James Mulholland QC 1986 (QC 2011)

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1 Profile James Mulholland QC is a specialist trial advocate who both defends and prosecutes nationwide with vast experience in all areas of serious and complex crime including murder, manslaughter, child sexual abuse and large scale fraud. He also acts in regulatory matters representing individuals and organisations in front of their disciplinary bodies. Many of his cases are widely reported in the media. He has a particular interest in complex fraud having prosecuted for the Serious Fraud Office for many years and has considerable expertise in dealing with different types of fraudulent conduct within various industries. He has dealt with numerous Very High Cost Cases (VHCCs). He is also an expert on money laundering, financial restraint, asset forfeiture and the Proceeds of Crime Act He is recognised as being a formidable advocate whose legal knowledge, incisive cross-examination and powerful speeches guarantee the best prospect of success for every client. General Crime Manslaughter: R v JW (2015) Counsel for Prosecution in case of father who supplied ecstasy to his 17 year old daughter and then failed immediately to call an ambulance or take her to the hospital when she began to show signs of an adverse reaction. The delay probably caused her death. He had previously taken ecstasy and cocaine with her and encouraged her to take Class A drugs. The case raised important and complex legal issues concerning unlawful act manslaughter where the supply of drugs to a youth leads to their death and the exception to the general rule in R v Kennedy (No. 2) [2007] UKHL 38 as well as causation in gross negligence jamesmulhollandqc@23es.com Counsel s Clerk clerks@23es.com Primary Areas of Practice General Crime Fraud and Financial Crime Regulatory and Disciplinary Proceedings QUALIFICATIONS LLB (Hons) University of Leeds: 1985 Called to the Bar by Inner Temple: July 1986 LEGAL APPOINTMENTS Recorder of the Crown Court: 2007 Queen s Counsel: 2011 Director of Education and Training for the Criminal Bar Association of England and Wales: May 2013 DIRECT ACCESS QUALIFIED: Refresher Course: 2014

2 manslaughter. Instructed by Nigel Pilkington Head of SE Complex Casework Unit Maidstone Crown Court Murder: R v TA and others (2014) Leading Counsel for the Prosecution in 6 week trial. Total of 4 defendants were convicted after trial. 2 others pleaded guilty to perverting the course of justice. Victim was stabbed seven times in a house in Folkestone after an incident between rival sets of drug dealers. He was driven away from the scene before an ambulance was called. His colleagues lied about the incident delaying the police from locating the correct address for a day. By the time police entered the premises; significant attempts had been made to clean the murder scene as well as other items including clothing. The case was pieced together using the location of blood, DNA, CCTV footage and mobile phone cell site data. It involved significant legal issues relating to the inferences to be drawn from circumstantial evidence Canterbury Crown Court RECENT PUBLICATIONS Joint CBA/Law Reform Committee Response to Ministry of Justice Consultation on Deferred Prosecution Agreements: July 2012 RECENT LECTURES To the Bar and Solicitors on Criminal Law topics: Explaining Sexual Offences: Midland Asian Lawyers Association (MALA) - Leicester June Developments in Bad Character and Hearsay: various solicitors London November 2013 Murder: R v YAJ (2014) Leading Counsel for the defence representing man who stabbed his cousin in the chest and torso several times during an argument. YAJ suffered from ADHD. YAJ suffered from ADHD. Important issues were addressed as to whether this was a relevant factor in relation to the defendant s self control such that it could trigger the partial defence of diminished responsibility under s.52 Coroners and Justice Act The defendant was genuinely remorseful and eventually chose to plead guilty to murder Central Criminal Court

3 Historic Sexual abuse: R v PK (2014) privately instructed to defend University lecturer in allegations of sexual abuse on relatives when children. NG Verdicts. Murder: R v JW (2014) ( Body on the Beach murder case) Leading Counsel for the defence in 8 week multi-handed murder trial. The victim had been beaten to death with baseball bats on the beach on the Isle of Sheppey, Kent. JW s fingerprints and DNA was found on one of the murder weapons and he was blamed by another defendant for the death in evidence. The case involved significant forensic issues and attacks by co-accused. JW was the only defendant to be found not guilty of murder. He was found guilty of manslaughter. The case raised important issues as to the inferences to be drawn from circumstantial evidence. Maidstone Crown Court Murder: R v PL (2014) Leading Counsel for the defence in 7 week multi-handed gang assassination of drugs rival by shooting him in the head in Southampton. Involved detailed cross-examination of firearms expert and accomplice who witnessed the shooting Winchester Crown Court gist-helped-escape-after-murder.html Organised Crime/ Conspiracy to supply cocaine: R v SB (2013) Leading Counsel for the defence in multi-handed conspiracy to supply in excess of 1 million cocaine between three organised crime groups across England. Represented one of the alleged ringleaders. One of 33 defendants overall.. 20,000 pages of evidence. 2 months trial Leicester Crown Court for-transporting-largequantities-of-cocaine-into-northamptonshire Series of private prosecutions against Complainant in Ali Dizaei trial including GBH: R v WAB ( ) Leading Counsel for the defence representing WAB in a series of private prosecutions obtained and pursued by several individuals in different courts in the south east of England. WAB had been the principal prosecution witness against former Metropolitan Police Commander Ali Dizaei in a case in which the latter was convicted of perverting the course of justice/misconduct in public office. The

