General Crime
PC M (2019) Southwark Crown Court
Representing first defendant in allegations of Perverting the Course of Justice by police officers in respect of crash en route to emergency response call. You can read further here.
R v A (2017–2019) Newcastle Crown Court
Defending police inspector subjected to extensive surveillance operation facing charges relating to alleged relationship with an organised criminal network and use of police computer systems to disclose confidential information in meetings and phone calls
R v DC (2017) Birmingham CC
Defending deaf accused on charges of historical rape and sexual assault of mother-in-law, who was deaf from birth, without speech, virtually blind and communicated and gave evidence via Body Sign Language tactile signing. Familial witnesses all also deaf with similar special measures, as for defendant
PC H (2017) Southwark CC
Representing the first defendant in multi-handed prosecution of Gangs Unit police officers acquitted of assault and perverting course of justice in relation to prominent youth gang member
Student riots
2015
Representing first defendant in print and televised press covered trial of police officers accused of assault and perverting the course of justice at the student protests
Computer misuse
2015
Defending in relation to criminal misuse of sensitive computer databases and disclosure of confidential intelligence (Old Bailey)
Perverting the course of justice cases
2014 – 2018
Defending series of press reported cases where police officers stood accused of perverting the course of public justice (R v P, R v PC H, R v PC T, R v PC O, R v PC H, R v PC S, R v PC S, R v PC M)
Causing death and serious injury by dangerous driving cases
2013 – 2019
Defending series of dangerous driving allegations against police officers involved in collisions while driving on emergency response (R v PC F, R v PC R, R v PC H, R v PC D)
Abuse of authority sex cases
2013 – 2019
Defending officers in series press reported cases where police officers accused of criminally misconducting themselves in respect of women met through the office of constable (PC P, PC R, PC A, PS O, PC M, PC DB, PC Y, PC A)
R v U
2014
Defending police rape allegation, silk instructed for Crown where evidence excluded on basis of video interview procedural errors and first trial stopped on basis of disclosure complaints. No evidence offered at re-trial after Crown applications re witness summons and admissibility resisted
R v H
2013
Defending assault prosecuted by specially instructed Treasury Counsel – disclosure faults unearthed leading to concessions and rapid unanimous acquittals
Operation Elveden
2014
Defending Conspiracy to commit Misconduct in Public Office charges at the Old Bailey following the investigation into payments to police arising out of the News International saga
Phone hacking
2012
Westminster Magistrates’ Court and Old Bailey
Representing senior officers at freedom of press hearings
Re M
2012
Ipswich Crown Court
Wife of former formula 1 driver charged with multi-million pound revenue fraud after her arrest for larger Ponzi fraud. Reported in The Times, The Telegraph and other national press
R v V
2012
Court: Old Bailey
Prosecuting advanced cyber crime by organised criminal network involving malicious software harvesting bank details from users of genuine UK banking websites for storage and misuse on overseas servers
R v D
2012
Nottingham
Misconduct in public office case followed by BBC TV news
Contra Neil Moore 23 ES
Defending allegations of misconduct in public office, class A drugs and data protection by misuse of powers and privileged computer databases to target vulnerable women
R v C
2011
Southwark Crown Court
Contra: David Durose
Defending in complex car ringing and misconduct in public office conspiracy operated between a serving inmate, a prison guard, a police officer and civilian police staff
Barbar Ahmad trial
2011
Nationally publicised trial concerning arrest of terror suspect Babar Ahmad
Co-defending with Neil Saunders, James Hines and Richard Atchley
Defending officer acquitted in connection with allegations of assault of a terror suspect in the course of arrest and thereafter. A month long multi-handed trial, the final one presided over by HHJ Rivlin QC at Southwark CC, the case was unusually complex for an assault with over a dozen professional medical witnesses, including 5 consultant experts, international disclosure issues and secret service probe evidence. The case attracted a high profile, including live TV broadcasts from the major terrestrial and satellite channels
R v P
