Khan & Ors, R. v [2016] EW Misc B43 (CrownC) (29 November 2016)

Khan & Ors, R. v [2016] EW Misc B43 (CrownC) (29 November 2016)

There is no proper basis in law or fact for the defence's allegations of bad faith or abuse of process against prosecution counsel; the court has clear power under the Criminal Procedure Rules and CPIA 1996 to require skeleton arguments and make pre-trial rulings; the application for recusal is refused as the requirements for judicial bias are not met.

Citation
[2016] EW Misc B43 (CrownC)
Parties
Prosecution: Regina; Defendant: Fazal Eliahi Khan; Defendant: Asif Iqbal; Defendant: Haroon Khaliq; Defendant: Usman Ali; Defendant: Pier Zada Khan; Defendant: Mohammed Ahmed
Jurisdiction
England and Wales
Judgment Date
29 November 2016
Procedural Posture
Criminal / Pre Trial Ruling on Recusal and Abuse of Process Applications
Outcome
Defence applications for recusal and to pursue abuse of process arguments against prosecution counsel refused.
Legal Topics
Abuse of Process, Judicial Recusal, Case Management, Professional Conduct
Criminal Law Judicial Conduct Abuse of Process Judicial Recusal Case Management Professional Conduct

Case Brief

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Parties

Regina

Prosecution

Fazal Eliahi Khan

Defendant

Asif Iqbal

Defendant

Haroon Khaliq

Defendant

Usman Ali

Defendant

Pier Zada Khan

Defendant

Mohammed Ahmed

Defendant

Procedural Posture

Criminal / Pre Trial Ruling on Recusal and Abuse of Process Applications

Legal Issues

  1. 1 Whether the judge should recuse himself for alleged bias
  2. 2 Whether the court has power to make pre-trial rulings on abuse of process arguments
  3. 3 Whether the defence can pursue abuse of process arguments alleging bad faith by prosecution counsel

Ratio Decidendi

There is no proper basis in law or fact for the defence's allegations of bad faith or abuse of process against prosecution counsel; the court has clear power under the Criminal Procedure Rules and CPIA 1996 to require skeleton arguments and make pre-trial rulings; the application for recusal is refused as the requirements for judicial bias are not met.

Court Disposition

Defence applications for recusal and to pursue abuse of process arguments against prosecution counsel refused.

Orders

  • Defence not entitled to raise abuse of process or bad faith arguments implicating Crown Counsel I-IV and/or junior counsel.
  • If defence seeks to re-open these arguments at trial, it will be for the trial judge to determine.