Category: News

Yesterday, the trial of Ali Muhammad Ali Abd-Al-Rahman before the International Criminal Court in The Hague entered its final stage after two and a half years, as the prosecution, defence and legal representative for victims began presenting their closing oral arguments. Iain Edwards has been co-counsel for Mr Abd-Al-Rahman’s defence since July 2021.

Mr Abd-Al-Rahman is alleged to have been a commander of the Arab militia in Darfur, Sudan commonly known as the Janjaweed. He is charged with 31 counts of murder, rape, forcible transfer, persecution and torture as crimes against humanity, and numerous war crimes, all arising out of the conflict in West Darfur between August 2003 and April 2004.

One of the key issues in the case is the client’s identity. Many witnesses testified that they knew the Janjaweed commander to be a man with the nickname “Ali Kushayb”. The prosecution claims that Mr Abd-Al-Rahman and Ali Kushayb are the same person, but this is disputed by the defence. The Trial Chamber heard from over 100 witnesses, both orally and in writing, in a trial significantly complicated by the outbreak of civil war in Sudan in April 2023.

This case is the first at the ICC to deal with the conflict in Darfur. It is also the first case to be referred to the ICC by the United Nations Security Council in respect of a State (Sudan) that is not a party to the Court’s Statute. This has provided a unique opportunity for the defence to advance novel jurisdictional challenges.

The Trial Chamber’s verdict is expected in the first half of 2025.

We are delighted to announce the addition of three outstanding barristers to 1MCB, further strengthening our expertise across a broad range of practice areas. Their wealth of experience and dedication to excellence will enhance the services we offer our clients. We warmly welcome them and look forward to their contributions to Chambers’ continued success.

Brian Cox KC

Practice Areas: Crime and Family

Brian Cox KC brings extensive experience in both criminal and family law, having represented a wide range of clients in high-profile and complex cases. With a proven track record of delivering successful outcomes, he is highly regarded in his field and was shortlisted for The Legal 500’s Circuit Silk of the Year award in 2018.

Expertise:

• Homicide
• Complex Care Proceedings
• Complex Crime

Shekinah Anson

Practice Areas: Crime

Shekinah joins us with a strong background in criminal law, having previously worked in-house for the CPS as a senior advocate. She has advised and represented the prosecution at all levels of court. Committed to delivering excellent advocacy, Shekinah excels in navigating complex legal challenges and presenting compelling arguments.

Expertise:

• Criminal Law

Derek Barry

Practice Areas: Crime

We are excited to welcome Derek Barry. Derek qualified as a solicitor in 2001 and transitioned to solicitor advocate in 2005 before joining the Bar in 2015. He is a highly respected advocate known for his clear reasoning and outstanding client care honed over two decades of legal practice.

Expertise:

• Homicide
• Kidnap
• Fraud

We are confident that these new members will be an asset to both our clients and Chambers as a whole. Their arrival marks an exciting time for Chambers, and we look forward to witnessing their continued growth and success within the team.

John Benson KC and his junior, Mike Hollis, recently secured convictions for murder and s.18 wounding at Oxford Crown Court. The first defendant stabbed a man in the neck, who subsequently died. The second defendant stabbed another man in the ribs, causing his serious injury. The stabbings occurred when one group chased another and took place approximately 200m apart, but both men were convicted of both offences under the joint enterprise doctrine. Both men were sentenced to life imprisonment; the first defendant must serve at least 25 years before he can apply for parole and the second 22 and a half years.

1 MCB Chambers is pleased to announce that Bernadette Smith has been appointed as a Fee-Paid Judge of the First Tier Tribunal, sitting in the Immigration and Asylum Chamber. 

Bernadette will sit part time whilst maintaining her practice at 1 MCB Chambers. She is a highly valued and Legal 500 ranked barrister who brings a wealth of experience and expert knowledge.

We are pleased to announce that Ranjeet Dulay successfully defended her client at Derby Crown Court, where the client was found Not Guilty after a lengthy trial. The case involved allegations of acquiring gifts and money transfers over a period of 8 years.

Ranjeet’s client stood trial alongside his wife, who was convicted of fraud and false accounting. The overall value of the fraud exceeded £1.4 million, making this a highly complex and high-stakes case.

Ranjeet Dulay was instructed by Nigel Misson of Foys Solicitors.

