Francis FitzGibbon QC

Overview

Francis undertakes all kinds of criminal cases including homicide, fraud, money-laundering, and drug trafficking. He has a particular interest in medical and scientific cases including Otway 2011, Livesey 2010 and White 2009 (complex medical & causation issues). Fraud work includes VAT (eg Hart 2011), and Lynch 2007 (the Kieran Fallon horserace fixing fraud). He contributed to A Practitioner's Guide to the Law and Regulation of Financial Crime (Sweet & Maxwell 2011). Current work includes a 1980s 'cold case' involving serious child sex offences, and a police corruption/drugs wholesaling case. He advises on appeals and miscarriage of justice cases.

He sits as an Immigration Judge and has deepened his knowledge of Human Rights, asylum law, and the position of refugees and deportees in this country and abroad.

Some Recent and Current Cases

R. v Conteh (Central Criminal Court 2011)

Gang murder in South East London. 17 year old client with abnormally low IQ & compliant personality. Main issue: was he part of 'joint enterprise' to kill victim despite not being present when stabbing took place, but was in group that included the killer? Acquitted of murder, found guilty of manslaughter.

R v Livesey (Manchester Crown Court 2010)

Murder in course of robbery of a cab driver. 2 defendants. The elderly and unwell victim lost his sole working kidney by being stabbed, and was put on dialysis. He had a cluster of other illnesses and asked to stop dialysis 6 months later, and died. Critical issue was whether the stabbing killed him or whether he would have died when he did because of the other diseases. Very technical defence disputing causation with numerous experts called. Secondary issue was whether client was part of joint enterprise with principal offender. Acquitted of murder, found guilty of manslaughter.

R v Otway [2011] EWCA Crim 3 (Court of Appeal)

Appellant was convicted of murder partly on basis of evidence by a podiatrist that he could be identified by his 'gait'. Very controversial scientifically with little research or knowledge base. Appeal was first to consider systematically whether this type of evidence was admissible. Application to adduce fresh evidence by defence expert challenging scientific basis of identification. Consideration of principles of admissibility of new and untested expert evidence. Appeal dismissed.

R v Hart (2011 Croydon Crown Court)

£26.5 million VAT fraud (MTIC). Client posed as trader importing and reselling high volume of mobile phones and computer chips from other EU states to take advantage of VAT exemption for imports and re-exports. Defendants reclaimed VAT on goods with a nominal value of over £140 million, with a loss at least £26.5 million to the Treasury.

R v X (2012)

Top-end drug-supply conspiracy and systematic high-level police corruption.

R v Y (2012)

'Cold case' of serial child abuse in 1980s & 1990s.

Other notable cases:

• Operation Krypton (the Betfair/Fallon horserace fixing trial)
• Operation Trident murder (R. v Mathurin)
• R. v Britton (conspiracy to pervert the course of justice involving allegations of police corruption in Essex)
• R. v Shahchirghi (multi-handed gang kidnapping and torture)
• R. v Streeks and others (large-scale conspiracy to supply cocaine)
• Operation Falbala (£500,000) tax credit fraud
• R v Bahmanzadeh (£8,000,000 confiscation, involving issues around the 'corporate veil' and funds held outside the jurisdiction)
• Medway Ports Authority v Fincken (Administrative Court: jurisdiction of Magistrates to dismiss case against the captain Greenpeace ship 'Rainbow Warrior" for want of prosecution)

Reported cases:

include R v Edwards (1998) Crim L R 207 (drug dealing lifestyle), R v P [2002] 1AC 146 (admissibility of foreign phone interceptions), Kulah [2007] Crim LR 907 (use of Newton hearings in cases of indefinite prison sentences for public protection), Evon Smith [2006] 1 WLR 243 (successful Privy Council death row appeal)

Public Access

Registered with the Bar Council to accept Public Access work.

What the directories say

Francis is consistently featured as a leader in the field of crime in Chambers & Partners Directory.

Publications:

Contributor to 'A Practitioner's Guide to the Law and Regulation of Financial Crime' (Sweet & Maxwell 2011)

Memberships

• CBA
• South-Eastern Circuit

Other

• Trustee, Turner Contemporary, Margate
• Twitter: @ffgqc
• Blog: 'Nothing Like the Sun' http://ffgqc@wordpress.com

Year of Call

1986

Queen's Counsel

2010

Education

MA (Hons)

Email Address

f.fitzgibbon@doughtystreet.co.uk

Click for contact details

Specialist Teams

Member :

• Courts Martial
• Criminal Law
• Direct Public Access
• Human Rights
• Regulatory and Financial Crime