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JUL
06

More acquittals for Lewis Nedas Law Serious Crime defence lawyers

  1. Jury Room 010Adam Shaw secured an acquittal for a schoolteacher: A school teacher was charged with an offence contrary to the Public Order Act - the complainant was a family member. The defendant instructed that the allegation was malicious. Adam obtained details of numerous non-criminal allegations made by the complainant against the defendant and made a successful non-defendant bad character application. After adducing the previous allegations at trial, Adam cross examined the complainant and then made a submission that there was 'no case to answer'. The submission was successful and the charge was dismissed. A Defence Costs Order was also granted;

  2. Sexual offence acquittal for Tony Meisels' client: Aquittal on a sex case at Snaresbrook Crown Court; our client L was aquitted of sexual assault by penetration with the jury debating for only 90 minutes. This case concerned two work colleagues who ended up In bed together after attending a colleague’s leaving drinks. The issue for the defence was one of consent. The case was meticiously prepared by Tony Meisels of this firm and counsel at the re-trial was Toby Long of 15 New Bridge Street;

  3. Drugs case acquittal for Unan Choudhury's client: Unan successfully represented a professional man accused of possession of class A drugs (heroin) - the client was acquitted after trial. Martin Lewis of Counsel represented the defendant.
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JUN
29

More acquittals for Lewis Nedas Law clients and Keith Wood

confiscationKeith Wood recently acted in two major acquittals concerning substantial cash seizures:

  1. The first case was a four handed matter at Isleworth Crown Court in which his client was joined late into the case. The original defendants had been arrested in November 2017 following an undercover operation at Heathrow Airport. Keith’s client was eventually tracked down and identified as the Courier handing over a substantial amount of cash to three travellers arriving at the airport. Rather than delay the trial; Keith, with Zarif Khan from Drystone Chambers, prepared the case fully within 8 weeks. At trial Keith had sourced a substantial body of evidence supporting our clients case. Our client had always accepted that cash had indeed been handed over, but they had no knowledge or suspicion that it was the proceeds of crime and the documentation provided supported that. The case was eventually withdrawn from the Jury by the Judge at the close of the defence case such was the compelling nature of the material provided.

  2. In a second case again at Isleworth, Keith, this time with Jonathan Green of Drystone chambers, successfully represented a client who was facing Proceeds of Crime Act offences namely possession of Cash, in this case over 175,000 Euros which had been seized as our client left the UK. At trial again the defence produced substantial records which showed the origins of the funds which were being exported for the purchase of luxury items. The cash in this instance was located within luggage in the hold of the plane. The jury accepted that the funds were not the proceeds of crime and  accordingly returned a Not Guilty verdict.

Keith also acted in a Contempt of Court case in which he was instructed following a finding of Contempt which was the subject of an article in the Sunday Times.

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JUN
22

More successful results for Lewis Nedas Law serious crime defence lawyers

  1. gavelUnan Choudhury secured acquittals in the following cases:

    a) A client who faced trial at Birmingham Crown Court and an allegation of conspiring to blackmail; and

    b) A professional driver accused of sexual assault upon a minor. 

  2. Keith Wood represented an individual accused of money laundering, the case was stopped by the trial Judge after legal submission at the close of the prosecution case, and directed a Not Guilty verdict.

  3. Siobhain Egan represented a professional man who was eventually, after a two year period, charged and pleaded guilty to an offence of possessing over 6,000 indecent images of children. This is very obviously an extremely serious offence and the Sentencing Guidelines indicate that a lengthy and immediate custodial sentence would be appropriate. However, our client sought help from specialist experts at the earliest opportunity; he completed specialist courses and pursued therapy. Expert psychologist and psychiatric reports from leading practitioners were obtained and presented to the Court. Those together with the excellent advocacy skills of Ms Nicola Cafferkey of Counsel (33 Bedford Row) were sufficient to persuade the Court to impose a suspended sentence of imprisonment.

  4. Siobhain also represented a senior City Finance professional investigated for dishonesty; as a result of her detailed representations upon her clients behalf, the investigation was stopped by the investigating authority at a very early stage.

  5. Miles Herman represented a client charged with a series of indecent child images. Again, this was a serious case which would ordinarily warrant an immediate custodial sentence, however, as a result of diligent case preparation and his advocacy (Miles conducted the mitigation hearing himself) a suspended sentence of imprisonment was imposed by the Sentencing Judge.

 

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JUN
12

Latest successes for Lewis Nedas Law defence lawyers

  1. super lawyer comicRomanian Extradition success

    Mahwish Salah-ud-din represented a Romanian National (and a professional individual) who was arrested under a European Arrest Warrant (EAW) and remanded in custody for months, pending extradition to Romania. It was alleged that our client had committed fraud which was absolutely refuted; it was in essence an ongoing civil dispute.

