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SEP
16

Another Acquittal for Lewis Nedas client facing Sexual Offence Prosecution

sex offencesUnan Choudhury represented a client of good character, who faced 4 allegations of sexual penetrative activity made by a very vulnerable Complainant who suffers from a mental disorder.

The CPS alleged that the Complainant’s mental disorder precluded her from being able to give consent to sexual activity.

The Crowns case relied upon the report of their expert, a psychiatrist, who concluded that because the Complainant’s IQ was below that of an average 13 year old, she would not have any understanding of consent or contraception.

Unan instructed a leading Consultant Psychologist to prepare an independent report on behalf of his client, noting that the CPS expert had not taken into account the Complainant’s interview with police, known as an ABE (assisting best evidence). During that interview with police, it was apparent that the Complainant did understand the concept of consent and knew what contraception was. She recognised what a condom was, and stated that one was used when she was with our client. This contrasted with the interview completed by the Crowns psychiatrist in the presence of the Complainant’s mother. Our expert concluded that the Crowns expert had not seen nor taken into account the ABE interview, and that it was very likely that the Complainant was embarrassed and hindered by the presence of her mother during the interview with the Crowns expert. Our defence expert concluded that this was a fundamental weakness within the Crowns report.

These issues were brought to the attention of the Trial Judge, who was sufficiently concerned and ordered that the Crowns expert reassess his report in light of our expert’s conclusions. This was done, and the CPS expert concluded after his reassessment that he could not conclude any longer that the Complainant could not consent because of her mental disorder.

As a result the CPS decided not to proceed with the prosecution, ending a lengthy and stressful ordeal for our client.

This is yet another example of the detailed, cutting edge, thorough defence work that we pride ourselves in, 'leaving no stone unturned', while instructing the very best defence experts.

 

If you are facing a sexual offence allegation, please contact our specialist criminal defence lawyers on 0207 387 2032 or use our online enquiry at www.lewisnedas.co.uk

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SEP
14

More Criminal Defence Successes for Lewis Nedas Law Criminal, Motoring and Fraud Defence Lawyers

failure to stop1. Jeffrey Lewis represented a TV producer, who whilst on location in South Wales sustained 8 summonses for speeding offences in the same stretch of road. Despite sustaining 21 points on his licence, Jeffrey managed to ensure that he kept his licence as a result of putting detailed mitigation before the Court, which he needed in order to keep his job and fulfill his family responsibilities.

2. Siobhain Egan has advised and represented the following individuals facing the following proceedings over the last few months;

    (a) A company director facing a road rage incident, proceedings were dropped after detailed representations were made;
    (b) A senior finance professional working in the City who was investigated for fraud, the case was dropped after detailed
         representations  were made to the investigating authority;
    (c) An Oxbridge academic investigated and summonsed for a dishonesty offence, which was dropped after detailed
         representations were made to the prosecuting authority;
    (d) An award winning film producer investigated and summonsed for a fraud allegation, proceedings were dropped after
         representations were made to the appropriate authority.

 

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SEP
08

New Instructions for Lewis Nedas Law Tax, Fraud and Regulatory Lawyers

Tax Law1. Jeffrey Lewis has been instructed in the following matters:
   (a) A highly complex tax fraud investigation/prosecution;
   (b) A high profile Trading Standards enquiry;
   (c) A serious fraud investigation

2. Siobhain Egan has been instructed in yet another complex serious fraud and money laundering prosecution

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SEP
07

Stunning Confiscation Success for Lewis Nedas Law and Paul Mason

confiscationPaul represented a client who in 2010 received a confiscation order in the sum of £514,000, or failing the payment of those monies, would have served three and a half years further imprisonment in default. This included the issue of hidden assets.

By June 2016 there remained a balance of £318,174.35 plus interest of £163,012.33 outstanding; the authorities had begun enforcement proceedings and the client was facing an additional period of imprisonment.

Paul began work, digging away and analysing the outstanding sums. As a result of his excellent work, the Court agreed a further Variation order leaving a nil balance due.

Needless to say the client was elated and said "Brilliant. Now I can start my new life. Thanks for everything Paul. You were the only man who could have pulled this off'.

The prosecuting and investigating authorities are under enormous pressure to institute confiscation proceedings and enforcement of those orders. Many of the authorities are now pursuing Civil Enforcement proceedings, e.g. FCA, NCA and some local government and Trading Standards authorities have been successful with these types of civil proceedings. Through following these civil actions they can avoid lengthy, costly Crown Court trials which they may or may not win.

Additionally, City of London police have created a panel of City firms of lawyers to instigate confiscation and enforcement proceedings upon their behalf, which has caused some concern in legal and judicial circles for a number of reasons. The SFO, rather unfairly in our view, have been criticised by another City firm for not pursuing more restraint and confiscation orders; they at least think carefully before restraining assets and are correct to do so.

This means that confiscation and enforcement proceedings are going to top of the Prosecutors agenda firm now on.

 

If you are seeking to dispute, defend or vary a restraint order whether Civil or Criminal Restraint, or wish to defend Confiscation or Enforcement proceedings;Please contact us on 0207 387 2032 or use our online enquiry facility at www.lewisnedas.co.uk

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AUG
25

New Fraud Instruction for Lewis Nedas Law and Jeffrey Lewis

FraudinvestigationJeffrey Lewis has been instructed in an investment fraud involving financial advisers in the Midlands.

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