2010
Kingston Crown Court
Defending allegations of kidnap and torture. Involved issues surrounding expert evidence as to homemade cocktail of drugs and torture devices
R v B
2009
Corruption: led by Michael Bromley-Martin QC
Defending officer accused of conspiracy to commit misconduct in public officer by supplying Class A drug dealers with sensitive police intelligence over the course of years
R v Inner London Crown Court ex parte M
[2006] 1 WLR 3406
Remand legislation
Statutory construction of youth justice remand legislation and judicial review of remand of youths
R v Campbell
[2005] All ER (D) 18
Adverse inferences from silence
R v Gillham
[2005] All ER (D) 56
Challenge to domestic legislation by reference to Art 8 ECHR
The Stansted hijacking case
Central Criminal Court
Prosecution junior counsel in prosecution of 11 defendants for hijacking
R v Toomer and Others
[2001] 2 Cr App R (S) 8
Representing Toomer (sentencing for distributing child pornography on the internet)
Fraud
FSA insider trading
Led by Neil Saunders
Advising, drafting, and acting from pre-charge stage for FSA in significant insider trading prosecutions
R v L
Southwark Crown Court
Fraud by abuse of position
Defending senior financial products manager for large international bank on charges of fraud by abuse of position concerning use of privileged information to steal customer identities in order to access their accounts
Lecturing
Sole speaker at CPD course for MBL seminars upon Fraud and Recent Developments, for experienced practitioners.
R v A
Fraud by abuse of position
R v B and others
SFO Ponzi fraud
Junior counsel defending only acquitted defendant in a Category 2 SFO fraud with many aspects, including a Ponzi fraud in relation to investment in a gold mine, share dealing, banking instruments, insurance and reinsurance. A complex 24 count indictment evidenced by hundreds of thousands of pages of material was drastically reduced following successful dismissal arguments conceived through meticulous preparation. The trial at Liverpool Crown Court featured numerous experts, in particular from the scientific and financial fields and evidence by live link from abroad. Kevin used his familiarity with electronic evidence to negotiate this case
R v O and others
Largest detected fraud against NHS at its time
Kevin defended in this case concerning the largest ever payroll fraud detected against the NHS, at its centre a fraudster listed as one of the 10 most wanted criminals in the country. The payroll manager at King’s College hospital was recruited to create a ghost workforce by exploiting a loophole in the electronic payroll system. Conspiracy and money laundering charges were preferred by the Crown whose case was heavily document based. The entire trail from initial recruitment, booking of staff, timesheets, ‘prism’ system entries, matchnet reports was created and faked, expert computer evidence was relied upon
R v G and others
Serious and complex fraud
Defending conspiracy allegations centred around mortgage fraud
R v B and others
Serious and complex fraud
Defending conspiracy allegations centred around mortgage fraud
R v Owusu
Conspiracy to defraud
Junior counsel for prosecution on lengthy fraud indictment with international element
Police discipline
Kevin has conducted well over 100 effective police discipline defences across a multitude of different ‘police services’ countrywide
Delay by IPCC cases
2015 – 2019
Representing accused officers in various successful applications for stay of proceedings where culpable delay and significant departure from statutory regime in PRA 2002 by IPCC infringes officer’s Article 6 and 8 rights and causes inherent and specific prejudice justifying a stay of proceedings. Also acting in successful resistance to judicial review application by IPCC or other complainants seeking to overturn favourable result (Re H (MPS), Re Insp C and PC W (MPS), Re PCs B and G (Leicester), Re L and 4 others (TVP), Re Ga (MPS), Re Ra (MPS), Re Ev (MPS), PC F (MPS)
Deaths in custody
Death of Sean Rigg
2019
Defending accused officer in so called ‘cause celebre’ civil rights case of last decade.
https://en.wikipedia.org/wiki/Death_of_Sean_Rigg
https://www.bbc.co.uk/news/uk-england-london-47415005
Principal accused in death of Julian Cole
2018
Representing first accused in multi-handed national newsworthy allegations of mistreatment and dishonesty in connection with young man left with brain damage and severed spinal cord. Took lead in legal argument, cross-examination and mitigation. IOPC pressing witnesses to give inaccurate statements uncovered.
