Category: News

1MCB’s experienced and expanding Family Team is delighted to welcome Patricia Farnon. Patricia has a wealth of family law experience, in particular in the area of complex care cases with mulitple parties; cases with an international aspect (such as complex immigration issues); and cases involving child abuse or serious neglect.

We are delighted that two members, Tanya Murshed and Siobhán Lloyd, have been nominated for this year’s Bar Pro Bono Unit awards. Their dedication and commitment is evidenced in the letters of support that they have received in support of their nominations.  Winners will be announced at the Bar Council’s Annual Conference on 2nd November: we wish both of them all the very best.

A jury at the Old Bailey rejected the Crown’s allegation that the defendant was in possession of a firearm, following a theft at a Tesco Express.  Two complainants both claimed that the defendant pointed a handgun at them and threatened to shoot as they tried to stop his escape.  The defendant accepted stealing a small quantity of items but denied he had ever produced a firearm.

The trial turned on cross-examination as to the reliability of the witnesses and whether they had exaggerated.  Counsel secured substantial disclosure shortly prior to trial that revealed that the witnesses had made errors during the identification process and had behaved inconsistently, waiting nearly 40 minutes before calling police to make their allegations.  It was also calculated that the items allegedly stolen included nearly three stones’ worth of Kitkats.

The jury acquitted the defendant in under half an hour.

Head of Chambers, Lord Gifford QC, appeared as lead counsel before the Caribbean Court of Justice (CCJ) in an application filed by Maurice Tomlinson against the Governments of Trinidad and Tobago and Belize.  Mr Tomlinson is a prominent Jamaican gay activist and attorney, working as Legal Advisor to AIDS-Free World in the Caribbean region.  The Immigration Acts of Trinidad and Tobago and Belize both include “homosexuals” as a class of prohibited immigrant: Mr Tomlinson has been invited to attend seminars and conferences in both countries but is unable to accept because of these laws.

The Treaty binding the Caribbean Community (CARICOM) commits each member state to the goal of free movement within the Community, with a specific right accorded to university graduates.  The CCJ has jurisdiction to determine disputes under the Treaty; an individual may apply to the CCJ if his or her government will not take up the case.  Mr Tomlinson has therefore applied to the CCJ for redress for the violation of his right to freedom of movement, as the Government of Jamaica has refused to act on his behalf.

At a recent preliminary hearing, held through a video link, the Court gave directions for a full hearing of the application for special leave to commence proceedings as an individual, to take place in November 2013.  It is hoped that the action can lead to the repeal of these discriminatory laws.

On 3rd July 2013, Jackie Bond successfully represented four members of the same family in a judicial review of the decision of the Identity and Passport Service to seize British passports belonging to three members of the family, and to refuse to issue a passport to the fourth member of the family. The decision was quashed and remitted to the Secretary of State for the Home Department.  The full text of the Judgment is available here.

Jemma Levinson‘s client was unanimously acquitted following a ten week trial at Oxford Crown Court, which concerned the alleged sexual abuse and grooming of a young complainant.

Read press coverage of the case here.

The European Court of Human Rights today held in the case of Vinter & Others v United Kingdom that whole life tariffs, without scope for review, breach Article 3 ECHR.  Gwawr Thomas was invited to appear on today’s edition of Taro’r Post, a Welsh language current affairs programme broadcast on BBC Radio Cymru, to comment on the implications of the judgment and to debate whether ‘life ought to mean life’.

Lord Gifford QC, Gwawr Thomas and Siobhán Lloyd were amongst the signatories to a letter to The Times, on the occasion of President Santos’ recent visit to the UK.  The letter urged the President to ensure the effective protection of human rights lawyers in Colombia.  Fifty one Colombian human rights defenders have been assassinated in the last two years; many more have received threats to themselves or their families, or fallen victim to repressive measures hindering their ability to practice, such as interception of privileged communications or groundless disciplinary investigations.

Gwawr and Siobhán both travelled to Colombia in September 2012, as part of the Third International Caravana of Jurists.  The delegation’s report into continuing threats to the rule of law was launched last month, and can be viewed here.

The conviction of Victoire Ingabire, the opposition politician defended by Iain Edwards before the Supreme Court in Rwanda, has received a great deal of international attention and condemnation in recent months. The first instance trial has been criticised by Amnesty International in a dedicated report entitled Justice in Jeopardy: The First Instance Trial of Victoire Ingabire for failing to meet certain international fair trial standards. Human Rights Watch has also denounced the trial as being flawed and politically motivated.

On 23 May, the European Parliament adopted a resolution expressing its “deep concern at the initial trial of Victoire Ingabire” and strongly condemning “the politically motivated nature of the trial, the prosecution of political opponents and the prejudging of the trial outcome.”

Iain has been representing Mrs Ingabire since October 2010. The appeal before the Rwandan Supreme Court is about to enter its 12th week.

In 1970 Anthony Gifford’s law centre showed how Legal Aid could be transformative, but now the system is in danger.  Read Anthony’s comments on the changes being proposed and how they will affect everyone:

• The Guardian

Satnam Bains organised and presented at the recent “Campaign Against the Death Penalty in India” conference.

“The death penalty is judicial murder”
Former Supreme Court Judge K T Thomas, 27 April 2013

Given the disturbing recent trend of the death penalty being carried out arbitrarily this year in India, a national campaign against the death penalty comprising of distinguished jurists, senior lawyers, human rights groups, academics, NGOs and activists has converged to highlight the disappointing return to capital punishment. The secretive and barbaric nature of these executions has added to the alarm and concern.

The purpose of the conference is to provide a rational critique from eminent and distinguished speakers, as to how the death penalty as a means of punishment and deterrence is both dangerous and flawed as a penal objective in 2013.

The conference will examine some of the following topics with eminent speakers including:

• Justice A.K. Ganguli (Retd), Supreme Court, Juvenile Justice: the death penalty for juveniles accused of serious offences
• Justice A. P. Shah (Retd.), Chief Justice Delhi High Court, A judges View of the use and abuse of the death penalty.
• Colin Gonsalves, Senior Supreme Court Advocate and director of HRLN, Access to justice, flawed investigations, legal aid and the right to a fair trial where the death penalty is carried out.
• Shashi Kumar Velath, Amnesty International, The“Lethal Lottery”, activism and mobilization.
• Meagan Lee, Reprieve, India bucking the trend: The global move away from the death penalty and “Death-row Syndrome”,
• Anup Surendranath, Professor National Law University Delhi, TADA – Emergency Legislation and the Death Penalty.
• Navneet Bhullar, My struggle against the death penalty
• Satnam Singh Bains, Barrister at Chambers Lord Gifford QC, London, Miscarriages of justice and the irreversible nature of the death penalty.

This conference has been organised by Human Rights Law Network in collaboration with Peoples Union for Civil Liberties, Amnesty International, Human Rights Watch, Free Bhullar Campaign AISA, Anhad, Jamia Teachers’ Solidarity Association, Indian Alliance for Child Rights, Lawyers for Human Rights International, Lawyers for Justice, People’s Watch, Sikh Human Rights Groups and other NGOs.

Please show your support for Legal Aid and Legal Aid firms in the difficult current climate by sponsoring the 1MCB team.

For more details visit the London Legal Walk 2013 website.