Introduction

Simon is an experienced and seasoned advocate with over twenty years’ court room experience. Simon is highly professional and comes across as someone who is very good at what he does. He combines this with a friendly, down to earth and relaxed manner which doubtless endears him to clients and colleagues alike.

Simon is a Grade 4 Prosecutor and is on the Terrorism / Serious Fraud /  Proceeds of Crime / Serious Sexual Offences and Serious Organised Crime Specialist Panels

He has prosecuted on behalf of the Serious Fraud Office, Insolvency Service, HMRC and the CPS (Grade 4 Prosecutor).

He is on lists of Counsel at the International Criminal Court (the ‘ICC’), the International Criminal Tribunal for the Former Yugoslavia (the ‘ICTY’) and the Special Tribunal for Lebanon (the ‘STL’). Between May 2009 and January 2015, he acted as co-counsel as part of the legal team defending Vinko Pandurevic on charges of, inter alia, Genocide and Conspiracy to Commit Genocide before the ICTY.

Simon has considerable experience of appearing before all types of tribunal. He presents seminars and has taught advocacy on a regular basis.

In addition, he is computer literate with experience of Adobe DC pro, Live note, Ringtail and Ecourt systems.

Other Information:

Simon is also a regular contributor to seminars in and outside the UK. In recent times he has presented seminars and/or written pamphlets on matters including :

  • Bribery Act 2010
  • Liability of Company Directors
  • Piercing the Corporate Veil and Proceeds of Crime
  • Dawn Raids
  • Gross Turnover Benefit and Proceeds of Crime
  • The Use of Intermediaries in Criminal Proceedings
  • “Trials in Absentia” : a defence perspective on the implications of Article 22 of the Statute for the Special Tribunal for Lebanon (seminar before L’Ecole Nationale de la Magistrature, Paris)
  • “Drug Supply – cross border issues” (seminar before L’Ecole Nationale de la Magistrature, Paris)

Organised Crime and Terrorism

Operation Barton, described in the Court of Appeal as a case “probably unique in the annals of public disorder in this country in recent times” gives a flavour of the type of case in which Simon is instructed on a regular basis. His regular conduct of Terrorism offences provides ample evidence of his calibre. He is regularly briefed in multi handed cases and is able to marshall effectively substantial volumes of evidence for effective and successful outcomes. His experience in one particular case led to him being invited to the British Embassy in Bulgaria to present a seminar to an international audience on the influence of voodoo/juju in Modern Slavery cases.

