Malcolm is an extradition and criminal law specialist. He has extensive experience conducting extradition cases at both first instance and appellate level and is instructed in complex and grave matters involving allegations of terrorism, murder and serious sexual offences. He also has a wealth of Crown Court trial experience, including matters involving alleged rape, money laundering, drugs conspiracies and robbery.
Prior to coming to the Bar, Malcolm worked for human rights organisations such as Human Rights Watch and Amnesty International as Russia/Belarus researcher in London, New York and Moscow. He helped uncover serious human rights violations on both sides during the second armed conflict in Chechnya and published a number of reports on the dictatorship in Belarus.
Malcolm has undertaken pro bono work on behalf of the European Human Rights Advocacy Centre involving applications from residents of South Ossetia to the European Court of Human Rights.
Malcolm has developed particular expertise with challenges to extradition requests on grounds of family life, proportionality and health. In GF v Latvia  EWHC 317 (Admin), the High Court allowed an appeal based on the triviality of the alleged conduct and time already served while awaiting extradition. In Welke v Poland  EWHC 320 (Admin), he successfully appealed an order made to extradite a man wanted for very serious offences in light of his responsibilities in caring for his disabled wife and the significant delay in the case for which he bore no blame.
In Juszczak v Poland
 EWHC 526 (Admin), the judge agreed that the appellant’s responsibilities in caring for his severely disabled daughter and a significant delay in pursuing him rendered the request disproportionate; the judge suggested that the case should serve as a warning to both the Polish authorities and SOCA ‘of the need to act speedily when seeking return of offenders either to face prosecution or to serve sentences'.
In Wrobel v The District Court of Wroclaw, Poland
 EWHC 374 (Admin), the court allowed an appeal predicated on suicide risk (s. 25); the case established the test to be applied in such cases. In Wilby and Halliday v The Municipal Court, Prague, Czech Republic  EWHC 1006 (Admin), Malcolm represented the lead appellant in an HIV/AIDS case where access to adequate medical care in custody for HIV/AIDS sufferers was in issue.
Led by Edward Fitzgerald QC in the case of Hamza (for al Fawaz) v SSHD
 EWHC 2736 (Admin), Malcolm represented an alleged member of Al Qaeda and former associate of Osama Bin Laden. He is currently representing a British Al Qaeda suspect who is being sought for trial in the United States.
More broadly, Malcolm has also successfully argued Article 8 in Wysocki v Poland
 EWHC 3430 (Admin), the court finding the extradition request disproportionate. In Russian Federation v SV (unreported, 2011), an extradition request concerning a refugee accused of rape in Russia and alleged to have assumed a false identity in the UK, was stayed as an abuse of process.
Malcolm is also experienced in the use of judicial review both in extradition and criminal law contexts.
Malcolm is regularly instructed in serious criminal matters, including rape, armed robbery, assault GBH and conspiracy to supply Class A drugs. These cases include representing the lead defendant in a two-week, two-handed rape allegation at the Old Bailey.
Malcolm has also appeared at the Court of Appeal to challenge both conviction and sentence in criminal matters, successfully reducing a sentence for an armed robber in Regina v Oyedeji Shobande, Sampson Reid
 EWCA Crim 560. Reported Cases
Malcolm is well-versed in proceeds of crime cases (confiscation), including full, contested hearings at the Crown Court. He has also represented a defendant in a five-week trial at the Old Bailey on money-laundering charges.
Malcolm also has experience of a variety of regulatory work, including benefit fraud, planning and local government law. He has been involved in cases involving statutory nuisance, smoking regulations, local by-laws and planning permission.
BA (Hons) Modern Languages (Russian and English)
LL.M. International Human Rights Law
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