https://www.theguardian.com/uk-news/2018/oct/13/police-pressured-paramedics-to-give-inaccurate-statements-after-student-paralysed
https://www.bbc.co.uk/news/uk-england-beds-bucks-herts-45789343
PC K
2018
Representing officer on gross incompetence allegations following ejection of a homeless man from police station and locking him outside where he died in the morning following life saving treatment failures, the officer having watched a DVD during the shift. National press and radio focus.
https://www.independent.co.uk/news/uk/crime/police-officer-homeless-man-death-london-hypothermia-uxbridge-dvd-pericles-malagardis-a8642776.html
PS B (Staffs)
2017
Defending sergeant acquitted of gross misconduct in relation to death in custody of man tasered and bitten by police dog while in vulnerable drug intoxicated state. Each major terrestrial TV news outlet gave coverage to initial hearing, cleared on appeal (not reported)
https://www.bbc.co.uk/news/uk-england-stoke-staffordshire-41227022
TVP Five
2015
Defending all five TVP officers in gross misconduct proceedings directed by IPCC to be in public (pre 2015 amendment) based on significant public interest. All 5 fully acquittal on all elements of all allegations pertaining to use of force upon Habib Ullah culminating in his death and changes made to witness statements not disclosed which had led to collapse of first inquest and initial advising solicitor to be questioned under caution and referred to CPS and SRA
https://www.bbc.co.uk/news/uk-england-33139368
Disciplinary investigation touching upon the death of TM
2006-2009
Subject of Panorama documentary, concerning police failures in investigation into stalker ex-boyfriend of young woman later murdered by the same. Representing principal accused officer in proceedings both in discipline and judicial review proceedings brought by the family and consequent appeals
Off duty conduct principle cases
2017-2019
Defending allegations relating to off duty behaviour and conceiving novel legal argument as to the limits and material differences in the application of the Standards of Professional Behaviour to certain off duty behaviour. Interaction of SPB with Article 8 rights to personal and family life. (PC H (Kent), PC S-W (MPS), PC G (MPS))
Human Rights for police officers
PC G (MPS)
2017
IPCC investigated taser use case. Article 8 ECHR employed to win officer right to pursue new career pending hearing. Hearing stayed following delay abuse and disclosure arguments forcing IPCC u-turn after 5 years. Extent of failures exposed such that independent review of IPCC’s conduct by Northern Island Police Authority, departure of IPCC Commissioner and criminal investigation by Police Scotland into the IPCC ongoing
Human Rights ground-breaking in police context: Re IPCC
2017 – cont.
Conceived, researching, advising, and drafting High Court action in respect of various officers in relation to human rights breaches arising from delay and maladministration in the IPCC conduct of independent gross misconduct investigations. Silk instructed and arguable grounds for breakthrough ruling of application of Art 6 to police officers established at first instance defeat of application to strike out presented by Alison Foster QC
Computer misuse cases
2010 – 2019
Defending allegations of misuse of confidential police computer systems for purposes other than policing purposes (cases too numerous to mention)
Covert policing misconduct
2017 – 2019
Defending cases alleging misuse of covert police systems and processes for wrongful purposes (too numerous, recent cases e.g. Insp M (BTP), DC M (Sussex), PC S (MPS), PC H (Kent), Insp A (Northumbria) PC R (MPS))
Abuse of authority sex cases
2013 – 2019
Defending officers in series press reported cases where police officers accused of criminally misconducting themselves in respect of women met through the office of constable (PC P, PC R, PC A, PS O, PC M, PC DB, PC Y, PC A, R v MK (2007)(Case attracted national and international press across both hemispheres)
Bias appeals
2015
Series of successful Police Appeals Tribunals asserting lack of unbiased and independent tribunal, departures from prescribed procedures and improper use of fast track procedures (Re De B (MPS), Re Ha (Surrey), Re Gr (Surrey))
Plebgate
2014
Instructed to advise in defence of gross misconduct proceedings surrounding allegations of leaking plebgate stories to The Sun newspaper
Corruption cases
DC H
2018
Defending detective accused of obtaining and disclosing confidential information from Kent Police intelligence system in relation to an abuse victim on behalf of her partner’s friend, the alleged abuser.
https://www.bbc.co.uk/news/uk-england-kent-42693538
Inspector W and others
2013
Contra: John Beggs QC; Co: C Miskin QC, H Davies OBE QC, D Mason QC
Only junior counsel in IPPC led gross misconduct corruption allegations pertaining to covert unit at Lancashire Constabulary. Sole representative for second defendant.