  • Operation D (2019) Leeds Crown Court – Prosecution of Defendant charged with 13 offences contrary to section 58 Terrorism Act 2000
  • Operation Nautical (2019) Birmingham Crown Court – Prosecution of 9 handed case involving three attempted murders in tit for tat gang shootings
  • Operation Q (2019) Leeds Crown Court – Prosecution of two Defendants charged with offences contrary to section 57 Terrorism Act 2000 and also sections 1 and 2 Terrorism Act 2006. Two Defendants with extreme right wing tendencies encouraging others to emulate the New Zealand mosque attacks
  • Operation X (2019) Birmingham Crown Court – Prosecution of Defendant charged with offences contrary to section 2 Terrorism Act 2006 – activities included leaving terrorist publications in the shoes of the congregation at a number of mosques
  • Operation K (2019) Great Grimsby Crown Court – Prosecution of Defendant with extreme right wing tendencies for public order offences
  • Operation G (2019) Birmingham Crown Court – Prosecution of two Defendants charged with section 5 Terrorism Act 2006 offence. Both Defendants had made extensive plans to travel and to fight for Islamic State in Syria
  • R v Siddiq (2019) – Birmingham Crown Court – Prosecution of Defendant for section 1 Terrorism Act 2006 and section 53 RIPA 2000 offences.
  • Operation Insulate (2019) Shrewsbury Crown Court – representing Defendant in multi handed conspiracy to supply drugs
  • Operation W and W2 (2018) Old Bailey – Prosecution of Defendant charged with numerous offences contrary to section 2 Terrorism Act 2006. Charges involved radicalisation and ‘employment’ of youth offender
  • Operation Redroot (2018) Birmingham Crown Court – Prosecution of two defendants charged with section 2 Modern Slavery Act 2015 and Perverting the Course of Public Justice. Trafficking of vulnerable females for sexual exploitation from Nigeria to Germany involving significant trafficking network. Defendants were UK citizens. Complainants were trafficked overland from Nigeria to Tripoli, across the Mediterranean Sea to Italy and then to Germany. Investigation involved cooperation with German law enforcement. Advising that sentence of 13 years was unduly lenient.
  • Operation P (2018) – Leeds Crown Court – Prosecution of defendant for offences contrary to section 17 Terrorism Act 2000, section 58 Terrorism Act 2000 and section 2 Terrorism Act 2000.
  • Operation Poppet (2018) Stoke Crown Court – Prosecution of three handed trial lasting 6-7 weeks. Part of larger Conspiracy to supply Class A drugs and the importation of 425 kg of Benzocaine involving 15 Defendants
  • Operation X (2018) Kingston Crown Court – Prosecution of two defendants involving section 5 Terrorism Act 2006, section 15 Terrorism Act 2000 (fund raising) and section 1 Terrorism Act 2006.
  • Operation Severn (2017/2018) Birmingham Crown Court – Prosecution of (1) eight handed and (2) nine handed cases arising out of the Prison Mutiny at HMP Birmingham in December 2016.
  • Operation A (2017) Sheffield Crown Court – Prosecution of defendant charged with section 58 Terrorism Act 2000 x 2 and section 5 Terrorism Act 2006. Defendant was brother of suicide bomber in Iraq
  • Operation G (2017) Nottingham Crown Court – Prosecution of defendant charged with dissemination of terrorist publication (beheading video) to his young children pursuant to section 2(2)(d) Terrorism Act 2006.
  • Operation P (2017) Leeds Crown Court – Prosecution of defendant charged with section 5 Terrorism Act 2006 x2 – assisting a third party to travel to Syria to join Islamic State
  • Operation F (2017) Birmingham Crown Court – Prosecution of defendant charged with Breach of Notification Requirements pursuant to section 54 Counter Terrorism Act 2008.
  • Operation U (2017) Old Bailey – Prosecution of defendant charged with section 58(1)(b) Terrorism Act 2000 and section 2 Terrorism Act 2006 offences. Bomb making publications.
  • Operation A (2017) Manchester Crown Court – Prosecution of defendant charged with section 58 Terrorism Act 2000 and section 1 Terrorism Act 2006 offences. Bomb making publications
  • Operation W (2017) Leeds Crown Court – Prosecution of woman charged with s.2 Terrorism Act 2006 offence – tweeting terrorist publications
  • Operation Dynamo (2016) Stafford Crown Court – Prosecution of 24 defendants in drug operation. Wholesale quantities of drugs
  • Operation R (2016) Sheffield Crown Court – Prosecution of woman charged with 10 x s.2 Terrorism Act 2006 offences. Twitter profile was ‘Princess ISIS’. Some of the disseminated publications were videos of murders including burnings and beheadings.
  • Operation Minding (2016) Stafford Crown Court – Prosecution of three defendants charged with 2x conspiracies to pervert the course of public justice. Lead defendant was a police officer who had called 999 to report being recruited by an alleged Islamic State sympathiser to be part of a kidnap of a West Midlands Police officer.
  • Operation D (2015) Nottingham Crown Court – briefed in Counter Terrorism case where Defendant charged with perverting course of justice arising out of the provision of false character references at the Old Bailey when appearing on Terrorism charges – [2016] EWCA Crim 28
  • R v KC (2015) Croydon Crown Court – briefed to defend in six month trial – professional charged with trafficking for sexual exploitation and money laundering. Operation involved numerous brothels around SE England and required numerous witnesses to give evidence from overseas
  • Operation Barton (2015) Birmingham Crown Court – led brief in multi handed case arising out of 2011 riots
  • Operation T (2014) Wolverhampton Crown Court – briefed in Counter Terrorism case where Defendant charged with offences contrary to section 18 and 21 POA 1986

Reported Cases:

