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David Young

David Young

Call: 1986

David is a highly experienced Barrister, who has consistently defended in high profile complex criminal trials. He provides strong representation to his clients both nationally, and internationally where he practices mainly in The Hague. In the UK he has defended in cases across the whole spectrum of criminal and regulatory offences. His defence work includes murder, terrorism and organised crime [drug trafficking, armed robbery, and serious violence], and he advises and defends in Serious Fraud and Regulatory cases.

 

 

 

 


Crime

  • NCA investigation (2015-2017). Advising a client who the subject of a NCA corruption investigation.
  • SFO investigation (2015) Advised international law firm on defence issues relating to a SFO investigation.
  • British Boxing Board of Control v B & others (2015). Representing Boxing promoters, managers and boxers in disciplinary proceedings.
  • R v A. (2015). Successfully defending in mortgage fraud proceedings.
  • RSW v S (2015). Successfully defending an Environmental law prosecution against a Company Director.

Cases before 2012 (when David moved to The Hague) include:

  • R v Donnan Leading defence junior in a £35m MTIC/money laundering fraud. Contested £12m POCA proceedings.
  • R v A Successfully defended as Leading Junior an accountant indicted for an alleged £14m conspiracy to defraud in a Ponzi case.
  • R v B Sucessfully defended a company director on a major VAT fraud.
  • R v Suresh Kumar Leading junior defending a politician on corruption charges following a fake sheikh undercover sting operation.
  • R v Davis Defence of murder by shooting involving witness anonymity.
  • R v D and others Defended £64m importation of Columbian cocaine (then the largest seizure) landed by boat. Following a successful appeal, after a trial and re-trial, the proceedings were successfully stayed as an abuse of process.
  • R v Kholi Defence of the murder of an 18 year old girl, who had been kidnapped and raped. Kholi was extradited to the UK from India.
  • R.v Jetmir Bucpapa Defended appeal against sentence for involvement in £53m Securitas Depot armed robbery in Kent, the UK’s largest armed robbery. Appeal allowed in part.
  • R v A and others. Successfully defended a ‘no body’ murder case. Client had been accused of luring the victim to a house where he was tortured, killed, and dismembered: only the victim’s thumb was found.
  • R v E. Successfully defended a multiple rape and kidnap relating to two complainants.
  • R v A Defended a conspiracy to supply several tonnes of cannabis. Acquitted.
  • R.v. R Defended an Essex gangland conspiracy to supply ecstasy.
  • R.v. B Defended kidnap, torture and firearms offences. Client acquitted on identification arguments.
  • R v Ramezanzadeh. Defended 12 armed robberies and an armed hostage siege in central London. Successfully resisted substantial confiscation claim on technical POCA arguments.

International Representation

International Criminal LawExtraditionAssociated International Legal Work

In 2010 David was instructed as a legal consultant by the Defence Office of the Special Tribunal for the Lebanon for the purposes of a mission to Beirut. From 2012 to date he has been lead Defence Counsel before The Special Tribunal for Lebanon based in The Hague.

  • Prosecutor v Ayyash and others (2011-2017) Assigned lead counsel for Assad Sabra, one of five alleged Hezbollah supporters accused of involvement in the assassination of Rafik Hariri (the former Prime Minister of Lebanon) with high explosives. He was also charged with conspiracy to commit a terrorist act, the pre-meditated intentional homicide of 22 persons, and the attempted homicide of 231 others. David leads a multi-lingual defence team of respected international criminal lawyers, and has challenged both the legality of the Tribunal, and its decision to hold a trial in absentia. The proceedings are unique in international criminal law: the court has been said to be the first International Tribunal to preside over an international terrorism case. The trial started on 16 January 2014 and continues to date. The court works in Arabic, French and English.
  • Prosecutor v Ali Adorus (2014-2015) Advised as a consultant member of an international defence team. The accused faced allegations of terrorism in relation to events in Ethiopia, Kenya and Somalia, resulting in in communications and petitions to the UN Human Rights Committee and the UN Rapporteur on Torture. In March 2015 the UN upheld a defence complaint against the Government of Ethiopia in relation to the allegation of torture.

