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Home  >  Barristers  >  Joseph Giret QC
 
Joseph Giret QC

Call: 1985   Silk: 2010
Education: Warwick University, LLB

Practice Summary

  • Specialist Defence Crime
  • Fraud & Regulatory
  • Sport
  • Military Law
  • Regulatory and Disciplinary
  • General Crime
 

Memberships

  • Association of Military Court Advocates
  • Association of Regulatory & Disciplinary Lawyers
  • Bar Council Pro Bono unit
  • British Association for Sport & Law
  • Criminal Bar Association
  • South Eastern Circuit
 
   

Joseph is an extremely adept and approachable newly appointed Silk, who relishes challenges. He practices in all areas of complex and high profile criminal defence, regulatory, sports and military work.



His most recent significant and high profile appearances are:



  • Leading counsel in two high profile double murder trials at the Central Criminal Court, where both of his clients were acquitted following trial proceedings which involved complex and detailed cross examination, extensive legal arguments to the Old Bailey trial judge and successful submissions in law thereafter to the Court of Appeal ['The Chicken Cottage Murders']

  • Acted on behalf of one defendant in the 'Liquid Bombs Plot Heathrow Bombs Plot'. In these proceedings, which went to a retrial and now a second retrial following the first jury's inability to return verdicts on the central conspiracy to murder charges, Joseph's client remains unconvicted on the central 'conspiracy to blow up aircraft' charges, while others labelled the 'ring leaders' [A.A and others] were convicted.


A specialist in Military Law, Joseph regularly practises Army Courts Martial work in this country and abroad; he played a leading role when representing the first defendant in what was the first case of alleged abuse of Iraqi civilians by the military to come to trial, in Osnabruck, Germany known as the 'Bread Basket/ Abuse of Iraqi Civilians by the Military' case. This trial received world wide publicity and was reported daily in newspapers all over the world.



He also maintains a practice in regulatory work, regularly appearing on behalf of pharmacists and doctors at the Royal Pharmaceutical Society and the General Medical Council.



Joseph has involvement with several sports organisations and also practices as a sports lawyer regularly giving talks to sporting organisations.



He is a Trainer with the Bar Council in relation to Equality and Diversity issues, and is an accredited member of the Bar Pro Bono Unit, offering assistance to people who would otherwise be denied access to justice. He is able to offer his services direct to the public through the 'Public Access' (Licensed Access) scheme as an accredited practitioner.

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Cases

R v Errol Clarke 2009. Murder allegation and several related robbery charges. Led by Baroness Helena Kennedy QC. Issues of fact and identification were entwined with the legal jurisprudence and doctrine of 'similar fact'.



R v Arafat Khan and others 2009. The first re-trial of the 'Liquid Bombs Plot/ Heathrow Bombs Plot'. The trial judge was The Honourable Mr Justice Henriques. The result was a verdict of not guilty to the main murder and conspiracy count, the jury being unable to agree, for a second time, on the remaining count of murder.



Doctor U General Medical Council Proceedings 2008. Doctor U had been suspended following the revelation that he had been taking controlled drugs for recreational use. His practicing certificate following this hearing was reinstated, the council being satisfied that Doctor U had put this behind him and was now fit to practice once again.



R v Arafat Khan and others 2008. Conspiracy to murder by causing simultaneous explosions on North America bound aircraft, also known as the 'Liquid Bombs Plot/ Heathrow Bombs Plot'. Led by Helena Kennedy QC. This was a high profile terrorist trial with 8 defendants. Joseph undertook all of the preparation and cross examined the same number of witnesses as his leader, one in particular requiring forensic skills to match those of the computer expert he was successful in cross examining. The trial lasted from April to September, and beyond, involving legal argument that Joseph prepared for hearing in mid December 2008, arguing that there should not be a re-trial by reason of the 'tsunami' of press reporting that followed by the hung jury's discharge, and the incurable abuse of the proceedings as a direct result. The trial judge was Calvert Smith J.



R v Bilal Kayani 2007. The same trial as below. Joseph was retained by a third defendant following the defendant's decision to dispense with the services of his leading counsel in the third week of trial. The decision to instruct Joseph came about as a result of defendant's confidence in Joseph's abilities having seen him in action at the start of the trial and representations from his family who had similarly been impressed. The defendant was acquitted following a most extraordinary development in the proceedings: the key witnesses for the prosecution, it had been established following an adjournment for the matter to be investigated, had been in collusion. The trial judge [HHJ Moss QC] ruled that the evidence had become 'irredeemably tainted' and terminated the proceedings. This decision was appealed by the prosecution and the CA judges commented, refusing the prosecution application to overturn the judge's ruling, that this had been a novel point and none had any experience of it before. This led in turn to the convictions obtained in the first trial to be overturned.



R v Kurum Khan 2007. The Tooting 'Chicken Cottage' murder trial. D charged with the murder of two people, and tried with 4 others. This was a follow on trial of the other 8 defendants most of whom were convicted, which convictions were overturned on account of other developments [see above]. Co-defending with two other silks. The prosecution alleged that this was inter-gang rivalry. Acquitted on second day of trial following successful representations to the prosecution in the form of an expanded Defence Case Settlement.