4 defence made a successful application to stay all proceedings as an abuse of process - Central Criminal Court Murder: R v BO (Oceana murder case) (2013) Leading Counsel for the defence representing one of four defendants in 6 week murder trial. Stabbing that took place at the Oceana nightclub, Kingston. Detailed analysis of CCTV and forensic evidence. Not guilty verdict Central Criminal Court Child Sexual Abuse: R v ZA (Oxford Child Sex Abuse Case) (2013) Leading counsel for defence in 4 months sex trafficking / grooming case. The allegations involved children as young as 12 and 13 years old who were sexually abused over a period of years by numerous individuals. This was a complicated case raising important issues concerning the admissibility of confessions in police interviews involving a defendant with mental health problems and the nature and manner of questioning of young and vulnerable witnesses.za was acquitted of the two most serious counts of the four he faced. The case received national and international media attention Central Criminal Court Murder: R v MN (2012) Leading Counsel in murder trial involving fifty hammer blows to the head. The case involved numerous issues relating to loss of control and diminished responsibility and four psychiatrists gave evidence on both sides. Secured a very low 12 year minimum term for the defendant Central Criminal Court Child Sexual Abuse: R v JM (2012) Defence Counsel in trial involving allegations of sexual abuse of baby by step father. Issues relating to interpretation of expert medical evidence. Cross-examined three experts - Canterbury Crown Court.

5 Attempted Murder: R v SFN (2011) Defence counsel in attempted murder (garrotting case) and rape trial at Cambridge Crown Court attempted-murder htm Organised Crime/Drugs : R v MF (2010) Counsel for the defence in conspiracy relating to the distribution of in excess of 4 million pound recently imported cannabis. Serious Organised Crime Agency prosecution. One month trial and confiscation proceedings - Basildon Crown Court. Armed Robberies: R v IJ (2010) Leading Counsel for the defence representing a paranoid schizophrenic in a lengthy trial charged with conspiracy to commit numerous armed robberies with loaded firearms. The defence ensured that appropriate adjustments were made in relation to court procedure to deal with IJ s particular difficulties Kingston Crown Court / Adapting and sale of live Firearms: R v HP (2009) Counsel for the defendant charged with sixteen counts of adapting Antique firearms for live use in criminal offences including murder in what was described in the national press as the dealer in death case. One weapon had been used in the killing of the schoolboy Rhys Jones - Chelmsford Crown Court. news.bbc.co.uk/2/hi/uk_news/england/essex/ stm Armed Robberies: R v DJ (2008) Counsel for defendant in series of 5 armed robberies with loaded firearms across Kent resulting in one of the robbers being shot dead by armed police. Successfully appealed sentence to the Court of Appeal and secured significant reduction. Now leading reference on sentencing for most serious armed robberies ([2009] 1 Cr.App.R.(S) 20) Maidstone Crown Court. Organised Football Violence: R v SH (2008) Leading defence counsel. Allegation of conspiracy to commit violent disorder outside Stamford Bridge before Chelsea v Tottenham Hotspur football match alleged organisation of violence by individual known as The General. Police evidence undermined by inherent

