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Crime Solicitors

Old Bailey victory for Duncan Lewis client wrongly charged with drugs offences (28 July 2023)

Date: 28/07/2023
Duncan Lewis, Crime Solicitors, Old Bailey victory for Duncan Lewis client wrongly charged with drugs offences

Duncan Lewis’ City of London crime team has scored a significant victory for client who was wrongly charged with offences of possession with intent to supply cannabis and money laundering. Our client was finally acquitted at the Old Bailey after a three-year struggle to clear his name thanks to the hard work of our expert crime team and High Court Advocate Matthew Humphreys. Our client was indicted following a police raid during the height of the Covid-19 national lockdowns. The search warrant concerned our client’s co-defendant and was executed at his north London address, which the police believed to be connected with the illegal drug trade. The search revealed a significant quantity of cash (in the tens of thousands) and a very large volume of class B drugs (in excess of 1.5kg) stored in cooler bags deep within a secured closet in the property. Two occupants were present and arrested. The first was the co-defendant, who had clear links to the address and the contraband. The police found a tenancy agreement and correspondence in his name upon which had been scribbled ‘tik lists’ (drug supply tallies). Also found was a Nokia ‘burner’ phone which showed countless messages arranging the sale of hash cannabis alongside appointment messages from the GP surgery addressed to the co-defendant. The second man arrested was our client - who in a full comment police interview said to police from the outset that he was merely sleeping on the floor for a few days, as he had nowhere to live during the lockdown. He trusted the co-defendant as he was his countryman and he accepted his offer to be taken in out of the cold as he had been sleeping rough in the park. The police found our client on a make-shift bed on the floor, using small bag as a pillow. On searching the bag it was found to contain a quantity of cash and, on the basis of that fact and his presence in the flat, he was charged with money laundering and drug supply, along with his co-defendant. The prosecution argued that our client was a "watchman" for those higher up in the "trade". Our client was originally remanded into custody but we successfully applied for his release on bail. The co-defendant also enjoyed bail but he also made several attempts to lift travel restrictions to allow him to leave the country, which were denied by the court repeatedly. A trial was originally listed at the Barbican Nightingale Court in summer 2021. At that trial (where or client was represented by crime director Sunjay Versani Sunjay Versani) the jury had to be discharged and the trial aborted due to a physical altercation between the two defendants. Our client would say his co-defendant put pressure on him to support his failing defence and when our client resisted, a fight broke out. Cross allegations were made between the two defendants and the police were tasked to investigate. The prosecution once again exercised questionable judgement and adopted the co-defendant’s accusation, charging our client with perverting the course of justice – a very serious offence (which on conviction potentially carries imprisonment measurable in years). The co-defendant’s allegation led to splinter proceedings at the Harrow Crown Court (where Sunjay Versani Sunjay Versani again appeared to defend). Eventually after a futile sequence of litigation concerning joinder/severance of the drugs supply and perverting justice cases - and important work done by our team to locate CCTV, which helped exonerate our client, in December 2022, the prosecution accepted that our client did not pervert the course of justice and offered no evidence against him at his trial. He was discharged of that offence but the drugs supply allegation remained to be determined. Matthew Humphreys took over the defence brief and attended the Old Bailey earlier this month. Noting the age of the drug supply case, the learned Judge made it plain on the opening day that pleas of guilty (albeit at what was by this point a very late stage) would be marked with leniency at sentencing. The co-defendant who had done everything in his power to avoid custody leapt at this opportunity to save his own skin and entered guilty pleas. He was given a suspended sentence of imprisonment and went free that same day. Our client remained resolute in his instructions and in his belief in his case. He refuted any alleged part in his co-defendant’s wrongdoing and stood his ground through to trial. After a hard-fought trial and thanks to Matthew's skilled advocacy and thoughtful approach (emphasising the sheer lack of evidence and complicity), our client finally secured the full aquittal he had waited and waited to achieve. Our client’s story tells us that sometime ordinary people might find themselves in the wrong place at the wrong time, through no fault of their own. Our crime team will stand shoulder-to-shoulder with you and fight the long fight, no matter what twists and turns may appear in the road. Matthew Humphreys was instructed in this case Duncan Lewis crime department director Sunjay Versani Sunjay Versani and consultant solicitors Oliva Amy Rose and Linda Barker. Sunjay Versani is a Solicitor, High Court Advocate and Director of the City of London and Harrow crime team at Duncan Lewis Solicitors. For advice in any criminal litigation matter contact Sunjay via email at sunjayv@duncanlewis.com or via telephone on 020 7923 8537. Duncan Lewis Solicitor’s criminal defence department is renowned for its well-prepared, high-quality work and the ability to assemble first-rate evidence and documentation. The team has a significant practice defending clients in serious and complex criminal cases, particularly gang related serious crime, murder, and drugs importations. Their defence expertise extends to motoring law offences; business and HMRC fraud; cases of sexual abuse, including rape; violent


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