Share:

Rabah Kherbane and James Scobie KC represent client acquitted on murder and conspiracy to pervert the course of justice after two-month trial at the Old Bailey

Rabah Kherbane and James Scobie KC of Garden Court Chambers represented BC, a father of four, who was unanimously acquitted after a ten-week trial at the Central Criminal Court. BC, who struggles to read and write, was charged with the murder of a man in a flat in South London, and with the cover-up which unfolded over the next few days.

The Crown alleged that BC and another (‘SS’), who later fled to Jamaica, had together killed the deceased by beating him and then choking him to death. The Crown further alleged a sophisticated ploy whereby a ‘crisis centre’ was set up after the killing, and the plan to dispose of the body was carefully calibrated by a network of at least nine individuals (seven featured in this trial), including a designated ‘deposition team.’ This conspiracy to pervert the course of justice included the scrubbing of the crime scene, disposal of the deceased’s mobile phones, stripping his body, and the moving and disposal of his body by loading it into a black holdall bag and moving it to a communal bin storage in North London.

BC denied presence at the murder, and any involvement in a conspiracy to pervert the course of justice.

The Defence case involved:

  • Careful consideration and presentation of pathology and forensic evidence, including on the nature of the injuries sustained by the deceased, factors that may cause the heart to stop during asphyxia, and on possible unintended consequences of restraint moves such as a chokehold;

  • Detailed examination of the locked crime scene for clues as to what may have unfolded in the lead up to the death of the deceased;

  • Comprehensive cell site examination, including on complex aspects of cell site evidence, and detailed analysis of call data records, sequencing, and past patterns of usage;

  • Successful efforts to obtain medical records for SS, despite his lack of consent as he had fled to Jamaica to avoid prosecution, and the failure of the police to obtain these;

  • Significant legal arguments including to ward off cutthroat attempts during trial, and to admit into evidence vital background to both the deceased and the absent SS who had suffered a life-threatening injury in the past and had a background of PTSD;

  • Detailed engagement and instruction of experts in areas of pathology, cell site, a psychiatrist for a paper review of the absent SS’s medical records, and a psychologist given BC had a severe diagnosis of dyslexia; and

  • Given BC’s learning difficulties, the vast material relied upon by the prosecution during trial could not simply be handed to BC, but had to be read to him on an ongoing basis in the cells.

Rabah Kherbane and James Scobie KC of Garden Court Chambers were instructed by Vanessa Wiggins at Bark & Co Solicitors. As well as assisting in the conduct of the case at trial, Ms Wiggins undertook a site visit and detailed investigation of the local estate and parameter of the flat where the killing occurred to provide the jury with material vital to the Defence case.

The case was prosecuted by Senior and Junior Treasury Counsel.