6 contradictions. CCTV inconclusive. 2 months trial. Not Guilty verdicts Blackfriars Crown Court Organised Crime/Drugs: R v M (2008) Leading counsel for the defence in Conspiracy to import 3 million cannabis from Spain Issues relating to use of evidence obtained abroad: phone interceptions by Spanish intelligence organizations Manchester Crown Court Murder: R v M (2008) Represented pensioner who allegedly murdered his wife stabbing her 83 times. Prepared legal argument arguing that a defendant s mental health was relevant to the issue of self-defence. Prosecution accepted manslaughter Birmingham Crown Court. Murder: R v PJ (2007) Leading counsel for the defence in the alleged murder of a stepbrother. One stab wound to the back. Self-defence. Not Guilty Verdict Central Criminal Court Murder: R v H (2007) Defended in murder of schoolboy in attack outside his school by rival group from different school two months trial. Not Guilty Verdict Central Criminal Court. FRAUD AND FINANCIAL CRIME Property Fraud/Landlord and Tenant: (2012) Instructed as Leading Counsel to advise the Sierra Leone Government in relation to an alleged fraud concerning its former High Commission at 33, Portland Place, London in The case involved the assignment of the lease of the High Commission and neighbouring properties by Government appointed officials to Lord ED, ostensibly, on the basis that he would refurbish the properties and then grant the Government an underlease allowing it to reoccupy the building. The case raised issues of allegedly corrupt payments and the significance of earlier litigation upon the proposed proceedings. Fraud in Insurance/Banking Industries/Company law: DBIS (previously DTI) v LL ( ) Leading Counsel for the defence in a Department of Business prosecution. Represented a solicitor charged with allegations of fraudulent trading involving two insurance underwriting businesses. Allegations were made that solicitor had claimed in excess of ½

7 million from insurance company without justification thereby defrauding creditors. Established by reference to documents and witnesses that solicitor had provided significant professional assistance. Related allegations of mortgage fraud were also on the indictment. The banks claimed that they had lost millions as a consequence of loans provided to companies of which the solicitor was a director/principal shareholder based on allegedly fraudulent valuations of properties put forward as collateral. The defence established that the valuations were obtained independently of the defendant and were reasonable estimates. Further, it was shown that the banks had required unduly onerous and unfair Interest Rate SWAPs as repayment of the loans. In excess of 50,000 pages of documentary material considered. Significant cross-examination of underwriters and senior bank officials. Detailed knowledge of insurance and banking practice was required. Case lasted approximately 4 months before a successful submission of no case to answer at the end of the prosecution case. LL was the only defendant to be acquitted on all charges - Warwick Crown Court. Fraud by national education providers: R v PA ( ) Leading Counsel for the defence in a complex 9 million nationwide conspiracy to defraud the Department for Education & Skills through false claims on the Individual Learning Account education scheme. Defendant involved in multiple companies which created numerous false identities used to defraud the Government. In order to conduct the case, a detailed analysis of the Government s implementation of the scheme and policy decisions was necessary. In excess of 100,000 pages of material. Listed for 3 month trial Teesside Crown Court. expert_pleads_guilty_over_internet_scam/ Confiscation: R v AR (2011) Abuse of process in relation to Confiscation proceedings. Instructed as consequence of alleged incompetence by several Queen s Counsel representing the defendants. Conducted cross-examination of Counsel as to nature of plea bargain leading to guilty pleas and a deal on confiscation and presented detailed legal arguments Birmingham Crown Court. Asset Forfeiture: R v CO ( ) Cash seizure proceedings in relation to hundreds of thousands of pounds transported on a regular

8 basis in rucksacks by train between England and Scotland under s.298 Proceeds of Crime Act 2002 City of Westminster MC Bankruptcy proceedings/ Insolvency: Trustee in Bankruptcy of JWH v LL (2010) TIB sought a declaration under s.339 Insolvency Act 1986 that an agreement between a company and the defendants in insurance underwriting company constituted a transaction entered into at an undervalue and an ensuing order that payments by the company of 606,000 to LL be returned. The case raised additional issues as to beneficial interests and the competing priority of civil and criminal trials where similar allegations were to be determined. Money laundering multi million Class A drugs trial/ Confiscation proceedings: R v UD (2010) Prosecution Counsel secured conviction in case involving the transfer of drugs money from an international syndicate to numerous bank accounts across the world. Defendant alleged that he was involved in Hawala banking which the prosecution disproved. Complicated jurisdictional issues and obtaining of evidence from many different countries. Lengthy confiscation proceedings after conviction. UD failed to disclose any assets. Received maximum ten year period in default Southwark Crown Court. Tobacco Duty Evasion trial/ Confiscation proceedings: R v SE (2010) Acting for the defence in a 10 million tobacco smuggling importation. Complex confiscation proceedings revolving around role of defendant in operation Southwark Crown Court. Fraud - Asset Stripping/ Company Law/ Confiscation proceedings: R v SK and Others ( ) Leading Counsel acting for the Serious Fraud Office in the successful prosecution of 4 company/ shadow directors charged with a 5 million fraud for asset stripping involving three companies. This was the second prosecution of these individuals. Same team had prosecuted them successfully 5 years earlier for similar offences. Defendants misrepresented their financial position in order to purchase the companies. Defence was their actions represented legitimate business strategy and the case required a detailed knowledge of company and insolvency law as well as experience of normal business practices. It also raised important issues involving similar fact evidence. 50,000 pages of material Sheffield Crown Court.