If you wish to read more about this story please follow the below link to the Derbyshire Times article posted about this case.

https://www.derbyshiretimes.co.uk/news/courts/pictured-bookkeeper-who-stole-ps14m-from-chesterfield-bosses-splashing-out-on-next-and-amazon-shopping-cars-luxury-holidays-and-home-improvements-4809161

The defendant faced trial at Maidstone Crown Court for Aggravated Burglary. The prosecution’s case alleged that he had broken into the complainant’s home, armed with a knife, and attempted to inflict grievous bodily harm. The case relied heavily on recorded statements made by the defendant at the time of his arrest.

Tetevi applied to exclude this evidence on the grounds that it had been obtained in serious violation of the Police and Criminal Evidence Act (PACE) Code of Practice. Specifically, this related to the failure to caution the suspect before questioning him about the offence, improper conduct during interviews, and the denial of the suspect’s right to legal representation. He argued that these breaches were especially serious and prejudicial, given the defendant’s vulnerability.

Following the judge’s expression of concern regarding how the evidence had been obtained, the prosecution reviewed the matter and subsequently offered no evidence, resulting in a Not Guilty verdict.

Instructed by Leah Parkes of Reeves & Co.

We are pleased to announce that Derek Barry successfully secured a not guilty verdict for a mother accused of child abduction following a seven-day trial at Worcester Crown Court.

The case involved complex international legal issues, as the defendant had left the UK with her child on the very day a court order was issued preventing her from doing so. The mother was arrested by Greek border control after driving across Europe in an attempt to enter Turkey with her child. Following a protracted extradition process, she stood trial for child abduction in the UK.

Despite the judge directing the jury that the defendant’s lack of knowledge of the court order could not be used as a defence, Derek Barry was able to secure an acquittal for his client. This verdict is a testament to Derek’s outstanding advocacy and legal expertise in handling this challenging case.

Derek was instructed by Sean Reilly of Lewis Nedas Solicitors, and we extend our thanks to all involved in achieving this successful outcome.

1MCB Chambers is proud to announce that a number of our members have been recognised in the latest edition of the Legal 500 for excellence in their practice areas. Their inclusion in this prestigious directory highlights their consistent dedication to excellence and proven track record of delivering results in often complex and high -profile cases. Their recognition not only reflects their individual talents but also strengthens our reputation as a chambers.

Crime – Leading Junior Tier 2

Salma Lalani – 1MCB ‘Salma is an excellent junior. Her preparation is meticulous and she is wonderful with clients. Salma has a keen eye for detail, her advice is always tailored and helpful, and her advocacy is well-considered and effective.’  

International Human Rights and Criminal Law – Leading Junior Tier 2

Iain Edwards – 1MCB ‘Iain possesses formidable advocacy skills, employing razor-sharp questions, honed from meticulous preparation and expert intuition. He is very knowledgeable as concerns international criminal law and procedure. His French fluency and familiarity with the need to tailor advocacy to cultural specificities places him at the forefront of practising counsel in this field.’

Immigration including Business Immigration – Leading Junior Tier 2

Bernadette Smith

In a trial lasting nine days at Croydon Crown Court, involving serious allegations of rape, sexual assault, and stalking, David Langwallner successfully secured a Not Guilty verdict on all three counts. The case presented complex issues, including ongoing disclosure challenges and reluctant witnesses, yet despite these obstacles, a favourable outcome was achieved.

Instructed by David Nicholson from Dobson solicitors

The Defendant and his Co-Defendant faced allegations of commercial fraud, forgery and money laundering. The case involved an international investigation.

There were substantial disclosure failings which resulted in legal argument and ended in the acquittal of both defendants.

Mr Rustom and Ms Dulay of 1MCB acted for the defendant and were instructed by Farooq Zoi of Central Chambers Law

The human rights NGO Reprieve recently instructed Tetevi Davi to provide a legal opinion to its Middle East and North Africa (MENA) team on the legality of the death penalty under international law. As well as dealing with the legality of the death penalty broadly, the Opinion examined cases where the families of executed persons are not informed of the time and place of their executions as well as scenarios where their bodies are not returned to their families following their executions.

The Opinion is being used by Reprieve as the basis for a submission to the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions.

The Defendant and his co-defendant stood trial on an indictment alleging Rape and causing a child to engage in sexual activity. The defence involved a total factual denial of the prosecution case. The trial at Inner London Crown Court lasted 12 days at the of which both defendants were unanimously acquitted.

Mr Rustom was instructed by Rachel Oakley of Reeds Solicitors of Leighton Buzzard.