Tim Moloney QC

t.moloney@doughtystreet.co.uk

Year of Silk

2010

Year of Call

1993
Tim Moloney QC
Profile

Tim has substantial experience in dealing with high profile trials across the whole range of criminal offences. He has particular expertise in terrorism, fraud and homicide.

 

Tim’s experience in cases involving allegations of terrorism is substantial. He was instructed in Kebilene, the first case tried in this country which involved an allegation of terrorism overseas as long ago as 1997.  The case concerned the activities of the Algerian Islamist group, the GIA. Since then he has acted in almost all of the major terrorism trials of the past fifteen years, representing alleged members of dissident Irish Republican groups (Hyland and Others [1999] – Republican incendiary bomb campaign; Maguire and Others [2002] -  Republican bombing of the BBC, Ealing and Birmingham) as well as many alleged Islamist terrorists (Ibrahim and Others [2006] - 21/7 attempted tube bombings; Khan and others [2007] – plot to kidnap and behead a British muslim soldier; Ali and Others [2008] – ‘Airline’ bomb plot; Ahmed and others [2009] – alleged director of Al –Qa’eda who claimed he was tortured in Pakistan with the complicity of the UK authorities; Oumerzouk [2010] – charges concerned with funding terrorism; Chowdury and Others [2012]  - alleged plot to blow up the London Stock Exchange) and Naseer and others [2013] – plot . In June 2013, he will argue the case of Gul (concerning the relationship between international and domestic law in terrorism) before the Supreme Court.

 

His experience in cases involving allegations of fraud is also substantial. In 2012 he represented the main defendant in the largest known international identity fraud. He has also conducted a number of other significant fraud trials. His most recent, in 2013, concerned a sophisticated conspiracy to fraudulently sell vacant properties.

 

He has consistently been instructed in other high profile criminal cases including Ellis and others (the New Year killings of Letitia Shakespeare and Charlene Ellis in Birmingham), Say (the murder of two children by their father) and a number of successful high profile appeals including Morris [2005] – quashing of the conviction of a man accused of the murder of three generations of the same family and Pinfold and MacKenny [2004] – the quashing of the convictions of men convicted of contract murders  in 1978.

 

He has also acted in the Divisional Court and Court of Appeal for a number of persons subject to control orders. He represents a number of clients before the European Court of Human Rights. He also represents the Pakistani test cricketer Danish Kaneria in his proceedings before the England and Wales Cricket Board.

 

What the Directories say

Chambers 2014: Formerly of Tooks Chambers, he brings to Doughty Street 20 years of experience at the Criminal Bar and a superb reputation. Expertise: "He is a powerhouse intellectual who has a great deal of terrorism experience".

 

Chambers and Partners 2013: "He has an art that makes people listen no matter the argument," according to peers, who are also impressed with his overall style and "personable manner with both colleagues and clients." His extremely busy year featured defence work in cases at first instance - R v Lodemore, R v Ahmed, R v Whitefield, and R v Kamran Uzzaman, amongst others - as well as appellate and human rights work. He is enormously experienced in the whole range of serious and complex criminal cases.

 

Legal 500 2013: Doughty Street Chambers "added to its ‘array of high-calibre silks’ with the recruitment of Tim Moloney QC, who is noted for his ‘humble yet powerful approach’" .

 

Legal 500 2012: Tim Moloney QC is praised for his ‘fantastic arguments both on paper and on his feet in court'. He is listed as a leading silk in Crime.

 

Before being called to the Bar, he completed his Ph.D and was a lecturer in law. He now writes and lectures extensively on criminal law. He is one of the authors of Blackstone’s Criminal Practice, writing on sexual offences, terrorism, piracy and appeals.

 

Tim was a member of the recent Advisory Group to the Law Commission on the reform of the law of kidnap.

Homicide and Related Grave Offences

Tim is highly experienced and very busy in homicide related matters. His submissions to the Home Affairs Select Committee on joint enterprise formed part of the Committee’s final report.

  • MCentral Criminal Court, to be tried in 2013, representing 14 year old boy in alleged murder of teenager in north London by large group of boys
  • KCentral Criminal Court, to be tried in 2013, alleged murder of man whose body parts found in a field in Hertfordshire
  • DCentral Criminal Court, tried in 2013, alleged gangland execution
  • K A-S Central Criminal Court, tried in 2012, alleged murder of man outside Bermondsey tube station
  • I and othersCentral Criminal Court, 2012, manslaughter of man caused by kick to rib resulting in ruptured liver
  • S and othersCentral Criminal Court, 2011 trial of three persons accused of torturing to death a fellow street drinker
  • SayCentral Criminal Court, 2011 murder by man of his two children aged 8 and 10
  • KasumajCentral Criminal Court, 2011 trial of man accused of two murders and one attempted murder.
  • SalihSheffield Crown Court, 2011 trial of mentally ill man accused of the murder of his partner and her daughter
  • Whitefield Central Criminal Court, 2011 trial of man accused of murder of man in flat in North London
  • UzzamanCentral Criminal Court, 2011 trial of mentally ill man accused of murder of fellow patient at hospital
  • YayaCentral Criminal Court, 2011 trial of man accused of murdering his 17 year old girlfriend
  • Khan Central Criminal Court, 2010 trial of taxi driver accused of murder by running over a pedestrian

Terrorism

Tim is regularly instructed in high profile terrorism trials.