PS H and PC C
2012
Contra: Andrew Waters 5 Essex Court
Co defending: James Hines
Three week hearing examining alleged malpractices among Safer Neighbourhood Teams featuring scores of strands and witnesses. Unfairness and shortcomings in investigation against the officers explored to effect
Sapphire Unit
2010–2011
Alleged officer misconduct in relation to rape allegations
An IPCC investigation and resulted in an Evening Standard front page headline focused upon the alleged deliberate mishandling of rape allegations. Kevin appeared to defend misconduct proceedings and advised on proposed criminal proceedings in respect of the charges
Custody Suite incidents and management
Cases concerning custody sergeants and management of custody suite and response to attempt suicides and other similar incidents. Acting in defence in cases under both the Misconduct and Performance Regulations. Detailed examination, understanding and expertise in operating procedures, policy, PACE and risk assessments required (e.g’s Custody Sergeants J, T and M (MPS), Custody Sgts B and G (Leicestershire)
AMEX cases
2008
Special Ops dishonest spending allegations
Defending in line of cases where special operations police officers were accused of illegitimate personal spending upon force issued American Express cards.
Excessive force
Kevin has conducted 100s of use of force cases, often taking the lead on the issue in multi-handed cases. All aspects are part of his particular expertise.
Judicial review
R (Chief Constable of Northumbria Police) v PC Baxter
CO/3848/2020
Successful resistance of application for judicial review to overturn retention of officer following honesty and integrity finding on grounds of irrationality and failure of panel to follow Fuglers procedure.
R (COLP) v IPCC ex p A
[2018] EWHC 2997 (Admin)
Claim CO/5914/2017
No case to answer; Hearings directed by IPCC
R (on the application of the IPCC) v MPS ex p PC Evers and others
Claim No.CO3320/2015
Delay; legal test for staying misconduct proceedings; whether requirement for specific prejudice over and above inherent prejudice. Case followed a successful argument for stay at the discipline hearing
R (on the application of Demetriou) v IPCC Ex p Commissioner of the Metropolis and PC Harrington
[2015] EWHC 593 (Admin)
Finality of IPCC final reports, ability to reopen investigation; functus officio, legitimate expectation; irrationality in police misconduct prosecutorial decisions
R (Commissioner for the Metropolis) v PAT ex p Naulls
[2013] EWHC 1684 (Admin)
Test to be applied in allowing appeals against dismissal; relevance of officer’s welfare in punishing misconduct, application of test for costs and back pay awards and when panel is functus officio. Claim against the officer defeated
R (on the application of Monger) v Chief Constable of Cumbria Police
[2013] EWHC 455 (Admin)
Special Constabulary judicial review
Asked to advise upon possible action regarding a Special Constable forcibly resigned out of a police force not in accordance with Regulations. The deadline for Judicial Review had long passed but application made out of time and a full hearing was ordered on the basis of the strength of the argument and exceptional reasons to extend time. The dismissal was ruled to be unlawful and the officer reinstated
Wallace v IPCC
CO/12984/2013
Acting for 9 police officer interested parties in judicial review of IPCC investigation and final report into detention of a pregnant woman
Re PC Barber
2011-2012
Bringing judicial review of alleged illegality in Police Appeals Tribunal decision
Claimant for judicial review concerning alleged error of law by Police Appeals Tribunal upon the meaning of paragraphs of the Standards of Professional Behaviour under the 2008 Regulations
Re PC Fraser
2011
Judicial review of decision not to institute disciplinary proceedings
Advising and drafting pleadings for interested party in judicial review of IPCC and Authority’s decision not to institute disciplinary proceedings
R (on the application of the IPCC) v Assistant Commissioner Hayman
[2008] EWHC 2191 (Admin)
Standard of proof and its application in police misconduct and erroneous Home Office Guidance
R (on the application of Khan) v IPCC
[2010] EWHC 2339 (Admin)
