Barrister David Matthew

David Matthew

Year of call: 1987  

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“An experienced advocate, very respected in the South Eastern circuit. Defendants always feel well represented.”

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Overview


David is listed in the 2015 Legal 500 as a leading junior in Fraud (Crime) including money laundering and asset forfeiture.

David prosecutes and defends in all kinds of criminal cases ranging from complex fraud to murders, rapes, drug offences, serious violence, Explosive Substances Act offences, firearms, harassment and all lesser offences. He frequently appears against silks and leads other juniors.

His Police work includes warrants and firearms licencing and he is instructed by police forces as “independent counsel” both to read for privilege and occasionally attending the execution of warrants. He acted for the Chief Constable in the leading case of Haralambous v Chief Constable of Hertfordshire [2016] EWHC 916 (Admin)

As an advocate he is instructed on inquests and sports disciplinary matters.

He maintains a mixed practice with some personal injury work. His exceptional experience as a jury advocate means that he is often instructed to appear at inquests to achieve the effective cross examination of witnesses both lay and expert in a way that juries follow and understand.

Complex Fraud Crime Public Law

Complex Fraud


David is listed in the 2015 Legal 500 as a leading junior in Fraud (Crime) including Money laundering and asset forfeiture.

David has prosecuted for the SFO and defended in complex fraud in the Very High Cost cases category.

Memberships


  • Fraud Lawyers Association

Money Laundering Restraint & Confiscation

Money Laundering


David successfully prosecuted the money launderers who had previously laundered cash for the Morecombe Bay cockle picking gang masters in 2009 and 2013.

Also in 2013 David used the Money Laundering Provisions to successfully prosecute unlicensed vehicle clamping. Prior to the Scrap Metal Acts he was involved in the use of POCA in scrap dealing cases, and is therefore alert to the difficulties of prosecution and unexpected defences available to what are essentially Handling Stolen Goods cases.

Restraint & Confiscation


Both restraint and subsequent confiscations are a routine part of David’s fraud work. This area of work of course overlaps with David’s defence and prosecution of drugs importers and suppliers and those active in other profitable crimes.

As junior prosecuting counsel he advised the SFO on the division of the convicted defendants’ assets between victims of fraud and confiscation during the not always harmonious parallel civil recovery proceedings brought by victims of fraud, (4 Eng Ltd v Harper  [2008] EWHC 915 (Ch), [2009] Ch 91) a leading case on civil recovery heads of damage).

Complex Fraud Cases


  • R v Welcher [2007] EWCA Crim 480: A case that went to appeal principally on use of employers’ disciplinary interviews in criminal proceedings, which were properly deployed by the prosecution before the jury on this occasion, (but also concerning the effect of ‘a long and boring summing up’ by the Judge – a perennial fraud problem; appealable? Not this time).

Crime


David has practiced in all the criminal courts since 1987. He is a Grade 4 CPS Prosecutor, and is regularly instructed to prosecute or defend in the most serious criminal cases including murder, rape, explosive and firearms. He is frequently instructed by CPS Complex Casework Units (West Midlands; Thames Chiltern and East of England).

He is very approachable, whether working with a prosecution team or for clients he defends, willing to discuss and explain his view of the state of the case and what can be done.

He is qualified by the CPS as a Grade 4 sexual offences prosecutor. Conducts private prosecution (not least for RSPCA).

Criminal Bar Association


  • Criminal Bar Association

Crime Cases


  • R v Fountain, (2017) Stalking
  • R v Wilson (2017) Money laundering via solicitor’s firm
  • R v H (2016) rape with intermediaries for prosecution witnesses and defendants
  • R v Maciulis (2016) murder
  • R v Mongan (2016) conspiracy to commit aggravated burglary
  • R v Jivani (2016) importing “Mee Cat” drug.
  • R v Merrit (2016) Rapes of toddlers
  • R v Cojanu (2015) attempted murder
  • R v Kadir (2015) Rape by religious instructor
  • R v Flynn (2015) evidence from 3 year old
  • R v Woor (2015) explosive substances
  • R v Mozumder (2015) taxi driver and extremely drunk witness.
  • R v Yong (2015) Appeal on firearms
  • R v Crockford (2014): Serving paratrooper investigating nitroglycerine and in possession of sawn off shotguns.
  • R v Yong: Explosive Substances Act and firearms charges.
  • R v Dunkley & Kelly (2014): Murder with death three days after the assault; conflicting expert evidence on the effects of axonal injury and the causation of death.
  • R v Oakes (2013): Murder frenzied knife attack.
  • R v Rice [2013]; use of POCA to prosecute unlicensed car clamping.
  • R v Denton (2011): Use of POCA to prosecute scrap metal dealing with stolen goods.
  • R v Smith (2013): Attempted murder with shotguns; use of CJA 2003 hearsay provisions with absent/frightened witnesses.

Public Law


David is instructed on public law issues arising from police Search Warrants both in Judicial Review proceedings and the potentially related s59 CJPA Crown Court applications.

As a spin off from his criminal practice he advises on judicial reviews of Crown Prosecution Service decisions to take over and discontinue Private Prosecutions

David is regularly instructed as Independent Counsel, reviewing seized material for Legally Privileged and other Special Material. He has, for example, experience of the various classifications of privileged material, loss and waiver of privilege, and questions of joint or common privilege.  He has advised on what constitutes ‘journalistic material’ in the world of Facebook and blogging.  He has been instructed by the SFO, the Metropolitan Police and other forces.  David was instructed by the Metropolitan Police in the newspaper phone hacking investigation Operation Weeting and several of its off shoot operations (Kalmyk, Elveden, Pinetree etc.).  He is instructed to attend searches both on domestic and commercial premises.

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How to get in touch


For more information please contact our clerks by calling +44 (0) 20 7242 3555 or email: clerks@7br.co.uk.

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