Kevin Hegarty QC
Call 1982 | Silk 2010
Kevin Hegarty QC is a criminal law specialist. His practice includes homicide, fraud and regulatory crime. His approach to preparation gives him a near encyclopaedic knowledge to the issues in his cases.
He is a member of the Criminal Bar Association and regularly appears for the prosecution and the defence in murder and manslaughter trials often involving contested expert evidence.
In 2013 he was appointed to the Serious Fraud Office Prosecution and Proceeds of Crime Lists. In 2017 he received a Commendation from the Director General of the National Crime Agency for his work on the largest money laundering case ever prosecuted in the United Kingdom.
He is a member of the UK Environmental Lawyers Association and he has a Masters Degree in Health and Safety and Environmental Law. His expertise in environmental law includes pollution, waste, carbon emissions and emissions control. His Masters dissertation examined the effectiveness of emissions trading schemes in the EU and the USA.
The Attorney General has appointed him as Special Counsel and he is security cleared at the highest level.
He is regularly instructed by local authorities to prosecute and advise on many different aspects of health and safety and environmental law.
He has also been advising an interested public body in respect of matters connected to the Independent Inquiry into Child Sexual Abuse.
Trading Standards, Consumer Protection & Food Safety
In 2017 he advised and then represented a jeweller who was being prosecuted by trading standards in Hull for offences under the Hallmarking Act 1973 and the Consumer Protection from Unfair Trading Regulations 2008. It was alleged he had applied the word “gold” to jewellery which did not bear a hallmark to support such an assertion. Following legal argument the Hallmarking Act charges were dismissed and the Regulatory offences then dropped.
Kevin has appeared in cases involving offences under the Water Resources Act and the Permitting Regulations. He has a particular interest in Waste. He is able to combine his substantial trial expertise with specialist knowledge of this area of law.
The cases usually involve complex expert evidence
His Masters degree in Health and Safety and Environmental Law included his dissertation on the effectiveness of emission trading schemes in the EU and USA.
He is a member of the UKELA West Midlands Committee.
Health & Safety, Corporate & Gross Negligence Manslaughter
His current instructions include the prosecution of employers for fatalities of employees at work and of non-employees affected by the defendant’s business and advising on the use and enforcement of statutory powers.
He recently represented a hospital trust which was the subject of an application for a production order in respect of medical records of a deceased person who had died outside of the United Kingdom. The order was being pursued as part of an investigation into an offence of assisting suicide.
He is currently advising in a case where statutory powers under s20 of the Health and Safety at Work Act 1974 are the subject of challenge on the grounds of LPP and LAP.
He recently prosecuted the two partners of a care home business where a resident fell through a faulty banister rail to her death.
Homicide (Murder and Manslaughter)
Kevin Hegarty QC is regularly instructed to prosecute and defend in murder and manslaughter cases. His case load includes dealing with expert evidence covering many different medical fields. In the last two years he has appeared in the following cases:
- R v Piotr Miezal. Defending in multi-handed murder arising from drug dealing dispute.
- R v Peter Mallon. Defending in multi-handed murder arising from drug dealing dispute.
- R v Ashai Gray. Defending in conspiracy to murder involving the use of firearms as part of gangland activities. One of the shootings formed the lyric for a rap shown on Youtube featuring his co-accused.
- R v Rio Williams. Defending in an allegation of attempted murder when four shots were fired at the victim. The case relied upon CCTV evidence which following the first trial the prosecution accepted did not support the allegation made and dropped the case
- R v Sivan Amin. Prosecuting an allegation of murder involving multiple stab wounds. The case included calling bad character evidence from Sweden where the defendant had previously been convicted of murder in similar circumstances.
- R v Hartley. Defending in a one punch manslaughter case.
- R v Islaam. Defending in a conspiracy to murder. This case highlighted the limitations of cell site evidence where the prosecution fail to instruct an expert to present the material
- R v McGregor. Defending in the murder of a toddler.
- R v Chikerema where he prosecuted the murder of the defendant’s wife with the repeated use an axe. The defence advanced was one of diminished responsibility which the jury rejected.
Organised Crime and Terrorism
- R v Buckley. Prosecuted a conspiracy to cause explosions.
- R v Khan. Defended in a conspiracy to supply Class A drugs and firearms.
- R v Hartwell. Instructed by the Attorney General to act as Special Counsel in an appeal against conviction and sentence arising from an organised crime gang in the North West.
Fraud, Business and Financial Crime
Over the course of three years and four trials Kevin led the prosecution of the largest money laundering conspiracy in the United Kingdom. Close to £180 million was laundered through an organisation which used Birmingham as a hub for the collection of cash to be passed into the banking system, converted into US $ and sent to the far and middle east. It led to sentences totalling 140 years and a documentary which can be seen here.
Kevin later received a commendation from the Director General of the National Crime Agency for “his outstanding role in securing successful convictions in Operation Smarten”.
He has also been instructed in defending in an HMRC prosecution of a solicitor who was ultimately acquitted of all charges.