Indictment stayed as an abuse of process. Andrew Price and Ahmed Muen co-defend

Introduction

Andrew Price and Ahmed Muen appeared for the first and second defendants respectively, in five handed conspiracy trial. The defendants were charged with a conspiracy to keep brothels. The prosecution alleged the first and second defendants were leading figures in a complex conspiracy which spanned a period of 9 months. A sixth co-defendant had previously pleaded guilty.

Challenge to Disclosure and Investigation

The prosecution relied on a large amount of phone evidence including messages between the defendants, cell site and ANPR. The defence challenged the prosecution disclosure process and the manner in which the investigation was handled. Throughout the proceedings of the case, the defence listed non-compliance hearings on several occasions to address disclosure issues and challenge the prosecution’s approach to compliance. After multiple hearings of non-compliance and disclosure arguments, the defence lodged an application to stay the indictment.

Arguments and Court’s Decision

On the first day of the trial which was listed for 6 weeks, Andrew Price led the arguments for the defence outlining to the court the multiple breaches committed by the prosecution and the “lamentable” state of the disclosure process. The defence argued that no fair trial was possible given the the approach taken by the prosecution in not complying with court directions, failing to disclose evidence and carrying out ineffective investigation of important material. The prosecution strongly opposed the application stating that it was a “high bar” test for any court to stay an indictment.

Despite being an exceptional power, which is rarely used, the court agreed with the defence and stayed the indictment against all the defendants finding that in the circumstances it would be unfair to try the defendants. The successful application by the defence means the end of the proceedings for the defendant who were able to keep their good character.

Legal Representation

Andrew Price was instructed by Emma Tingling of Amosu Robinshaw. Ahmed Muen was instructed by Ibrahim Hussain of Stonehall Solicitors.

About the Barristers

Andrew Price was called to the bar in 2003. He is ranked as a Leading Junior in Legal 500 which quotes “Andrew is dedicated, organised and very capable. His advocacy is authoritative”. Andrew is instructed in cases of substantial fraud, asset recovery and serious crime.

Ahmed Muen was called to the bar in 2014 and is ranked as a Leading Junior in Legal 500 which quotes “Ahmed is an absolute star in court”. Ahmed is instructed in cases of a serious and complex nature with particular emphasis in gangs and organised crime.

To instruct Andrew and Ahmed, contact their clerks Ryan Bartlett or Amie Harris on 020 7404 1881.