Khalisadar v R.

Khalisadar v R.

Even if there were procedural irregularities or lack of candour by police officers, the conduct did not amount to gross misconduct sufficient to justify quashing the conviction or staying the proceedings. The involvement of counter terrorism officers and the failure to caution alibi witnesses did not render the proceedings unfair or violate Article 6 rights.

Parties
Appellant: Abdul Mukim Khalisadar; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
11 February 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Judgment
Outcome
appeal and application for leave to appeal dismissed
Legal Topics
Rape, Conspiracy to Pervert the Course of Justice, Police Misconduct, Search and Seizure, Right to Fair Trial, Article 6 ECHR
Criminal Law Rape Conspiracy to Pervert the Course of Justice Police Misconduct Search and Seizure Right to Fair Trial Article 6 ECHR

Case Brief

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Parties

Abdul Mukim Khalisadar

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Judgment

Legal Issues

  1. 1 Whether alleged police misconduct amounted to gross misbehaviour justifying quashing the conviction
  2. 2 Whether failure to caution alibi witnesses constituted gross misconduct
  3. 3 Whether the involvement of counter terrorism officers was improper

Ratio Decidendi

Even if there were procedural irregularities or lack of candour by police officers, the conduct did not amount to gross misconduct sufficient to justify quashing the conviction or staying the proceedings. The involvement of counter terrorism officers and the failure to caution alibi witnesses did not render the proceedings unfair or violate Article 6 rights.

Court Disposition

appeal and application for leave to appeal dismissed