  • R v Cotter [2002] 2 Cr App R. 21 CA
  • R v Ibrar Hussain [2002] EWCA Crim 2448
  • R v Michael Daley [2008] EWCA Crim 841
  • R v Gareth Powell [2010] EWCA Crim 2998
  • R v Shakeel Khan [2012] EWCA Crim 1868
  • R v Lewis [2014] EWCA Crim 48 – Operation Barton
  • R v Iyamu [2018] EWCA Crim 2166
  • R v M Awan [2019] EWCA Crim 249

Fraud, Business and Financial Crime

Simon has been conducting fraud cases since 1993. He has spent time on the A-G’s List and has prosecuted for the SFO. He was on the list of VHCC Panel Counsel for a number of years and is well acquainted with preparing page heavy cases for trial. He is computer literate and has experience of “Livenote”, “Ringtail” and “Ecourt” software systems. He has conducted the following type of cases:

  • Operation Ironrider (Warwick Crown Court) Prosecution of two conspiracies to handle ‘cloned’ motor vehicles involving >20 Defendants
  • R v Jobson and Naylor (Warwick Crown Court) Prosecution of Fraudulent Trading case involving 25+ complainants (featured on Cowboy Builders)
  • Op Hyperion (Worcester Crown Court) – defending in multi handed courier fraud of substantial number of OAP victims
  • Op Tarlac – representing Defendant in multi handed, multi £m, money laundering case – also involved in PoCA proceedings
  • Operation Gondola (Northampton Crown Court) Prosecution of an accountant charged with s.4 Fraud Act 2006 x 6, section 327 PoCA 2002 x 3. Complainants were ex Rugby World Cup team member winners and two well known ‘pop stars’
  • Operation Bromelia (Warwick Crown Court) – briefed to defend client charged with conspiracy to defraud in respect of non payment of PAYE – Prosecution offered no evidence against her
  • Operation Ibis (Nottingham Crown Court) – defence of female defendant in confiscation proceedings. Prosecution had alleged she had benefited by >£800k from her particular and general criminal conduct. Argued case should be dealt with as a ‘pecuniary advantage’ (ie measure the confiscation order by the tax evaded not benefit obtained) Judge agreed. Ordered to pay £4375
  • Operation Oakey (Birmingham Crown Court) – Prosecution of police officer charged with theft of £110k+ from Exhibit Store.
  • R v O’Grady (Birmingham Crown Court) instructed in fraud involving the alleged mis-selling of solar panels. Lengthy trial.
  • Operation Tuatara (Birmingham Crown Court) briefed in three handed VAT fraud
  • Operation Bulk (Peterborough Crown Court) briefed in large scale PAYE and VAT fraud
  • R v Hutchinson (Birmingham Crown Court) Bribery and Corruption – briefed to defend the director of an electrical contractor who had tendered for contracts with a local authority
  • R v Treanor (Birmingham Crown Court) briefed to defend at trial the director of three Limited Companies where the Defendant had allegedly misappropriated company funds. He provided advice to and worked alongside a forensic accountant who assisted with the client’s defence.
  • R v Neuberg (Birmingham Crown Court) briefed by the DTI to prosecute the owners of a family business for company director disqualification offences and trading under a prohibited name. The main battleground related to the determination of benefit in proceeds of crime proceedings. Simon defended successfully the 1st instance decision in the Court of Appeal – see R v Neuberg [2007] EWCA Crim 1994
  • R v Mohammed Sheikh (Snaresbrook Crown Court) counterfeit and pirate music recordings – advising and representing a company director at trial in criminal proceedings for conspiracy to defraud – £4m – reported at R v Nissa [2009] EWCA Crim 189
  • Operation Countermarch (Stafford Crown Court) briefed to prosecute 13x Defendants charged with conspiracy to defraud customers of a UK Bank.
  • R v Alison Bradley (Birmingham Crown Court) defended pension scheme administrator in conspiracy to cheat the Revenue relating to exploitation of HMRC’s relief at source system. Secured an acquittal for client after trial
  • Operation Joy (Stafford Crown Court) briefed to represent client in large scale fraud involving motor vehicles. Successfully negotiated favourable basis of plea and POCA proceedings
  • Operation Savate (Birmingham Crown Court) briefed to defend a client charged with conspiracy to cheat the Revenue. This was a large national Construction Industry Scheme Fraud involving evasion of direct and indirect taxation.

