Rabah Kherbane’s client acquitted of attempt murder at the Old Bailey
Rabah Kherbane was instructed as sole counsel to represent JG, charged with attempted murder and firearms offences on 29 December 2019.
JG was the second defendant on the indictment, and father of the first defendant, FG. Along with three others, they were accused of a joint attack using a firearm on the complainant, EW.
EW’s complaint led to a large-scale operation in South East London on the night of 8 April 2020, involving more than 65 Counter Terrorist Specialist Firearms Officers.
JG was arrested during this police operation. The operation was widely reported, and saw children as young as 11 years old detained in zip-locks by CTSFO officers. No firearms or weapons were found.
EW was a highly suspect prosecution witness. The Defence asserted his account to the police was false, and had been deliberately fabricated to frame JG and his son. There was reason to believe EW had concealed the identity of his true assailants.
Through careful analysis of the case and the significant unused material served, Rabah lodged a detailed, multifaceted application under Section 8 of the Criminal Investigations and Procedure Act 1996 for further inquiries and disclosure to be undertaken.
In his application, Rabah indicated that, ‘In all the circumstances, it is extraordinary that the Crown is able to call EW as a witness of truth... The importance of full and anxious disclosure, and all appropriate inquiries being comprehensively explored by the Crown in respect of EW, is heightened in this case.’
Rabah’s application was lodged on 1 November, having been recently instructed in the case, with the four-week trial listed to start on 8 November.
On 3 November, the Crown Prosecution Service wrote to the Court to confirm that, ‘following a further review of this case it is no longer considered that there is a realistic prospect of conviction in respect of all defendants on all counts.’
On the afternoon of 4 November, at a hearing in the Central Criminal Court previously reserved for disclosure arguments, the prosecution formally offered no evidence against all defendants on all counts.
Not Guilty verdicts were entered for JG.
Rabah was instructed by Sharon Toor at Metro Law Solicitors.