Practice

Rajiv is an experienced lawyer and advocate, specialising in all aspects of criminal justice including criminal defence, extradition, inquests, criminal judicial review, civil actions against the police and Privy Counsel death penalty appeals.

Rajiv has represented clients charged with offences of murder, terrorism, drug trafficking, armed robbery, fraud, money laundering and other serious crimes. He has defended in over twenty murder trials and acted for claimants in over a hundred civil actions against the police. He is regularly instructed as leading junior counsel and has an extensive 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. In 2003, he was instructed by Liberty as junior counsel in a test case challenging the use of arbitrary stop and search powers in the name of counter-terrorism. 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, trials involving defendants charged with inciting terrorist murder, preparing terrorist acts, terrorist fundraising and breaching control order obligations and trials involving defendants prosecuted for supporting armed liberation struggles against repressive regimes. Recently, he led in two lengthy inquests into the controversial deaths of Mikey Powell and Paul Coker in police custody.

Background

Before becoming a barrister, Rajiv spent an exhilarating three years working for Newham Monitoring Project, an anti-racist campaigning organisation that provides legal advice and practical support to victims of racial and police harassment in east London. He did his pupillage at Garden Court and Tooks Chambers before joining Garden Court as a tenant in 1994.

Reported Cases

R v AY [2010] 2 Cr App R 15 - Court of Appeal - Led by Henry Blaxland QC - Interlocutory appeal on the ambit of the reasonable excuse defence in terrorist cases & whether the defence can extend to the intended use of information for the lawful defence of others

R v Tabbakh [2010] Crim LR 79 - 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 & the ambit of sections 57 & 58 of the Terrorism Act 2000

Thomas & Stubbs v Central Criminal Court [2007] 1 Cr App R 7 - High 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 & search powers under the Terrorism Act 2000 against political protestors & a journalist

Hasani v Blackfriars Crown Court [2006] 1 Cr App R 27 - High 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 - High Court - Led by Keir Starmer - Appeal by way of case stated on whether a public order conviction for standing & 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

Inquest into the death of Paul Coker (2010) - Southwark Coroner's Court - Leading Kirsten Heaven - Paul Coker died at Plumstead Police Station in 2005 - Jury found that Paul died of a variant of excited delirium - Jury returned a narrative verdict criticising the police training on excited delirium, the inadequate communication & pooling of information between all concerned & the failure of the FME to carry out an adequate medical assessment of Paul

Inquest into the death of Mikey Powell (2009) - Birmingham & Solihull Coroner's Court - Leading Henrietta Hill - Mikey Powell died in 2003 - Jury found that Mikey died of positional asphyxia in a police van, rejecting the alternative cause of death, namely that Mikey died of exertional sudden death associated with his sickle cell trait

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 & 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 - Leading Ajanta Kaza - Represented Allaatin Kalender - Prosecution for terrorist fundraising & membership of Turkish proscribed organisation that was stayed on grounds of abuse of process

Stephen Lawrence Public Inquiry (1999) - Led by Ian Macdonald QC - Historic inquiry that recognised the prevalence of institutional racism within the police service - Represented Dwayne Brooks, the principal eyewitness & surviving victim of the racist attack that killed Stephen Lawrence

(Updated: August 2010)

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