R v WO2 D 2006. A government corruption case in the Army Courts Martial system. This trial had its origins in Al Ammarra, in Iraq. The defendant was a Colour Sergeant Major who had been tasked to oversee a £5m rebuild of the infrastructure of this region of Iraq (schools and police stations, etc.) He was charged under the Prevention of Corruption Acts of 1906 and 1916. In the later stages of the trial, Colin Nichol QC, an expert commentator on the Law of Corruption, the co-author of the leading text 'Corruption and Misuse of Public Office', was brought in to the case to assist and add weight to the complex legal arguments. The outcome was a success, and involved setting the scene for the military board to consider the non disclosure of a cash payment to the defendant, and explanation that at this time the defendant was located in a war zone in Al Amarah, and was being shelled and mortared at this time by the enemy 'insurgents'.



R v L Corporal K - the 'Bread Basket/ Abuse of Iraqi Civilians by the military' case 2005. This trial received worldwide attention, the subject matter being best illustrated by the photo shown in the newspapers depicting an Iraqi male suspended on the tines of a fork lift truck. The speeches were reported on Sky News contemporaneously with the trial and verbatim. Joseph represented the most senior of the NCO defendants. Corporal Kenyon was acquitted of several charges following representations made at the close of the prosecution case.



R v R A 2005. Murder trial at the Old Bailey; an 'honour killing' of a Moslem woman; led by Walter Aylen QC.



R v Mohamed Kazem and others, Trial Two 2001. Retrial. The defendant, with all the other co-defendants was convicted. However the trial judge [Jowett J] had misdirected the jury on the Law of Duress. The conviction was subsequently followed by a successful appeal in the High Court of Justice, Criminal Division. Joseph was the leading junior in this re-trial.



R v Mohamed Kazem and others 2001, the 'Stansted Airport Hijacking' case, Trial One. Led by Adrian Fulford QC. This case involved 14 Afghanistan nationals who hijacked an airplane in Kabul, bringing it to Stansted via Moscow. The political dimension was huge. The first trial judge was Mr Justice Butterfield. The defence was duress of circumstances, and following the retrial before Mr Justice Jowett, the conviction was successfully appealed on the basis that this trial judge misinterpreted the Law of Duress.



R v A 2001. Double muder trial at the Old Bailey, led by Dame Helena Kennedy QC.



R v A M 2000. Murder trial at the Old Bailey, led by N. Valios QC.



R v S F 2000. Armed robbery x 14 counts covering a 2 year period. At Southampton Crown Court. One of the first cases to use forensic facial mapping as evidence of identification. Case depended on interesting 'similar fact' legal argument.



R v W B 1999. Double murder trial at the Old Bailey, led by Vivian Robinson QC.



R v R O 1999. Massive cocaine importation from South Africa, featuring five defendants. Tried at Southampton Crown Court; led by N. Valios QC.



R v I P 1998. Conspiracy to kidnap and blackmail at Middlesex Crown Court.



R v P M 1998. Conspiracy to murder at Nottinham Crown Court. This was an interesting contract to cause GBH that went wrong. Co-defendant, represented by QC, convicted of manslaughter.



R v A H 1998. Conspiracy between six defendants to import heroin from Poland. Tried at Canterbury Crown Court; led by N. Valios QC.



R v P P and others 1997. Armed robbery and conspiracy to steal and handle stolen bonds. Tried at Snaresbrook Crown Court; led by N. Valios QC. An extraordinary case involving five defendants in which the police relied on covert audio surveillance. Amongst other related indictments were conspiracy to murder and dispose of the body. The above defendant was a former CID officer.



R v R B 1996. Large scale fraud on the general public by eight defendants, selling non-existent furniture at hotels and exhibition centres.



R v D and D H 1995. Companies Act offences relating to a £2 million fraud perpetrated on a company by a former employee and company secretary, together with various alleged false accounting offences.



R v M B 1994. Conspiracy between six defendants to manufacture several million of pounds worth of amphetamine sulphate.



R v M C 1993. A case involving seven defendants charged with hijacking of lorries and a conspiracy to handle the contraband contents.



R v A H 1992. Conspiracy between four defendants to manufacture amphetamine sulphate in a homemade laboratory.



R v T W 1991. Four defendant murder trial at the Old Bailey; led by Nigel Salts QC.



R v C B 1990. Conspiracy between five defendants to produce counterfeit currency on a large scale; lef by Nigel Salts QC.



R v D N 1989. Fraud on NHS; led by Michael Beckman QC.



R v J and others 1988. 6 month trial, involving eight defendants; led by Nigel Salts QC in one of the largest cocaine importations uncovered at that time. Jump jockey Alan McKay was involved, using horse racing in Trinidad as a cover.



R v S and others 1987. 6 month trial of seven defendants charged with large scale cannabis importation. Tried at Old Bailey; led by Michael Wolkind QC.

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Interests

Joseph has in the past been a keen rugby player having gained three England caps in Rugby Union at schoolboy level and captained Middlesex and London Counties at the same level. He is also a past member of the British Decathalon Squad.



A qualified 'Yacht Master - Ocean' with a commercial endorsement, since 1988, he has crossed the Atlantic in a sailboat twice. He owns a yacht and is a member of the 'Company of Watermen and Lightermen', through which he is also a 'Freeman of the City of London'.



He is a fairweather sculler on the River Thames and a member of the Leander and Upper Thames Rowing Clubs.



Fanatical cyclist and follower of the Tour de France, he is a member of the Archer Road Club. He has a passion for motorsports and has had a number of campaigns in historic Formula single seater and sportscar events. Has held an RACMSA International Racing Driver's Licence.

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  Joseph Giret QC
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  Fraud & Regulatory
Sport
Regulatory and Disciplinary
General Crime
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