Representing all 6 accused officers in the defeating application to quash decision not to institute disciplinary proceedings following criminal acquittal
R (on the application of Sam Woodhams) v Commissioner of the Metropolis and Assistant Commissioner Ghaffur 10 September 2008
Defeating application in judicial review to quash reinstatement Kevin had achieved for a detective dismissed over Peter Woodhams murder investigation failings
R (on the application of the IPCC) v Chief Constable of West Midlands Police
[2007] EWHC 2715
Vires of Attorney General’s Guidance on Unsatisfactory Police Conduct; extent of the IPCC’s (and others) rights of audience at Chief Constable’s Reviews
Coroner’s Inquests
Inquest into the death of Ullah
2015
Representing 5 TVP officers with Patrick Gibbs QC in inquest into a death at a time of use of force by police in respect of a man concealing crack cocaine in his mouth
Inquests into death of Alom
2015
Representing police driver whose vehicle collided with the deceased causing his death
Inquest into the death of O’Rourke
2015
Representing custody sergeant in respect of death following release from custody absent a mental health assessment in respect of detainee presenting with such problems
Inquest into the death of Church
2014
Representing British Transport Police in inquest into death in custody complicated by application of Mental Health processes, remands, and legislation
Inquest into the death of McMahon
2013
Representing British Transport Police and its members at inquest into death of a patient subject to a Mental Health Act Order
Stourport Inquest
2011
Death on railway following large scale IPCC investigation
Representing BTP Chief Inspector, the most senior officer with interested party status, in Coroner’s Inquest into a suspicious death upon a tram line. The IPCC conducted numerous large scale investigations over years culminating in the 3 week inquest. Expert evidence in addition to the pathologists was dealt with on numerous aspects of the collision and police systems
Inquest into the death of Waite
Death in custody
Inquest into ‘death in custody’ following high fall during negotiation with police
Inquest into the death of Neiring
Death in custody
Inquest into death during police chase of smash and grab raid on Kensington jewellers
Inquest into the death of Langdon
Representing family in inquest into death of public servant
Inquest into the death of Davies
Death in custody in police cells
Care Home Inquest
Representing care home regarding inquest into death of resident from hyperthermia
Nottingham Inquests
Inquests into deaths of civilians in course of police vehicles on emergency response
Health & safety, regulatory and licensing
Food safety
2018
Defending one of the world’s largest fast food chains on allegations of serving unfit food and alleged failures to implement HACCP procedures.
Food safety
2015
European Regulations prosecution touching upon pasteurised milk safety processes and requirements
Metropolitan Police Service
2015–2018
Alcohol and entertainment licensing, closure orders
Football banning orders
The Club
Temporary event notices and new licence application
Kevin represents the trade, the public as well as the enforcement authorities in licensing matters – here he acted for the Metropolitan Police in objecting to a night club licence where the applicant was identified as a phoenix from the flames, having recently suffered revocation of a previous licence for serious crime and disorder
Yakatori
Licensing committee hearing
Contested licensing application before Islington justices in respect of new restaurant venture
Harper’s Casino
Appeal in relation to conditions
Appearing for appellant in appeal concerning Casino with convoluted licensing history and incorporating principles in Hope & Glory. Advanced Security Industry Authority issues arose in detail
TfL
2005-2018
One of short list of standing counsel to TfL in private hire and taxi appeals. Appearing regularly at Magistrates’ and Crown Court
European and International
EU Treaty Change
2007
Advisory
Advising as to the proposed major change in the competence of the European Union proposed in the field of criminal law to end national sovereignty in police and criminal law
EU Commission Green Paper
2006
Advising at request of Czech Constitutional Court as to UK law and the privilege against self-incrimination