaine supply conspiracies– Leading Prosecution Counsel involving surveillance visual and probe material. Sensitive unused material issues.
R v Craig Leighton Reading CC CPS Reading
Murder of a visually impaired and disabled man by the defendant.
R v Wall and 2 others Reading CC TV CCU
Leading Prosecution counsel. Murder of an Asian gang member by a rival Black gang in Slough. Gang member issues and anonymous witnesses.
R v Newell and 4 others Luton CC TV CCU
Conspiracy to Murder and attempted murder. Leading Prosecution Counsel Contract killing paid for by an organised crime gang on 2 rival gang members in Luton.
R v Wali Khan & Others Birmingham Crown Court Mr Justice Globe
The torture and murder of a businessman in a targeted robbery at residential premises in Leicester. The murder was carried out by the defendant and two others, forcibly wrapping the head of the deceased with layers of cloth in order to kill by asphyxiation. Cut–throat defences.
R v Muhammed Shafi Reading Crown Court HHJ Z Smith
A pre–planned murder of the defendant’s female partner, who was taken to a remote area late at night, the defendant using a knife and heavy metal cutters to kill. Loss of control was raised as the defence to murder.
R v Frankie Parker and Gary Smith Cambridge Crown Court Mr Justice Singh
The beating and brutal murder of a 76 year old man during a robbery, carried out in his own home by the defendant and another. Cut–throat defences involving witnesses who were all from the travelling community.
R v Sandhu Penuts Harrow Crown Court
An Albanian drug cartel the subject of surveillance operations conducted by the Serious Crime Agency. Defendant found with 4 kilograms of Heroin (street value 1 million pounds) and acquitted.
R v Mark Lewis Northampton Crown Court
19 year old defendant who robbed and killed a stranger in the town centre in the early hours of the morning.
R v Sajjad Hussain & others Luton CC
Defendant with three others attacked rival gang members with meat cleavers in Bedford Town centre, murder of one man and the attempted murder of another.
R v Quaye and 2 others Norwich CC
Leading Prosecution Counsel. Two defendant’s, age 15 and 17, charged with murder of a young man at a party by joint enterprise stabbing. Third adult defendant involved in assisting an offender after the murder.
R v Suleiman and others
Chelmsford Crown Court - joint enterprise murder.
R v Hnida and others and R v Stawski
Oxford Crown Court - Polish gang related murder.
R v Clements
Hull Crown Court - defending murder involving a killing by the cutting of the throat in a residential street.
R v Thomas White
Luton Crown Court - murder of a man involving GHB/GBL and Mephedrone overdose.
R v Lewis Thornton
Wolverhampton Crown Court - manslaughter during a robbery.
R v Robert Chellingworth
Exeter Crown Court - Assisted suicide.
R v Paul Cooke
Wolverhampton Crown Court - Prosecution of Murder of elderly homeowner during robbery.
R v Michael Dannaher
Oxford Crown Court defending the Excel Sheet/Wind in the Willows 1st Edition Murderer who was targeting celebrities.
R v Swift, Ryan and 3 others
Chelmsford CC – Honey trap murder prosecution.
R v Ben Richardson
Nottingham Crown Court - Prosecution of Murder by 19 year old with fitness to plead, diminished responsibility and loss of control issues.
Operation Diesel
Prosecuting Operation Diesel Birmingham CC. A 13 defendant Conspiracy to supply Cocaine and Money laundering.
R v SE Cardiff Crown Court, December
Recently advised and obtained leave to appeal the conviction of a mother for the murder of her 7 year old son by beating because of a failure of the boy to recite the Koran properly. Issues raised on appeal as to failure of trial Judge to allow expert evidence on Honour based violence sustained by the defendant at the hands of her husband.
R v H Nottingham Crown Court
Representing a Solicitor, who faced witness intimidation charges arising out of a criminal trial that he himself conducted. Appeal against original conviction successful but Court of Appeal ordered a re–trial. Appeared for the defendant in the retrial and Defendant was acquitted after submissions made of no case to answer.