Tim Moloney QC

t.moloney@doughtystreet.co.uk

Year of Silk

2010

Year of Call

1993
Tim Moloney QC
Profile

Tim has consistently acted in high profile cases involving allegations of homicide, fraud, terrorism and general crime including sexual offences. He also has extensive experience of all levels of appellate advocacy including in both the House of Lords and the Supreme Court. He has acted in a number of criminal law related judicial reviews and has substantial experience in extradition proceedings. Tim also advises high profile organisations on their exposure to involvement with acts of terrorism and is regularly involved in training of lawyers overseas in the law and practice relating to terrorism and maritime piracy.

 

Following the completion of his Ph.D, Tim was a lecturer in law before being called to the Bar in 1993. He continues to write and lecture extensively on criminal law and procedure. He is the author of the sexual offences, terrorism, piracy and appeals sections of Blackstone’s Criminal Practice and is the author of the sentencing chapters in Rook and Ward on Sexual Offences.

 

What the Directories Say

 

Tim is ranked in Band 1 of crime silks in the current edition of ‘Chambers and Partners’ directory and is classed as a leading silk in crime in the current ‘Legal 500’.

 

Chambers and Partners 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".

 

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." 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'.

Homicide and Related Grave Offences

Tim is highly experienced in homicide related matters. His submissions to the Justice Select Committee on joint enterprise formed part of the committee’s final report.

His notable recent cases include:

  • W and othersCentral Criminal Court, 2014 – acquittal of man accused of attempted murder during shoot out in club in North London.
  • P Central Criminal Court, 2014 – guilty plea by woman to manslaughter arising out of suicide pact when facing allegation of murder. No evidence consequently offered on charge of murder. Non-custodial sentence.
  • H and others Central Criminal Court, 2014 – acquittal of defendant accused of murder of his cousin by stabbing during family feud in East London.
  • K and othersCentral Criminal Court, 2013, acquittal of defendant accused of murder of man whose body parts were found in a field in Hertfordshire.
  • M and othersCentral Criminal Court, 2013, trial of youth accused of murder of young man by large gang
  • A-S and anotherCentral Criminal Court, 2013, acquittal of defendant accused of murder of a man outside Bermondsey tube station
  • S and othersCentral Criminal Court, 2012, trial of three persons accused of torturing to death a fellow street drinker
  • SCentral Criminal Court, 2011 guilty plea to murder by man accused of the murder of his two children aged 8 and 10
  • KWoolwich Crown Court, 2011 – acquittal of man accused of two murders and one attempted murder by shooting in broad daylight in central London. Convicted of manslaughter on the grounds of diminished responsibility.
  • SSheffield Crown Court, 2011 guilty plea to manslaughter by mentally ill man accused of the murder of his partner and her daughter. Proceedings resulted in a hospital order for the accused.
  • WCentral Criminal Court, 2011 acquittal of defendant accused of murder of man in flat in North London
  • U Central Criminal Court, 2011 guilty plea to manslaughter of mentally ill defendant accused of murder of fellow patient at hospital. Proceedings resulted in a hospital order for the accused.
  • YCentral Criminal Court, 2011 guilty plea to murder by defendant accused of murdering his 17 year old girlfriend
  • FKingston Crown Court, 2010, acquittal of woman accused of involvement in largest ever attempted importation of cocaine.

Terrorism

Tim is regularly instructed in high profile terrorism trials. For seven years, he has been the author of the terrorism section of Blackstone’s Criminal Practice. He advises a number of organisations on preventing their inadvertent involvement in terrorism in the course of their activities. He also regularly provides training around the world on terrorism and human rights for the United Nations and other organisations. His more important cases include:

  • Gul Supreme Court, 2013, the leading case on the definition of terrorism in international law.
  • R v N and Others  - Woolwich Crown Court,  2013, trial of men accused of terrorism
  • R v C and OthersWoolwich 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 OWoolwich Crown Court, 2010 trial of man charged with funding terrorism overseas
  • R v G  - Central Criminal Court, 2010 trial of man accused of encouraging terrorism by way of internet publications
  • R v A and Others  - Woolwich Crown Court, 2009 trial of men accused of a plot to blow up transatlantic flights using liquid bombs
  • R v RA and OthersManchester Crown Court, 2008 trial of man accused of directing the activities of Al-Qa’eda
  • R v K and Others  - Leicester Crown Court, 2007 trial of defendants accused of a plot to kidnap and behead a British muslim soldier
  • R v KK Leeds Crown Court, 2007 trial of a man accused of possessing articles likely to be of use to terrorists
  • R v I and OthersWoolwich Crown Court, 2006 trial of men accused of the 21/7 attempted bombings of the London Underground
  • R v H and Others Central Criminal Court, 2003 trial of defendants accused of alleged dissident Republican bombings of the BBC, Ealing and Birmingham
  • R v H, M and GCentral Criminal Court, 1999 trial of defendants accused of involvement in a dissident Republican incendiary bomb campaign
  • R v Kebilene and OthersCentral 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, members of Irish republican groups and individuals from a wide range of countries across the world.

His notable recent cases include:

  • M(2014) – extradition to Rwanda for the 1994 genocide. Awaiting Supreme Court judgment on an interlocutory point concerned with closed material procedures.
  • P(2014) – extradition to Georgia of Russian businessman accused of fraud
  • - (2013) the first extradition to Algeria concerning a businessman and political figure accused of embezzling large amounts of money

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. He is the author of the Appeals chapters in Blackstone’s Criminal Practice. His notable cases include:

  • 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
  • Gul 2013, Supreme Court appeal 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 others2006 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 Mackenny2004 appeal of two men convicted of contract killings in the late 1970s.
  • Al-Fawwaz and others2001 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 has significant experience of leading in financial crime and regulation work. Notable cases include:

  • MSouthwark Crown Court, 2013, fraudulent selling of vacant properties not owned by the defendant
  • DK2012, representing Pakistan test cricketer before the England and Wales Cricket Board
  • S and OthersSouthwark Crown Court, 2012 trial of largest ever international identity fraud
  • A and Others Bradford Crown Court, 2011 trial of police officer accused of fraud
  • F and OthersSouthwark 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

He is regularly instructed in judicial review proceedings related to criminal law. His recent cases include:

  • GR v WPZDivisional Court, 2014, judicial review of decision of CPS not to intervene in a private prosecution
  • AKDivisional Court, 2013, judicial review of decision of the CCRC

International Crime

Tim has extensive knowledge of International Humanitarian Law, including its relationship with domestic law. He appeared before the Supreme Court 2013 in the leading case on 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 [2014] 1 Cr. App. R. 14]).

Tim is also regularly involved in international training of lawyers on issues of terrorism and human rights for organisations including the United Nations Office for Drugs and Crime.

He also has a special interest in international maritime piracy, having written and been consulted on the subject on numerous occasions. He is acting in litigation on the transfer of pirate detainees to the Seychelles. He regularly delivers 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’.

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.

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