R v NA - Solicitor Wins Perverting Justice Allegation
Our Immigration Fraud Lawyers represented a Solicitor in a case alleging him to have been Assisting Unlawful Immigration to a Member State, contrary to s.25 Immigration Act 1971.
A situation arose during the period on bail which resulted in the client being arrested and interviewed in respect to a further allegation of doing act designed to Pervert the Course of Justice, contrary to common law.
The allegation was of witness intimidation. Our client was interviewed at the police station, and upon legal advice provided a full explanation to the investigating officers during which our client denied knowledge and involvement in the offence. Further, our client raised issues in the interview which led to further enquiries being pursued by the investigating team. One of the issues raised was that the potential witness had been interviewed by a Solicitor from Stuart Miller Solicitors and a witness statement has been taken.
The matter was referred to the Crown Prosecution Service for a charging decision and ultimately went before the Senior Prosecutor reviewing the s.25 Immigration matter. There was consideration as to whether the role of the Solicitor formed a part of the conduct which had been complained of and which had led to the arrest of our client.
As a result of the answers provided at the police interview, the Senior Prosecutor took the very unusual step of writing to us, seeking clarification of certain information which had been provided by our client at the police interview. We, with our client’s consent responded to the Crown’s letter of enquiry with a full explanation of the series of events which had unfolded in a very detailed response.
The Senior Prosecutor having considered our response and further representations, decided that there was insufficient evidence to pursue the matter and decided that No Further Action would be taken in the circumstances.
Throughout the course of the investigation our Immigration Fraud Solicitors were in contact with the Crown in a previously unprecedented way. Leading Counsel, a QC from arguably the best set of Criminal Law Chambers in the UK had been consulted at the time of initial arrest and he confirmed that in his experience such a course of conduct had never been taken by the Crown, nor had the Defence responded in such a way that effectively concluded the investigation.
Counsel commented that it was the flexible and pragmatic approach taken by Stuart Miller Solicitors' expert Fraud Lawyer Majad Habib which resulted in No Further Action being taken against our client. Needless to say, our client was extremely pleased with the outcome.