Kevin Hegarty KC

He is currently advising in high profile Health and Safety and Trading Standards cases involving well-known high-street names.

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.

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.

In 2019 he prosecuted Home Bargains for Health and Safety Law breaches following the death of an employee during a delivery where he became entangled in a tail-lift that had a safety flaw in its design. The case had extensive expert engineering evidence on the questions of design, mechanics, maintenance and operation.

His forthcoming cases include:

• Defending in a gross negligence manslaughter allegation involving a husband and wife
• Prosecuting a dismemberment murder allegation
• Prosecuting alleged attempted murders by setting fire to houses including the murder of a child.

In the last two years he has appeared in the following cases:

• R v Sappleton

Defending Darnelle Sappleton on counts of conspiracy and murder. Secured not guilty verdicts on both counts following a three-month trial at Loughborough Crown Court. Verdicts were delivered in February 2022.

https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-60563406

• R v Ellie Wain

Prosecuting an 18-year-old for the murder of her 18-year-old boyfriend. The case involved a detailed analysis of their long-running relationship and the ultimately rejected defence of “loss of control”. This was heard in December 2020.

https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-55405428

• R v Abdirazak Abdi

Defending a 19-year-old for the murder of Jayden James as part of ongoing violence between two rival gangs RB7 and C2. The evidence included many hours of CCTV and cell site evidence. This was tried in September to November 2020.

https://www.itv.com/news/central/2019-09-19/teenager-charged-with-the-murder-of-16-year-old-jaydon-james-in-coventry

• R v John Allison

Prosecuting a multiple stabbing murder where the defendant killed a supposed friend Daniel Pitham for disrespecting him. After the killing the defendant with another wrapped the body in a roll of carpet and concealed it in the understairs cupboard pending its disposal. This case was heard in January and February 2020.

https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-51533866

• R v Kurrum Guild

Defending in a gang murder in Wolverhampton where the deceased Dwayne Haughton was shot in the face at close range. The case was tried in July to September 2019.

https://www.birminghammail.co.uk/black-country/four-sentenced-94-years-after-17185367

• R v Milligan

Defending in a gross negligence manslaughter where the defendant had supplied morphine to the deceased. The issues in the case concentrated on whether there was a duty of care and whether the deceased girlfriend had taken over the duty of care from the defendant. This was tried in June 2019.

https://www.coventrytelegraph.net/news/coventry-news/coventry-news-drugs-overdose-court-16423156

• R v Emma Cole

Defending in a baby murder case where the father and mother were accused of the murder and manslaughter of a very young baby. Ultimately, they were convicted of causing or allowing a death and acquitted of the gravest charges. There were many aspects of expert evidence in this case including whether a fracture was sustained before or after death and the differing academic research as to rib fractures in infants arising from different resuscitation techniques. The case finished in May 2019.

https://www.dailymail.co.uk/news/article-7024199/Burntwood-couple-Luke-Morgan-Emma-Cole-convicted-causing-death-baby-nine-weeks.html

He is currently instructed in a major guns and drugs conspiracy trial due to start later this year in Birmingham.

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”.

In 2019 he prosecuted a solicitor David Grant for fraud at Leicester Crown Court.

In 2019 he prosecuted four men for theft and conspiracy to conceal and convert criminal property concerning a Viking Hoard.

https://www.newyorker.com/magazine/2020/11/16/the-curse-of-the-buried-treasure

https://www.theguardian.com/uk-news/2019/nov/22/detectorists-jailed-for-stealing-12m-viking-hoard-of-gold-and-silver

His current instructions include:

• Defending in a tax fraud allegation at Sheffield Crown Court in 2021
• Defending in a care home fees fraud allegation at Leeds Crown Court in 2022
• Advising in an alleged fraud concerning several well-known charities