    The EAW hearing was adjourned pending a response from the Romanian Government; we were seeking assurances from the Romanian authorities concerning conditions in Romanian prisons, because our client was seriously ill. The requested assurances were not forthcoming and we applied to discharge the EAW proceedings successfully.

    This was a result of Mahwish's sheer determination to do the very best for her client, and the excellent advocacy skills of Martin Henley of Counsel (186 Great James St).


  2. Driving Ban Success

    Martin Lewis of Counsel (Castle Chambers) was instructed by Jeffrey Lewis (and yes, they are related) to represent a Fine Art installer working for one of the leading London art galleries, who faced immediate disqualification from driving when charged with using a mobile phone when driving. He had 10 points on his licence already.

    The client and his employer (who was desperate to retain his employee, because of his exceptional abilities) were both convinced that the Court would order an immediate driving ban, which would have meant the immediate loss of the client's employment.

    However, as a result of Jeffrey Lewis' diligent and thorough preparation of the case, exceptional hardship was raised (based on the clients particular skills and the fact that he was supporting a disabled Father). The client’s employer gave evidence, and Martin Lewis successfully managed to persuade a very tough Magistrate not to disqualify our client but rather to impose low points and a fine, which meant that he was able to drive and keep his employment.


  3. Exceptional Hardship success for professional driver

    Martin Lewis also represented a professional driver who had exceeded the speed limit by over 30%. He already had 12 points on his licence, as a result of 4 previous speeding offences and was facing an automatic driving ban.

    However thanks to Jeffrey Lewis' diligent case preparation and Martin Lewis' excellent powers of persuasion, the sentencing court was persuaded to accept an exceptional hardship submission (the client was his family’s sole breadwinner). A further 6 points was imposed, making a grand total of 18 points, but he was not disqualified and could continue to drive for a living. The Lewis Brothers are a formidable motoring offence defence team, with very high success levels.


  4. Disclosure success in serious criminal allegation

    Adam Shaw, of our East London office, successfully represented an individual facing an allegation of robbery and false imprisonment (which he denied).

    Adam had thoroughly prepared our clients defence, paying particular attention to the issue of Evidential Disclosure, and analysis of the unused material. Adam's analysis concluded that there was a great deal of important material missing from the Unused Material, which would have supported his clients defence, outlined on his clients Defence Statement. It also supported successful legal challenges to the Prosecution case.

    The CPS then attempted to present further material purported to be admissible evidence on the day of trial (sadly, a regular occurrence), which was successfully legally challenged by Adam and the excellent defence barrister, Karina Arden of 9 Bedford Row.

    The case was stopped by the trial Judge, and the prosecution discontinued.


  5. Other Serious Fraud allegation successes

    i. A Company Director faced a long term investigation concerning serious allegations of fraud and offences under the Companies Act 2006. As a result of Siobhain Egan's skillful handling of the various police interviews upon her clients behalf, and her tenacious approach to the management of the investigation, she was able to persuade the authorities to discontinue the investigation;

    ii. A senior IT professional accused of forgery and dishonesty faced serious criminal proceedings until Siobhain was able to make successful representation regarding the merits of the prosecution and the fundamental issues concerning expert evidence;

    iii. Siobhain represented an individual who faced trial concerning charges of fraud in a £multi million specialist fraud prosecution. The case took four years to come to court, and was especially complex for a number of reasons. Our client was defended by the superb Glenn Carrasco of Counsel, and was acquitted after a difficult 5 week trial.


  6. More Serious Crime allegations successfully defended:

    i. Siobhain Egan represented an international businessman and company director, who was accused of being in possession of an offensive weapon, as he passed through security at Heathrow Airport. Quite obviously that is a very serious allegation per se, aggravated by the fact that the allegation occurred when at a major international airport.

    However, the client, a man of good character, had the most basic defence; he simply did not know that the item had been placed in his hand luggage. During his interview with police (and without legal representation), he repeated his defence in full. The police and CPS decided to charge him in any event.

    We applied to the Magistrates court for an adjournment of the first hearing, and wrote to the CPS asking that they properly review the decision to prosecute, however, it seemed that the case had not been allocated a reviewing lawyer and the police, CPS and the Court had assumed that our client would enter an early guilty plea (completely overlooking the defence which he raised). As a result the Magistrates Court simply refused to adjourn the matter, and we had no choice other than to advise our client to elect Crown Court trial (at additional expense). We did this because we knew that it was the only way to bring our representations about our clients case to the attention of a fully qualified CPS lawyer.

