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Keir Monteith

  • Call: 1994
Keir Monteith
Legal 500 UK Awards 2015: Winner

 

“Regularly up against the National Crime Agency.”

“Recommended for his defence experience in multimillion-pound fraud trials.”

Legal 500 UK

Practice

Keir Monteith is a highly sought-after leading junior who represents clients facing heavyweight criminal charges throughout the UK. Keir has been instructed in numerous murders; large Class A drug importations and conspiracies (see R v C, reported by the BBC); multi-million pound tobacco importations; multi-million pound confiscations; escape from custody cases, (reported by the Guardian) and the Swansea crossbow case, (reported by Wales Online).

In January 2017 Keir secured five acquittals in a long running multi handed conspiracy to rob trial at the Central Criminal Court [RvK], represented N in a high profile gross negligence manslaughter [RvN] and in April obtained a not guilty in a perverting the course of justice allegation in Bolton Crown Court [RvG].

In 2016 Keir represented a 15 year old who faced allegations of a conspiracy to commit GBH which was said to be the catalyst for a mob of 17 to murder a 16 year old. The defendant was first on the indictment. Keir was a leading junior and the rest of the defendants and the prosecution were represented by Silks and juniors. The defendant was acquitted. Keir also represented Adam Deacon in an important case where the jury agreed he should be acquitted because he was mentally unwell at the time of the alleged offences.

In 2015 Keir was leading junior in an Operation Elvedon Misconduct in Public Office case in which a Belmarsh prison officer was accused of selling so called sensitive information to a journalist. The appeal was heard by the Lord Chief Justice and the case will now be taken to the ECtHR. The case received national press coverage, including the Guardian, Press Gazette and Chartered Institute of Journalists.

In December 2014, Keir acted as leading counsel for the first defendant in a significant acquittal in a multi-handed £40m money laundering and complex mandate fraud conspiracy prosecuted by the National Crime Agency [NCA]. The case had international dimensions, the majority of the money being transferred to Hong Kong. After legal argument, despite the Crown assertion that there was a realistic prospect of conviction, the defendant was acquitted. Reported in the National Press and Keir was interviewed on the Today Programme. In 2014 Keir was briefed in over £200 million worth of fraud cases

Keir is regularly instructed in the Court of Appeal, for example in the case of Trim, where Keir obtained leave five and a half years out of time, and for the sentence to be reduced from an indefinite sentence of imprisonment for public protection to a community order. In the case of Robson, after being advised by trial counsel and two other lawyers that there was no appeal against his murder conviction, Keir, acting pro bono, drafted the Grounds of Appeal and, seven years out of time, took the case to the full court. He obtained leave to appeal and the conviction was quashed.

Keir also specialises in civil liberties law and defending protesters, including allegations of large-scale conspiracies to commit criminal damage or violent disorder, allegations of harassment and other violence. He has also been instructed in many successful anti-EDO cases including the infamous super-glue four case, the die in at Churchill Square in Brighton and allegations of criminal damage and actual bodily harm at one of the many EDO protests. In each case, all the defendants were acquitted.

Keir’s commitment comes from a firm belief in the absolute principle that everyone, no matter what the evidence may appear to be, is innocent until proven guilty. He is meticulous in his preparation and provides a first-class service for all his clients.

What Others Say

“Regularly up against the National Crime Agency.”
Legal 500 2016

“Recommended for his defence experience in multimillion-pound fraud trials.”
Legal 500 2015

“The very talented Keir Monteith”
Lewis Nedas and Co Solicitor’s blog, October 4, 2011

Significant Cases

R v Jabir

A multi-handed allegation of possession of a firearm with intent to endanger life and two counts of assisting an offender. The defendant was linked to a broad daylight shooting in London. Jabir pleaded guilty to two counts of assisting an offender. Following a ‘half time’ submission by Keir, the Judge dismissed the possession of firearm allegations against Jabir and also the two other co-defendants. (Reported by the Independent).

R v CK

A £100,000 multi-handed money laundering trial in which three co-defendants pleaded guilty. Following representations by Keir, the Crown dropped the case against his client.

R v Anandan

A £137 million international money laundering fraud using a number of Bureau de Changes over a period of years. The Crown’s case was that it was a sophisticated and well-organised operation and that the defendants were able to offend undetected, even when dealing with professional money lending institutions that had their own money laundering officers. It was stated that the defendant was ‘the de facto manager’ of one of the branches and was responsible for ordering currency and arranging money transfers.

R v Kasim

In December 2014, Keir was leading counsel in a significant acquittal in a multi-handed £40m money laundering and complex manadate fraud conspiracy prosecuted by the NCA.

R v Baptiste

Acted as leading junior in a four-handed allegation of murder with a linked allegation of conspiracy to commit grievous bodily harm with firearms. The firearms included a MAC-10 Submachine gun capable of firing over 1,000 rounds per minute that had been used in a murder. The trial involved controversial disclosure issues involving an anonymous witness.