Reported Cases:

  • R v Weston [2004] Crim 3381
  • R v Neuberg [2007] EWCA Crim 1994
  • R v Nissa [2009] EWCA Crim 189
  • R v Padda [2013] EWCA Crim 2330

International Crime

Between 2009 and 2015 Simon acted as co-Counsel in the defence of Vinko Pandurevic who appeared on a seven handed indictment before the International Criminal Tribunal for the Former Yugoslavia. Pandurevic was charged with, inter alia, Genocide, Extermination, Murder and Deportation arising out of events around Srebrenica in July 1995.

Simon resided in The Hague for five months while assisting in the drafting of Pandurevic’s final brief and preparation of closing arguments. There was a vast amount of information to absorb (upwards of 1m pages of evidence and at least 40,000 pages of trial transcript when he was instructed). During the course of his involvement, he gained invaluable experience of “Live note”, “Ringtail” and “Ecourt” software systems

Memberships:

  • List of Counsel before the International Criminal Court : the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the Special Tribunal for Lebanon
  • Member of the Association of Defence Counsel before the MICT

Reported Cases:

  • Popovic et al (IT-05-88) “Srebrenica”

Restraint and Confiscation

Simon has substantial experience of business and financial crime which has provided him with a valuable insight to restraint and confiscation work. He has a good grasp of relevant jurisprudence relating to, inter alia, the criminal liability of directors as well as insolvency offences. He is regularly instructed to provide advice and advocacy in cases involving shadow directors and piercing the corporate veil. Simon is also acutely aware of the need to ‘finish criminal cases’ where a PoCA order may be required.

  • R v Neuberg – briefed by the DTI to prosecute the owners of a family business for company director disqualification offences and trading under a prohibited name. The main battleground related to the determination of benefit in proceeds of crime proceedings. Simon defended successfully the 1st instance decision in the Court of Appeal
  • R v Anderson-Hitchen – briefed in Fraudulent Trading proceedings involving shadow director and piercing the corporate veil issues.
  • Re : Maguire – briefed on behalf of Third Party in application to vary/discharge a Restraint Order which affected substantial assets. Successfully varied order.
  • Re : Liscott – briefed in enforcement proceedings. Involved in negotiating financial settlement
  • R v Padda – briefed in Section 22 POCA proceedings six years after the original confiscation order was made. Variation of restraint order on basis that the Prosecutor could not pierce the corporate veil. Appealed 1st instance decision on grounds, inter alia, that the original order was not ‘Waya compliant’.

In addition, he conducts seminars on confiscation related issues and most recently has talked on “Criminal Liability of Company Directors” and “Dawn Raids” as part of St Philips Chambers Regulatory Team.

Reported Cases:

  • R v Neuberg [2007] EWCA Crim 1994
  • R v Padda [2013] EWCA Crim 2330

Homicide (Murder and Manslaughter)

Simon received his first brief in a murder in the year 2000. Since then, he has conducted numerous cases, both defending and prosecuting. Most recently, he has been involved in the cases of :

  • R v Taseem et al (Warwick Crown Court) Prosecution of three defendants for Causing death by dangerous driving and dangerous driving. Significant car chase (>13 miles). Defence being run was duress of circumstances. Prosecution of passenger in lead vehicle on joint enterprise basis.
  • Operation Deerfield (Warwick Crown Court) Prosecution of two defendants for Murder. Transgender male defendant in relationship with female deceased at same time in relationship with male defendant. Sadistic killing.
  • R v Boparan (Birmingham Crown Court) Prosecution of Defendant for Causing Death by Dangerous Driving – nine years after initial dangerous driving event
  • Operation Rockford (Birmingham Crown Court) Prosecution of Defendant for murder of vulnerable neighbour

Serious Sexual Offences

Simon is a user friendly advocate who is regularly briefed to conduct cases involving serious sexual offences whether historic or recent.

He is acutely aware of special measures and the need to employ them as and when required. His experience of intermediaries and BSL interpreters when defending in a ten week murder in the Old Bailey opened his eyes to the  value such experts can bring to a case.