  • R v N and Others  - Criminal Court,  2013, trial of men accused of terrorism charges
  • R v Chowdury and Others Woolwich Crown Court, 2012 trial of men accused of a plot to bomb the London Stock Exchange
  • R v L  - Snaresbrook Crown Court, 2010 trial of man charged with possession of explosive substances
  • R v Oumerzouk Woolwich Crown Court, 2010 trial of man charged with funding terrorism overseas
  • R v Gul  - Central Criminal Court, 2010 trial of man accused of encouraging terrorism by way of internet publications
  • R v Ali and Others  - Woolwich Crown Court, 2009 trial of men accused of a plot to blow up the London Stock Exchange
  • R v Ahmed and Others Manchester Crown Court, 2008 trial of man accused of directing the activities of Al-Qa’eda
  • R v Khan and Others  - Leicester Crown Court, 2007 trial of defendants accused of a plot to kidnap and behead a British muslim soldier
  • R v KhaliqLeeds Crown Court, 2007 trial of a man accused of possessing articles likely to be of use to terrorists
  • R v Ibrahim and Others Woolwich Crown Court, 2006 trial of men accused of the 21/7 attempted bombings of the London Underground
  • R v Hulme and Others Central Criminal Court, 2003 trial of defendants accused of alleged dissident Republican bombings of the BBC, Ealing and Birmingham
  • R v Hyland and OthersCentral Criminal Court, 1999 trial of defendants accused of involvement in a dissident Republican incendiary bomb campaign
  • R v Kebilene and Others Central Criminal court, 1997 trial of men accused of assisting the GIA in Algeria

Extradition

Tim’s first major extradition case was that of Al’Fawwaz and others in the House of Lords in 2001. It concerned the extradition of men accused of the 1998 Al-Qa’eda bombings of the U.S. embassies in Dar es Salaam and Nairobi  [see R (on the application of Al Fawwaz) v Governor of Brixton Prison [2002] 1 AC 556]. Since then he has appeared in many extradition cases involving a range of clients including alleged members of the Naples Camorra, membes of Irish republican groups and individuals from a wide range of countries across the world.

Criminal Appeals

Tim  is regularly instructed in legally and factually complex criminal appeals in the Court of Appeal (including advice work on applications to the CCRC), the Supreme Court and the European Court of Human Rights.

  • Ali and others – ongoing appeal to the European Court of Human Rights
  • Ahmed and others – ongoing appeal to the European Court of Human Rights concerning alleged complicity of UK authorities in torture overseas
  • GulJune 2013 appeal hearing in Supreme Court concerned with the limitations imposed by International Humanitarian Law on the scope of domestic terrorism legislation
  • Qema  - 2010 appeal of man subject to ‘sting’ by the News of the World
  • Ellis and others 2006 appeal of men convicted of the shooting of two young women, Letitia Shakespeare and Charlene Ellis, in Birmingham during the New Year 2003 celebrations
  • Hasan  - 2005 appeal to the House of Lords relating to duress and confessions
  • Morris  - 2005 appeal of man who had been convicted of the murder of three generations of the same family in South Wales
  • Pinfold and Mackenny 2004 appeal of two men convicted of contract killings in the late 1970s.
  • Al-Fawwaz and others 2001 House of Lords appeal against extradition of men accused of the Bin Laden bombings of the American embassies in Dar es Salaam and Nairobi

Regulatory and Financial Crime

Tim’s experience leading in financial crime is substantial.

  • M Southwark Crown Court, tried in 2013, fraudulent selling of vacant properties not owned by the defendant
  • Danish Kaneria 2012, representing Pakistan test cricketer before England and Wales Cricket Board
  • Sales and Others Southwark Crown Court, 2012 trial of largest ever international identity fraud
  • Ahmed and Others Bradford Crown Court, 2011 trial of police officer accused of fraud
  • Farooq  and Others Southwark Crown Court, 2010 trial of mortgage fraud

Prison Law and Crime Related Public Law

Tim has represented a number of people subject to control order proceedings.

  • Secretary of State for the Home Department v BB Divisional Court and Court of Appeal, 2012 Control Order proceedings
  • Secretary of State for the Home Department v BF Divisional Court, 2011 Control Order proceedings
  • Secretary of State for the Home Department v AM Divisional Court and Court of Appeal, 2011 Control Order proceedings

International Crime

 

Tim has extensive knowledge of International Humanitarian Law, including its relationship with domestic law. He is to appear before the Supreme Court in June 2013 in a case concerned with the extent to which s.1 of the Terrorism Act 2000 has to be read down in the light of international law so as to exclude legitimate military acts perpetrated during a non-international armed conflict. (see Gul [2012] 3 All ER 83]).

 

He has recently advised in proceedings concerned with the imposition of sanctions by the European Union on a person suspected of close connections with the Syrian government.

 

He also has a special interest in international maritime piracy, having written and been consulted on the subject on numerous occasions. See here, for example. He recently delivered lectures on the law relating to maritime piracy to the Attorney General’s Department of the Sultanate of Oman. Tim is also joint author of the chapter relating to piracy in ‘Blackstone’s Criminal Practice’.

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