R v H

Keir was trial counsel [without a leader or junior] where both the prosecution and two defendants were represented by a QC and a junior each. This was a multi-handed case involving allegations of kidnapping and an armed robbery of a bank in Birmingham. Despite the presence of DNA evidence in a vehicle central to the crime, and cell site evidence placing the defendant near the scene, his client was acquitted of all counts. (Reported by the BBC).

R v Dubb

A multi-handed allegation of murder. Two vehicles containing up to 10 people descended on a bar in Bilston. One of the men produced a gun and fired a shot into the crowd outside the bar which resulted in a death at the scene. The defendant was acquitted at ‘half time’. (Reported by the Birmingham Post).

R v Butt

Keir led in a £20m NatWest fraud case where the prosecution and two of the defendants were all represented by a QC and junior each. This trial took place at Southwark Crown Court. The case was split into three parts, and involved an allegation that the defendant and others defrauded the National Westminster bank in the amount of £20,220,629. The client was acquitted of the most serious allegation. Throughout the case Live Note was used. (Reported by the BBC).

R v Sammuels

Keir led in a double-handed armed robbery allegation relating to a number of off licences, where the suspects used handcuffs and guns to commit the robberies. The defendants faced a further allegation of conspiracy to rob. The prosecution evidence ranged from identification and facial mapping to surveillance, DNA (from gun and balaclava) and analysis of alleged residue from exploding bank notes.

R v Harriot

Keir led in a drive-by shooting involving allegations of gangland violence where a pump action shotgun was repeatedly fired at a car containing passengers, on a separate occasion fired at an occupied house and a further allegation of threats to kill. The defence used a combination of duress and identification for their arguments. The client was acquitted of both shootings, and the threats to kill.

Keir led in a multi-million pound multi-handed tobacco importation where the abuse of process submission Keir submitted succeeded, and allowed others who had pleaded guilty to make an application to vacate their pleas.

Keir led in a Microsoft counterfeiting case where, as a result of presenting around 10,000 pages of documents from a linked case, the trial was stopped and then abandoned.

On other cases, Keir represented a solicitor in a trial that consisted of over one million documents and a post-trial investigation into whether the main prosecution witnesses had committed perjury; a law student on allegations of perjury; the largest radio game show deception (reported by the Daily Mail); allegations of a multi-handed fraud conspiracy relating to eBay, where the client was acquitted (reported by the Manchester Evening News), and one of the first sexual allegations based almost entirely on email evidence, involving an undercover officer in America and the UK. This case also concerned PII applications relating to Strap security. Keir also obtained a non-custodial sentence for one of the first extreme pornography cases prosecuted in the UK.

Court of Appeal

R v RN [2016] EWCA Crim 1564 (ongoing)

Leading junior in Operation Elvedon misconduct in public office case in which a Belmarsh prison officer is accused of selling sensitive information to a journalist. The appeal is predicated on Article 10 arguments.

R v Samuels [2014] EWCA Crim 1852

Keir’s oldest and most loyal client, on a life licence at the time of the offence, had a trial and was convicted. Initially sentenced to nine years but after Keir’s submissions this was reduced to six years.

See also R v Samuels [2005] EWCA Crim 3051 for details of his previous application to the Court of Appeal.

R v Cope [2014] EWCA Crim 2187

Despite Mr Cope’s trial counsel writing an advice that said he did not have grounds for an appeal, Keir made an application almost a year out of time. This was granted and the sentence was reduced by one year.

R v Miah [2013] EWCA Crim 1891

Despite the reduction in sentence being just three months, Keir was able to persuade the Court of Appeal that an important point of principle was at stake and it was necessary for the court to intervene.

R v Uyiekpen [2008] EWCA Crim 1457

Appeal against conviction for possession of Class A drugs with intent to supply. Conviction quashed.

R v Robson [2006] EWCA Crim 2749

A conviction for murder was quashed and a verdict of manslaughter by reason of diminished responsibility was substituted where the trial judge had delivered a jury direction on diminished responsibility along the same lines as that which was held to be a misdirection in R v Dietschmann (2003) UKHL 10, (2003) Crim LR 550.

R v Crosse [2005] EWCA Crim 53

The Lewes prison tennis ball case. The appellant tried to throw a tennis ball containing class A and C drugs over the prison wall. After a successful abuse of process submission in the Crown Court regarding the Class A drugs the eventual sentence was successfully appealed as well.

R v Pepper: and others [2005] EWCA Crim 1181

Guidance on extended sentences under the Powers of Criminal Courts (Sentencing) Act 2000 s.85. This case also involved Strap security.

DPP v Jones [2002] EWHC 110 (admin)

Right to protest and public order notices.

R v Hatami [2001] EWCA Crim 1653

Appeal against conviction for unlawful wounding where the alleged victim was stabbed in the back and leg and was initially on life support. Part of the incident was captured on CCTV and was witnessed by a number of people in broad daylight. Conviction quashed.

R v Heggart Archbold 2002, p. 1,257,

The issue of disclosure and the old ‘custom’ of blacking out telephone numbers on CAD reports should stop.

Background

After three years of practice Keir became one of the founding members of Acre Lane Chambers and joined Garden Court in 2002.

Keir is an elected executive member of the Criminal Bar Association, has worked for Oxfam and the NSC.

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