Kirsty Brimelow QC

In 2009, Kirsty was appointed Counsel to an Inquiry into a US $61m fraud in Antigua (the Chief Justice of New South Wales was the Commissioner). In 2011, she undertook direction of the police in evidence gathering. She was instructed on behalf of British Virgin Islands’ former politician Andre Penn and, with Edward Fitzgerald QC, was successful in the Court of Appeal. Kirsty advises upon cases from Jamaica to the Privy Council having previously worked on behalf of the Bar Human Rights Committee in Kingston Jamaica. Kirsty successfully represented Chief Justice Sharma of Trinidad and Tobago before a Tribunal chaired by Lord Mustill that enquired into whether to recommend his removal from office to the Privy Council. In 2012, Kirsty was appointed legal adviser to the Constitution Commission of Fiji in relation to its new Fijian constitution and Public Order Act. She is advising upon a child “terrorist” case in the Court of Appeal Nigeria. She has collaborated in amicus curiae briefs particularly in relation to land rights in the Inter- American Court of Human Rights. She is experienced in utilizing UN special measures on behalf of those whose rights are violated. In 2012 Ralph Kasambara moved from being unlawfully detained in Malawi to being released and appointed Attorney General within a month.

Kirsty’s public law cases have included a challenge to the compatibility of section 1(1)(a) Protection of the Children Act 1978 with the Article 8 and Article 10 ECHR and an application that the suspended Gibraltan Chief Justice should not have a personal costs liability to the Gibraltar government. Currently, she is leading a judicial review application of the DPP/ Crown Prosecution Service’s decision relating to state immunity and international crime (torture). She regularly advises both governments and NGOs and charities on legal issues in the context of international human rights law.

Kirsty Brimelow QC is frequently instructed in appeals in the Court of Appeal - civil and criminal divisions, the Privy Council, the Supreme Court and the European Court of Human Rights. She was recognised for 15 years as a "leading junior" in crime in Chambers and Partners and, upon taking silk, was one of a handful QCs selected by respected legal commentator Joshua Rozenberg being noteworthy. She is ranked in Chambers and Partners 2013.

Kirsty has been instructed in an appeal case in Nigeria, advised upon appeal cases in Colombia (including intervention litigation to the Inter- American Court), advised upon a Privy Council cases from Jamaica and Trinidad and Tobago and carried out training on appeals in Nigeria, Tanzania and Zimbabwe. Together with Edward Fitzgerald QC, Kirsty successfully appealed the sexual offences convictions of former politician Andre Penn in the British Virgin Islands.

Notable appeal cases:

• R v Twomey [2009] EWCA 1035 [2011] EWCA 8 - Kirsty defended in this "juryless trial" appeal before the Lord Chief Justice. The appeal included an application that the Lord Chief Justice recuse himself from the appeal on the basis of appearance if bias. Extensive national and international publicity. ECtHR pending
• R v Wang Yam [2008] EWCA 269 {2010] EWCA Crim 2072 first murder trial where the defence was partly in camera on grounds of "national security". Interlocutory appeal heard by LCJ (led junior). Appeal pending before ECtHR
• R v Andre Penn [2012 - BVI COurt of Appeal] - Kirsty and Edward Fitzgerald QC were the two QCs selected to appeal the conviction in this high profile cases (rape of a child by former politician and brother and deputy prime minister). Successful. Kirsty is representing Mr. Penn in the retrial.
• Lewis and ors v Attorney General's Reference No. 15, 16 & 17 [2012] EWCA Crim 1414 - prosecuted by Solicitor General. Guideline case under the new Drugs Offences Guidelines.
• R v Morris - leave has been granted by the Court of Appeal in this decade old murder case.
• R v Dang and Others [2012] - leave granted by the Court of Appeal. Largest production of cannabis case in Europe (joint operation between UK and the Netherlands). Kirsty represented the first defendant (out of 24) in three month trial at the Central Criminal Court. £5million confiscation hearing pending.
• Counsel to Commission of Inquiry in Antigua [2009 - 2010] - inquiry into diversion of monies from the repayment of a US$29 million loan. The Commissioner was the Chief Justice of New South Wales Australia.
• R v Mohamed Nasheed [2012 - 2013] - Kirsty is part of a legal team representing the former President of the Maldives upon a charge relating to the arrest of a Judge.

