Atheer Al Rawe & Anor v R

Atheer Al Rawe & Anor v R

The judge's interventions during AR's evidence were so frequent, adversarial, and hostile that they compromised the fairness of the trial, rendering the convictions unsafe. Ellis's absence, though managed by video link and representation, was not sufficiently accommodated given the intertwined nature of the cases and the judge's disparagement of the defence. Both convictions are quashed and retrial is ordered.

Parties
Appellant: Atheer Al Rawe; Appellant: Clive Ellis; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
19 February 2026
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeals allowed, convictions quashed, retrial ordered
Legal Topics
Fair Trial, Judicial Intervention, Conspiracy to Commit Fraud, Conspiracy to Conceal Criminal Property, Absence of Defendant at Trial, Retrial
Criminal Law Fair Trial Judicial Intervention Conspiracy to Commit Fraud Conspiracy to Conceal Criminal Property Absence of Defendant at Trial Retrial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Atheer Al Rawe

Appellant

Clive Ellis

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's interventions rendered the trial unfair
  2. 2 Whether the absence of Clive Ellis due to health reasons compromised his right to a fair trial
  3. 3 Whether the convictions are unsafe due to judicial conduct and procedural irregularities

Ratio Decidendi

The judge's interventions during AR's evidence were so frequent, adversarial, and hostile that they compromised the fairness of the trial, rendering the convictions unsafe. Ellis's absence, though managed by video link and representation, was not sufficiently accommodated given the intertwined nature of the cases and the judge's disparagement of the defence. Both convictions are quashed and retrial is ordered.

Court Disposition

appeals allowed, convictions quashed, retrial ordered

Orders

  • Order a retrial on both counts
  • Direct that a fresh indictment be served within 28 days