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Anand Beharrylal QC leads Tomas McGarvey in successful defence to Murder

Cases 1 Feb 22

Anand Beharrylal QC leading Tomas McGarvey and instructed by Max Anwar of McCormacks Law successfully represented a defendant who the prosecution described as being the impetus behind a violent gang attack, securing an acquittal on the charge of murder.

The prosecution evidence involved clear CCTV, audio and compelling eye-witness evidence. The evidence was challenged in cross-examination with a view to showing that the defendant, although involved in the chase whilst armed with a machete, did not form the necessary intent for murder. The case was complicated by the fact that the defendant’s mother was also on trial for murder, the case against her being that she had called the defendant and organised the attack. The case also involved bad character evidence relating to gang involvement, including drill lyrics and music videos. The prosecution alleged that the defendant was a gang elder who recruited and gathered others, asked them to arm themselves, ultimately leading to the violent murder of a rival gang member.

The defence, through careful cross-examination of the prosecution witnesses and co-defendants, adduced evidence to support an alternative narrative to the case and provide a reasonable explanation for the defendant’s actions; one that had nothing to do with gang activity and nothing to do with an intention to kill or cause grievous bodily harm to anyone. 

At the conclusion of the evidence, the defence successfully argued that the jury ought to be offered the alternative of manslaughter when considering the defendant’s case. Following several weeks of deliberations, the jury returned verdicts of guilty to murder for three co-defendants (including the defendant’s mother) and a verdict of not guilty to murder, guilty of manslaughter for the defendant. 

Anand has extensive experience and expertise in dealing with homicide cases, joint enterprise and gang violence. Tomas is an experienced junior with extensive experience of dealing with cases involving gang activity and serious violence.

For further information click here / here.

Cases | 1 Feb 22

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