Listed below are a flavour of the type of case he has conducted :

  • R v Vasiliniuc : prosecuted four Romanian Defendants charged with the rape of a working girl.
  • R v Collins : prosecuted Defendant charged with historical sexual abuse of nine complainants – three children and six young employees. Convicted and serving 8 years imprisonment
  • R v Johnson and Myers – rape of male complainant at knife point
  • R v Mohammed Younis – representing Defendant charged with conspiracy to rape and to control prostitution
  • R v Hukam Dad – rape and sexual assault of three daughters
  • R v Clay – historic abuse involving ten complainants from four different families

In addition, he is on the CPS Rape Specialist Panel to prosecute serious sexual offences.

Reported Cases:

  • R v Fletcher [2002] Cr.App.R(S) 127
  • R v Nikos Johnson [2009] EWCA Crim 236

Regulatory

In Firearms and Shotgun work, Simon has provided advice on many aspects of firearms law. He has appeared in the Crown Court on Appeals against revocation or refusals to grant or vary certificates. He has appeared in the Administrative Court on Firearms issues and have also conducted numerous cases on behalf of the Chief Constable of West Midlands Police and Staffordshire Police. Simon advised and conducted a number of cases involving the interpretation of provisions of the Firearms Acts  (“aesthetic quality” – section 7(3) Firearms Act 1968 – Kendrick v CC for West Mids : firearms and “soft air weapons” – Street v DPP [2003] EWHC 86 (Admin) ; revocation of RFD certificates ; ammunition collectors ; sections 11(5) and 21 Firearms Act 1968). In addition, he has represented and advised former members of the GB Clay Pigeon Shooting team, members of the British Association for Shooting and Conservation (BASC) and the National Gamekeepers Association in respect of Firearms and Shotgun Law as well as members of the Firearms Industry. Simon also brought work into chambers by arranging to take Direct Access work from BASC members on firearms and shotgun related problems.

In the last two years, Simon has provided advice and representation on the following type of matters :

  • Providing advice on and conducting Private Prosecutions
  • Advising an overseas client re Fraudulent Representations made by an agent in respect of a Charter party
  • Advising a client pre interview with the FCA about an allegation of Insider Dealing
  • Advising two clients being investigated for price fixing/cartel offences by the Competition and Markets Authority pursuant to the Competition Act 1998
  • Advising and representing (Small Business) Joinery firm re HSE breaches resulting in £160k fine
  • Prosecuting landlord re breaches of Multiple Occupancy Residence
  • Advising and prosecuting importer of 20 tons of oral snuff contrary to Regulation 17 of the Tobacco and Related Products Regulations 2016
  • Prosecuting traveller family for fly tipping and obtaining a forfeiture order in respect of their vehicle
  • Advising a company director re late service of accounts in prosecution brought by Companies House
  • Advising a company director re breach of fiduciary duties and possible criminal offences arising out of company break up
  • Advising and drafting Subject Access requests pursuant to Data Protection Act for former police inspector

Health & Safety, Corporate & Gross Negligence Manslaughter

Simon has in excess of 25 years experience of conducting cases before many different tribunals. Since 1998, he has been involved in numerous homicide cases before the Crown Court, both defending and prosecuting.

He has honed his skills in regulatory work involving, inter alia, Food Hygiene and Health and Safety at Work cases which are the sort of matters which often lead on to manslaughter issues.

Most recently, he has received instructions to advise a client after being struck off the list of registered nurses where there were alleged failures (a) to notify the Commission for Social Care Inspection of the deaths of a number of residents of a care home and (b) to ensure that appropriate medication was administered to a resident.

In taking on such cases, he is well aware of the duties and potential liabilities to be encountered by an organisation and its members pursuant to the provisions of the CMCHA 2007.

He has presented seminars on a regular basis in the UK and overseas to wide ranging audiences. In doing so, he is always well-prepared, thoroughly researched and able to present information succinctly and instructively.

Education

MA (Cantab)

Testimonials

"Specialises in fraud, theft, and drug related cases." Legal 500 2020
“He has experience in high-value fraud cases.” Legal 500
“He has great intellectual acumen.” Legal 500