Rajiv specialises in criminal defence. He has represented defendants charged with murder, terrorism, drug trafficking, armed robbery, fraud, money laundering and other serious crimes. He has been instructed as leading junior counsel in a number of cases and has a considerable appellate practice. He is particularly interested in cases involving human rights violations and the abuse of power by the state.
In 1999, Rajiv was junior counsel for Dwayne Brooks at the Stephen Lawrence Public Inquiry. In 2002 and 2003, he represented four defendants charged with riot and violent disorder arising from the civil disturbances in Oldham and Burnley. Since 2004, he has represented defendants in eleven terrorist cases including the "fertiliser bomb plot" trial at the Old Bailey which lasted over a year and two recent trials involving defendants prosecuted for supporting armed liberation struggles against repressive regimes.
Rajiv also specialises in civil actions against the police, criminal judicial review, extradition, inquests and Privy Council death penalty appeals. He is keen to expand his extradition practice, having recently prevented the extradition of defendants requested by Albania and Mauritius.
Reported cases
R v Tabbakh [2009] EWCA Crim 464 - Court of Appeal - Appeal on what can properly be taken into account when deciding whether a defendant with a mental condition should receive an adverse inference direction under section 35 of the Criminal Justice & Public Order Act 1994
Attorney General's References (Nos. 85, 86 & 87 of 2007) sub nom R v Tsouli, Mughal & Al-Daour [2008] 2 Cr App R (S) 45 - Court of Appeal - Led by Henry Blaxland QC - Appeal on the appropriate sentences to be passed for inciting terrorist murder through internet websites & chat forums
R v Rowe [2007] 2 Cr App R 14 - Court of Appeal - Led by Mike Mansfield QC - Appeal on the availability of self-defence in terrorist cases and the ambit of sections 57 and 58 of the Terrorism Act 2000
Thomas & Stubbs v Central Criminal Court [2006] 1 Cr App R 7 - Divisional Court - Judicial review on how to approach lack of due diligence when challenging a decision to extend custody time limits
R (Gillan & Quinton) v Metropolitan Police Commissioner & Home Secretary [2006] 2 Cr App R 36 - House of Lords - Led by Rabinder Singh QC - Judicial review of the use of arbitrary stop and search powers under the Terrorism Act 2000 against political protestors and a journalist
Hasani v Blackfriars Crown Court [2006] 1 Cr App R 27 - Divisional Court - Judicial review on the procedure to adopt when a defendant found unfit to plead becomes fit prior to disposal
R v Quayle & others [2005] 2 Cr App 34 - Court of Appeal - Appeal on the availability of the necessity defence to those who use or supply cannabis for medicinal purposes
Percy v DPP [2002] Crim LR 835 - Divisional Court - Led by Keir Starmer - Appeal by way of case stated on whether a public order conviction for standing and writing on an American flag is compatible with the right to freedom of expression under article 10 of the ECHR
R v Reid & others [2002] 1 Cr App R 21 - Court of Appeal - Appeal on the admissibility of psychiatric reports ordered by the court in a cut-throat murder trial
R v Lambert, Ali & Jordan [2001] 1 Cr App R 14 - Court of Appeal - Led by Ian Macdonald QC - Appeal on whether the reverse legal burden on a defendant to prove diminished responsibility in a murder trial is compatible with the presumption of innocence under article 6(2) of the ECHR
R v Davis [1998] Crim LR 564 - Court of Appeal - Appeal on whether a screwdriver is a bladed article in law
R v Roble [1997] Crim LR 449 - Court of Appeal - Appeal on how legal advice to remain silent when questioned could prevent an adverse inference direction under section 34 of the Criminal Justice and Public Order Act 1994
Other notable cases
R v Baluch & Marri (2008-2009) - Woolwich Crown Court - Led by Henry Blaxland QC - Trial involving the use of anti-terrorist legislation to criminalise those who support armed liberation struggles against repressive regimes - Represented Hyrbyair Marri who was acquitted of inciting terrorist murder and preparing terrorist acts in Balochistan
R v Bullivant (2007) - Old Bailey - First contested trial for breach of control order obligations - Represented Cerie Bullivant who was acquitted on grounds of reasonable excuse
R v Khyam & others (2006-2007) - Old Bailey - Operation Crevice "fertiliser bomb plot" trial - Led by Helena Kennedy QC - Represented Shujah Mahmood who was acquitted of conspiracy to cause explosions
R v Kalayci & others (2004) - Kingston Crown Court - Led Ajanta Kaza - Represented Allaatin Kalender - Prosecution for terrorist fundraising & membership of Turkish proscribed organisation stayed on grounds of abuse of process
Stephen Lawrence Public Inquiry (1999) - Led by Ian Macdonald QC - Represented Dwayne Brooks, the principal eyewitness and surviving victim of the racist attack that killed Stephen Lawrence
(Last Updated: September 2009)