9 Largest ever Conspiracy to defraud: R v Lord HR (2009) Leading Defence counsel in a 229 million conspiracy to defraud a city bank, Sumitomo Matsui, by a bogus Lord. Defendants dishonestly obtained bank codes and attempted to make numerous SWIFT transfers to bank accounts across the globe having gained access to the bank at the weekend by bribing cleaning staff. The evidence involved a complicated paper trail linking HR to attempted transfers and aliases used. Several difficult legal issues relating to attempted introduction of co-accused s suicide note as hearsay and other unproven alleged acts of commercial dishonesty including several boilerhouse frauds by HR. The day after the event the City of London suspended all SWIFT transfers for the first time since The case received national and international press attention and lasted 2 months Snaresbrook Crown Court Money laundering: R v GA (2009) Acted for the prosecution in a highly complex 1.4 million money laundering case involving case payments into over 300 accounts in 3 months Kingston Crown Court. ooting_money_launderer_jailed/ High level money laundering proceeds of prostitution: R v RM (2009) Acted for the defence in a conspiracy to control the activities of prostitutes and laundering the 1 million proceeds. Case received national press attention Southwark Crown Court. Manufacture of Credit Cards: R v T (2008) Acted for the defence in a 2 million pound conspiracy to defraud through the cloning of thousands of credit cards by an international criminal organization Southwark Crown Court. Banking fraud: R v KD (2008) Leading defence counsel in a complex 3 million conspiracy to defraud high street banks through the opening of hundreds of accounts in

10 various names with false documents then cheque kiting Croydon Crown Court. Post Office fraud: R v H (2007) Defence counsel in 1/2 million Post Office fraud by disgruntled employee. It was covered up by a false audit trail involving thousands of documents Kingston Crown Court Fraud - Building Industry/ Taxation: HMRC v JH (2006) Leading counsel for the defence in 10.4 million tax fraud in the construction industry. CIS vouchers submitted purporting to be from missing subcontractors. Scheme was used to disguise cash payments by various building companies to labourers and to avoid payment of income tax and VAT. 2 month trial. NG verdicts - Blackfriars Crown Court. Fraud Rail Construction Bribery/Corruption: R v SR and others (Jubilee Line Extension Fraud) ( ) First Junior Prosecution Counsel. The trial involved alleged fraud upon London Underground Limited by consultants, company directors and LUL officials during the bidding process for electrical and engineering contracts relating to the construction of the Underground Extension to Canary Wharf and subsequent claims to vary those contracts for further significant economic advantage worth many millions. It was an extraordinarily complex and challenging case both in legal terms, requiring detailed knowledge of construction and contract law, and procedural ones in that it involved the sifting of approximately 70 million pages of unused material offered by LUL to the prosecution. Jury were eventually discharged because of fundamental delays caused during defence case by prolonged illness of one defendant and defence counsel and the commitments of jurors. REGULATORY AND DISCIPLINARY PROCEEDINGS Football Disciplinary: FA Appeal Board Appeal of Enfield Town FC (2015) Club docked 3 points by Ryman League for fielding a suspended/ineligible player having been found guilty by FA of Rule E10 of FA s Rules. Club had just acquired player and, having clarified the number of cautions with the player, checked the FA database to ascertain whether he was eligible to play. The Database recorded that the player was not suspended; however, this was inaccurate. The player had received his 10 th caution playing for the previous club and should have served a two match suspension upon joining Enfield Town

11 FC. Appeal involved numerous complex issues including the interpretation of the Rules and Regulations (E10, D3 their relationship with each other and Regn 1.1), the legitimacy and fairness of the FA imposing strict liability upon hundreds of disciplinary offences, issues of abuse of process relating to the prosecution of such a charge when the FA was responsible for the Club s error and the significance of undertakings not to bring a charge. Pharmacists: General Pharmaceutical Council v SD ( ) Lengthy series of hearing relating to SD. Issues relating to general impairment of pharmacist under Article 51(1) Pharmacy Order Disposal of 42 prescription forms. Supply of over 170 POMs not endorsed contrary to Regn 16(2) Misuse of Drug Regulations 2001 Test to be applied Distinction between misconduct and impairment. Interpretation of numerous authorities from Cohen v GMC [2008] onwards Pharmacists: Application of AB for Restoration to the Register ( ) and numerous other cases involving issues relating to impairment

James Nicholls Consultant Solicitor

James Nicholls Consultant Solicitor j.nicholls@birds.eu.com +44 (0)20 8874 7433 Practice & Background James qualified as a solicitor in 1996. He qualified at Edward Fail, Bradshaw & Waterson in East London