JUSTICE ON STRIKE
Fraud cases in crisis as PM’s barrister brother leads war over legal aid cuts
SERIOUS fraud prosecutions have been left in crisis after a judge ruled that cuts to legal aid meant a major trial could not go ahead.
The high-profile fraud case was thrown out yesterday when David Cameron’s lawyer brother argued that the defendants could not get a fair trial as a result of government cuts.
Alex Cameron QC persuaded a judge that the prosecution – involving more than 100 victims, including vulnerable and elderly people who lost their life savings – should not be heard.
He said legal aid cuts meant there was not enough funding to hire lawyers with the expertise to properly defend those accused of the £5million fraud.
The involvement of 50-year-old crime specialist Mr Cameron, reputed to be among the highestearning barristers in the country, infuriated his brother’s colleagues.
The QC has offered to work on the case for free after leading lawyers refused to represent the defendants under the new legal aid rates, introduced by Justice Secretary Chris Grayling in an attempt to rein in the vast taxpayer-funded budget.
Judge Anthony Leonard told Southwark Crown Court that there was no prospect of a fair trial as the defence had made ‘substantial but unsuccessful’ efforts to find barristers willing to represent the defendants.
In their search for suitable legal representation, the defence team contacted around 70 barristers’ chambers – with the one lawyer who put himself forward withdrawing in January.
Barristers were able to successfully argue that allowing the defendants to represent themselves would be a breach of their human rights and the judge refused to adjourn the trial, claiming that there was ‘no realistic prospect’ a suitable lawyer would be available in future to take up the complex fraud case.
Whitehall sources reacted with fury to the decision. They pointed out that even after cuts to the legal aid budget – which have seen payments reduced by as much as 30 per cent – a lawyer taking on the case would still have scooped around £100,000 in taxpayer funding.
And industry sources said the ruling would leave the country’s most serious fraudsters ‘rubbing their hands in glee’. One investigator said: ‘The implications of this are huge. These cases are the result of years of work, in which millions of pounds have already been spent on investigation and court costs.
‘That is not to mention the hundreds of victims, many of them elderly and vulnerable, who will never see any of their life savings again.’
They added: ‘Suspects will look at this decision as a challenge – that
‘The implications of this are huge’
they must make their frauds as big and complex as possible to give them a chance of escaping prosecution.’
The case which collapsed yesterday involved allegations of a type of fraud known as ‘land banking’, in which worthless plots of land are sold on the pretence that the area is about to be developed and will see its value rise. The Financial Conduct Authority, which brought the case, said it was considering an appeal.
But the judge’s shock decision raises the prospect that up to ten other major fraud trials could be halted or dropped. At the moment, up to 20 very high- cost cases are being brought by authorities. These include at least 13 cases in which a defendant has not been able to obtain legal representation.
Labour’s justice spokesman Sadiq Khan said he knew of eight more complex cases where barristers could not be found. He added: ‘This case alone has cost the taxpayer tens of thousands of pounds and justice has not been done.’ However the Prime Minister defended his brother’s actions, saying: ‘My brother made an argument on behalf of his clients and the judge has made a decision. That’s the process, that’s the way it should be.’