Pump Court

Anand Beharrylal KC and Kevin Toomey successfully defend man charged with murder

Cases 23 Mar 23

Anand Beharrylal KC and Kevin Toomey, instructed by Chris Holt of THB Solicitors, successfully represented a defendant charged with murder who was alleged to have left home looking for a man with whom he had exchanged threatening messages arising from unwanted messages sent to a member of the man’s family.

The prosecution evidence was substantial, including CCTV, audio/social media messages, phone/call data records, pathology evidence, hearsay, character evidence and psychiatric evidence.

Through careful review of the prosecution evidence and cross-examination of the prosecution witnesses, Anand and Kevin developed an alternative narrative to the case, providing a reasonable explanation for the defendant’s actions by showing that he was the intended target of planned and organised ambush by the man accompanied by a group of 4-5 men (involving his location being tracked down and attempts made to run him over with two separate cars and to attack him with a baseball bat). Any intention to kill the man was disputed. The defence case involved lack of intent/self-defence and alternatively diminished responsibility due to mental illness (he was diagnosed with treatment resistant paranoid schizophrenia).

Following several days of deliberations, the jury returned verdicts of not guilty of murder and guilty of manslaughter by diminished responsibility for the defendant by majority. The defendant was subsequently sentenced to a hospital order with restriction under the Mental Health Act 1983 for the treatment of his mental illness.

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Cases | 23 Mar 23

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