Who? Daniel Martin, partner and head of business crime and regulation, JMW (London).
Why is he in the news? Represented Rory McGrath, 61, who this month was cleared after being extradited from the US due to an alleged assault on a police officer in 1980.
Thoughts on the case: ‘Everything about this case was unusual and challenging. Unlike historical allegations that are reported to the police and investigated now in accordance with PACE and modern investigative standards, this case relied on evidence gathered in 1980. This included a dock ID of the defendant in an old-style committal hearing. Interviews weren’t recorded at that time. Many of the witnesses were unavailable due to ill health or having died, which meant their evidence couldn’t be tested and obviously memories fade. Although the judge was critical of the decision to bring the case, our legal arguments regarding the fairness of proceedings were repeatedly rejected and so there was a lengthy and hard-fought trial when we finally made it before a jury. In the end we trust in our juries to come to the right decision, and they did. I understand, to an extent, the Crown’s reasoning and of course I sympathise greatly with the victim, but I seriously question the use of resources in this case.’
Dealing with the media: ‘It won’t surprise you to learn that my policy has always been one of not actively engaging with the media during a live case. I am conscious that we have a different system to the US where that is regular practice. However, following the decision there has been a lot of media interest. When a man is extradited from America over a pub fight in Leeds 43 years ago, and the presiding judge questions the delay and lengths gone to in bringing the case to court, well, that’s going to grab the public’s attention. Because of the wider implications of the case, I believe it’s right to comment on it and try to highlight the plight of the criminal justice system, which is at breaking point.’
Career high: ‘I was newly qualified when I got a call from Aylesbury Crown Court to deal with a contempt of court enquiry. I was given special dispensation from the judge to appear without rights of audience. I persuaded the judge to release the accused.’
Career low: ‘When the Court of Appeal upheld the conviction of a domestic-abuse victim I represented for imprisonable offences, even though she was in fear of her life. It rocked my faith in the judiciary.’
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