David also has considerable experience of defending major terrorist trials in the UK, which have involved international law issues. See below:

  • R v L (2008-2009) Successfully defended first prosecution of Tamil Tiger related terrorism in the UK and first under s.12 Terrorism Act 2000.The defence made a successful pre-trial interlocutory appeal and the prosecution elected not to proceed. The decision is a guideline judgement on the timing of AG’s consents to prosecute: [2009] EWCA Crim 700.
  • Secretary of State v JK (2009) Successfully represented a SIAC case against the Secretary of State for the Home Department. Client was one of a number of young Pakistani nationals in Manchester and Liverpool arrested in Operation Pathway relating to the Terrorism Act 2000. Proceedings him on grounds of national security were discharged and he was released from custody.
  • R v Khan (2008-2009) Defended the principal defendant accused of organising and maintaining an Al Qaida website and seeking to recruit terrorists for Pakistan terror training camps and suicide missions. He had originally been linked to a 16 strong alleged Al Qaida group operating in North America, who were initially accused of plotting to assassinate the Canadian Prime Minister. He was said to have possessed the largest electronic collection of terrorist materials ever found by the UK’s anti-terrorist squad.
  • R v SF & others (2003- 2005) Led junior in successful defence of 9 month conspiracy to murder as part of an Algerian terrorist cell. The defendant’s premises had allegedly been used to prepare and produce Ricin poison. The case was said to be the first in the UK’s ‘war on terror’, in part because the principal defendant, Kamel Bourgass (an alleged Al Qaida member) was said to have murdered DC Steven Oakes.
  • R v Safi & others (2000-2002) Defended an Afghan hijacker in both Old Bailey trials (junior acting alone in the second trial). The armed hijackers were members of an underground Afghani pro-democracy group during the Taliban rule, and had diverted the plane from Afghanistan to England via Russia, culminating in the longest ever hostage siege (at Stansted). The client’s defence was duress of circumstance. He successfully appealed to the Court of Appeal on the grounds that the jury were misdirected on the law of duress of circumstance.

Iqtidar Dara v Germany (2009) Junior counsel in High Court extradition appeal of an appellant wanted under a European Arrest Warrant for allegedly exporting the component parts of a nuclear weapon to Pakistan.

  • Re-elected to the Executive Council of The International Criminal Court Bar Association, Hague: 2017
  • Fundamentals on Defence Rights before International Courts, The Siracusa International Institute, Sicily, Speaker 2017
  • Kosovan Bar Association, Pristina: training conference for lawyers on practice before the international courts: Speaker 2017
  • 4th Meeting of Defence Offices at the International Criminal Courts, Middle Temple: Speaker, 2016
  • Elected to the Executive Council Committee for the new International Criminal Court Bar Association by the ICC list Counsel, Hague: 2016
  • 3rd Meeting of the International Defence Offices in Geneva: Geneva Bar and the University of Geneva: 2015
  • Lecturing with Emile Aoun at Universite de Paris 2, Pantheon-Assas, on the practice of ICL, before the ICL masters students of Professor Olivier de Frouville, Professor of International Law at Paris 2: 2015
  • 2015- Second Meeting of the Defence Offices for the International Courts at the Peace Palace, Moderator, The Hague
  • Abuse of Process in criminal proceedings (Bloomsbury ) 4th ed. (2014) co-authoR (The work includes the first published chapter on abuse of process before the International criminal courts.)
  • Special Tribunal for Lebanon- Challenges for the Defence’: CBA Seminar, Inner Temple 2013 Speaker with Maitre Francois Roux
  • Speaker at the Annual Conference of the International Criminal Defence Lawyers of Germany in Berlin: 2013
  • “Revolution in the air” Panellist at Chatham House Conference on the Arab Spring, 2012
  • Speaker at the Beirut Bar Association, Beirut, on behalf of the Special Tribunal for Lebanon’s Defence Office: 2010
  • Speaker at the Association of Sri Lankan Lawyers Conference on International Criminal Law: 2010
  • CBA representative to the Bar Council’s International Committee: 2008-2010
  • Organised the first CBA Conference on the International Criminal Court: 2007
  • The State’s Reaction to Terrorism; A Tripartite Comparison: 2006 co-organiser with German and French Embassies, DAAD, UCL, Kings College London, and L’Institut Francais
  • CBA Response to the Home Office’s Draft Code of Practice for the Terrorism Act 2000: 2006: CBA working party member;
  • 2005- Member of UK’s Team of Barristers at The International Moot Court in The Hague;
  • 2003-2007 Member Bar European Group Committee ;
  • 2002- Speaker at The Bar Conference on ‘European Criminal Law’, London;
  • 2001- Speaker at ‘L’Ecole Nationale de la Magistrature’, Paris, for the Bar Council of England and Wales;

 

Publications, Lectures and Training

Abuse of Process in Criminal Proceedings, Bloomsbury Professional, 4th edition (2014) co-author


Education

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BA Hons, LLM London University

 

 

Professional Appointments

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The Bar European Committee (2003-2007)

Bar Council’s International Committee (2008- 2010)

Bar Human Rights Committee (2016)

International Criminal Court Bar Association Executive Council (2016-2017)Criminal Bar Association Committee (2007-2010)

Member of the Bar Council’s International Committee (2008- 2010)

Bar Human Rights Committee of England and Wales (2016)

International Criminal Court Bar Association Executive Council (2016)

International Criminal Court list of Defence Counsel, The Hague

Languages

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French