R v M - Sham Marriage Conviction Quashed By Appeal Court
Our Immigration Fraud Solicitors with substantial expertise in the field of Sham Marriages and an array of Immigration Frauds successfully overturned a conviction at the Court of Appeal for a man of good character, accused in a nationwide ‘Sham Marriage’ case involving multiple defendants.
It was alleged by the Prosecution that the accused, together with others, entered into, arranged and facilitated Sham Marriages which allowed him and numerous foreign nationals to remain in the United Kingdom.
Throughout the case, our client maintained that his marriage to the woman in question had been legitimate and genuine. The woman he had married had, unbeknown to him, been married before and involved in a previous Sham Marriage allegation. It also transpired that she was in fact still married to her previous partner and had not divorced in the appropriate way.
Our client discovered this all by chance when going through his application process to remain in the United Kingdom with the Home Office. He had done so a long time before the case had ever come to the police's attention. He made significant efforts to ascertain the truth and very quickly ended the relationship once he realised he had been deceived. Despite giving very specific details of how they met, their relationship, marriage, work and living arrangements, the case proceeded to trial.
The Immigration Fraud Solicitors at this firm obtained evidence to show of all our client’s assertions and the genuine nature of the relationship. Despite this, the case proceeded to trial where rigorous and intelligent cross examination employed by our Lawyers led to the prosecution deciding not to challenge the credibility of our evidence and findings.
Furthermore the prosecution had failed to show any evidence of any Conspiracy with any of the other defendants. Our Immigration Fraud Lawyers advanced a half-time submission professing that the prosecution did not have a credible case to be answered by our client. There simply was not any evidence to suggest that there had been any wrong doing or Conspiracy by our client.
Regardless of the power of the submissions, the Judge refused the application. Our specialist Fraud Barrister's attention then focused on the Judge's words and noted that he inexplicably misdirected the Jury on the law relating to Conspiracy, despite persuasive and vehemently argued submissions by the Defence. Regrettably the jury returned with a guilty verdict and the case was appealed to the Court of Appeal.
At the Court of Appeal all three Lords completely agreed with the defence submissions that there was simply no evidence to show what the prosecution were alleging and that the trial Judge had erred in his decision. The Conviction was quashed and our client was acquitted.