Kirsty started leading in serious and complex criminal cases in 1999 and maintained this level of work so that she was appointed QC in 2011. She is an experienced and skilled advocate, with exact drafting skills honed from her early years practising in civil and commercial law. She was instructed to provide a written Opinion of the evidence compiled by Swedish authorities against Julian Assange. Nationally, she is instructed in trials predominately at the Central Criminal Court. In 2012, she representing the first out of 24 defendants in the largest cannabis production case to be prosecuted. In 2013 she is defending in a three month homicide with firearms trial. Kirsty defended in the first Crown Court “juryless” trial (R v T [2009] EWCA 1035, [2010] EWCA Crim 630, [2011] EWCA Crim 8) and defended in the first murder trial where the defence was “in camera” on grounds of national security (R v Wang Yam [2008] EWCA Crim 269; [2010] EWCA 2072). Kirsty has considerable success with legal arguments at first instance – including two cases where historic sexual abuse allegations were halted due to abuse of process. Kirsty regularly advises in relation to extradition and has had success of quashing indictments through the use of the specialty rule. She is one of small number of barristers selected to represent celebrity and high- profile clients against criminal allegations, in particular sexual offences. Also, her skills have been sought out by those with a wide choice of first rate advocates. To date she has represented two Chief Justices (Gibraltar and Trinidad and Tobago), one former President (Maldives) and advised upon the case of a former Attorney General (Malawi). In 2012 she was appointed Legal Advisor upon the proposed Public Order Bill to the Fiji Constitution Commission.

Kirsty is instructed in the most serious and prominent cases nationally and internationally at domestic and appellate level; particularly those alleging human rights violations. She is one of a handpicked number of barristers who defends celebrity and other high profile clients. To date, she has represented two Chief Justices (Trinidad and Tobago and Gibraltar). Kirsty is experienced working and advising in disparate jurisdictions and placing their domestic law and constitutions in the context of international law. She experienced in cases tried before Tribunals. In 2007 she was represented the then Chief Justice of Trinidad (Satnarine Sharma) before a Tribunal chaired by Lord Mustill (led and leading junior). It was the first Tribunal worldwide to consider recommending removing a Chief Justice. The subject matter which centred upon accusations and counter -accusations by the Chief Magistrate against the Chief Justice were described by the Tribunal as "almost defying belief". Kirsty and the team were successful and the Chief Justice was reinstated to his office. In 2008, Kirsty represented the Chief Justice of Gibraltar in a judicial review in relation to costs.

In 2009, she was appointed Counsel to an Inquiry into a US $61m fraud in Antigua (the Chief Justice of New South Wales was the Commissioner). In 2011, she undertook direction of the police in evidence gathering. She was instructed on behalf of British Virgin Islands’ former politician Andre Penn and, with Edward Fitzgerald QC, was successful in the Court of Appeal. Kirsty advises upon cases from Jamaica to the Privy Council having previously worked on behalf of the Bar Human Rights Committee in Kingston Jamaica. In 2012, Kirsty was appointed legal adviser to the Constitution Commission of Fiji in relation to its new Fijian constitution and Public Order Act. She is advising upon a child “terrorist” case in the Court of Appeal Nigeria. She has collaborated in amicus curiae briefs particularly in relation to land rights in the Inter- American Court of Human Rights. She is experienced in utilizing UN special measures on behalf of those whose rights are violated. In 2012 Ralph Kasambara moved from being unlawfully detained in Malawi to being released and appointed Attorney General within a month.

Kirsty is a criminal law specialist, instructed in the most serious and prominent cases nationally and internationally at domestic and appellate level; particularly those alleging human rights violations. She is one of a handpicked number of barristers who defends celebrity and other high profile clients. To date, she has represented two Chief Justices (Trinidad and Tobago and Gibraltar). Kirsty is experienced working and advising in disparate jurisdictions and placing their domestic law and constitutions in the context of international law. In 2012, Kirsty led training in criminal practice and procedure at the Tanzanian Law School and training upon international standards for free and fair elections (pre-requisite rights) in Zimbabwe. She has led international human rights law training in Bogota, Colombia and in 2012 conducted a further fact-finding mission with international lawyers and Judges. She was one a small number invited by the FCO to a private meeting with President Santos. She partners UNICEF in leading trainings in Nigeria in Child Rights and has edited and contributed to three Child Rights manuals. Kirsty is contributing author to Lexis Practice Notes and Westlaw. She presents the “development of criminal law and human rights” at the annual Justice Human Rights Law Confernce. She is a regular legal commentator in all forms of media and has appeared on Newsnight, Radio 4’s “Today” and “Woman’s Hour” programmes. She was an elected member of the Criminal Bar Association executive for 7 years. She was spokesperson in the media for the Bar Council for 10 years.

In 2009, she was appointed Counsel to an Inquiry into a US $61m fraud in Antigua and Barbuda (the Chief Justice of New South Wales was the Commissioner). This involved tracking money over some six jurisdictions. Experts and lawyers were co-ordinated from four jurisdictions. An in depth knowledge of Mutual Legal Assistance Treaties was required. In 2011, she undertook direction of the police in evidence gathering. Currently, she is instructed in a £5million confiscation hearing at the Central Criminal Court. Kirsty is an experienced and skilled cross-examiner. She has a particular interest in practice in regulatory bodies and, having represented two Chief Justices, she has a unique experience of comparative law in disciplining and regulating professionals.