    A long detailed letter of representations was drafted, unusually including defence witness statements (supporting our clients assertions) and character references, which were sent to the CPS for review. Thankfully somebody at the CPS saw the strength of our submissions and the case was discontinued, shortly before our clients first appearance in the Crown Court. Had the prosecution continued his livelihood would have been in immediate jeopardy.

    Why did the police and the CPS not understand the defence which our client had clearly raised at the very earliest opportunity?

    Why did it take a decision to elect trial to the higher court, before somebody at the CPS had the opportunity to read our submissions and finally take the decision to discontinue the case?

    The Criminal justice system is in such an appalling state, because it has suffered years of fundamental cutbacks, redundancies and an inability to attract the requisite Calibre of lawyers and staff, that innocent individuals find themselves dragged into a Kafkaesque nightmare.

    ii. Siobhain was instructed by a professional man, who faced allegations of coercion and control, false imprisonment and latterly three allegations of rape.

    He had previously instructed a well known firm of lawyers who had advised him to plead guilty, which he refused to do. He then instructed Siobhain to defend him. She in turn instructed the excellent team of specialist defence barristers - Ms Dee Connolly leading Ms Nicola Cafferkey of 33 Bedford Row Chambers.

    The evidence in the case was enormous; hundreds of hours of smart phone films and over 50,000 messages/emails, etc. We had a team of four lawyers analysing this material daily.

    We instructed one of the foremost teams forensic experts in the Country, who downloaded evidence from smartphones (including one, which the Metropolitan Police had declared defunct) and retrieved over 50,000 examples of communication.

    However, enormous problems began to arise with the CPS and disclosure.. at one stage we were definitively told in written correspondence by the CPS, that there was nothing further to disclose. However, the team of Connolly, Cafferkey and Egan were not to be thwarted and would not accept this to be an accurate assessment.

    10 hearings later and after robust submissions in correspondence, a detailed s8 (application for further disclosure) and after a great deal of consistent pressure had been placed upon them together with many reviews by a host of senior CPS lawyers, the prosecution case against our client was eventually discontinued, shortly before trial. The moral of the story: Never give up!

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MAY
14

Recent instructions for Lewis Nedas Law specialist Serious Fraud, Serious Crime and extradition lawyers

  1. extraditioni) Jeffrey Lewis advises an individual following allegations of involvement in multi-million pound pension fraud: he will be assisted by Siobhain Egan;

    ii) Jeffrey also advises a substantial buy to let landlord who has found that over 20 of his properties have been ‘colonised' by individuals running cannabis ‘farms'. The Police force to whom this issue has been reported has not reacted at all to this complaint, and it is now left to the landlord to pursue civil proceedings against these ‘sub-tenants' and his managing agents.

  2. i) Keith Wood defends an individual facing complex confiscation proceedings following a conviction for conspiring to defraud HMRC of £10million (the client was represented by another firm at trial). Keith is one of the top confiscation defence experts in the Country, he works with leading forensic accountants and barristers and achieves great success with these type of cases;

    ii) Keith is also defending another client facing extradition proceedings brought by the Spanish Government following allegations of involvement in a large scale 'time share' fraud which has attracted National publicity both here and in Spain.

  3. i) Sean Reilly advises a businessman whose assets have been frozen by a Civil Recovery Order brought as a result of a joint investigation by HMRC and the NCA. It is even more likely now, with the budgetary constraints and financial cuts that all investigative agencies are currently facing, that instead of instituting lengthy expensive criminal proceedings (for tax evasion and money laundering as in this case), the authorities will now directly target assets that they suspect are the Proceeds of Crime. The burden of proof will be upon the defendant to show that these assets are bona fide, have been lawfully acquired and that tax has been paid upon the income used to purchase those assets;

    ii) Sean is also representing a client facing extradition proceedings brought by the US Government, concerning allegations of serious fraud.

  4. Richard Demczak of our Oxford Office has received the following recent instructions:

    i) An undergraduate student at Oxford University facing three allegations of rape;
    ii) A young man with severe learning difficulties facing an allegation of rape;
    iii) A professional man defending a charge of perverting the course of justice;
    iv) Two young men accused of cultivating cannabis, they will raise the statutory defence (s45 Modern Slavery Act 2015) of victims of modern slavery and people trafficking.

  5. i) Siobhain Egan advises an academic investigated by Police, following a historic allegation of rape, which allegedly occurred some 56 years ago;

    ii) She also represents a Company Director facing an allegation of dishonesty and fraud.
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