Shearman Bowen and Co secure acquittal for client in £3.5 million fraud case at Southwark crown court

30.05.19

Mark Bowen and Rebecca Cooke represented our client who was acquitted of fraud allegations this week at Southwark Crown Court. It was alleged that our client was involved in defrauding investors in a Diamond and carbon credit investment scheme, allegations which he strongly denied. Counsel instructed were Gordon Ross and William Glover of 3 Temple gardens.

The trial collapsed, and the charges  dismissed, following detailed applications that were made for disclosure of further material held by the prosecution and the subsequent cross examination of the prosecution expert witness, Andrew Ager. The defence teams were able to demonstrate that there were serious deficiencies in the disclosure exercise conducted by the prosecution and that the Mr Ager did not have sufficient knowledge or experience to be considered an expert witness in the case. In dismissing the case, the Judge described Mr Ager’s evidence as “wholly misleading”.

The case demonstrates the need for those who defend  to continually monitor disclosure and to consider the credentials of each prosecution expert in all prosecutions. It is clear that there has been systemic failings within the disclosure processes carried by the City of London Police and the CPS in this case. As a result,  a number of other cases investigated by the City of London Police will now need to be reviewed.

For further details of this case  please contact Mark Bowen or Rebecca Cooke for further information.

https://www.theguardian.com/law/2019/may/29/trial-abandoned-because-expert-witness-had-no-expertise