FERGUS MALONE

 

Called : 1998

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AREAS OF PRACTICE

Fergus is instructed in a wide range of criminal defence work including: fraud; serious violent offences up to and including murder; serious sexual offences and drugs crime. He has specialist experience in road traffic accidents where death or very serious injuries occur.

He is well liked by Instructing Solicitors and clients alike and is respected for his direct and no nonsense approach with clients. He is known for his perseverance and seeing cases through to the end. As one of his clients said recently:
I was extremely impressed with his representation even when we lost the first trial. On the day the jury convicted me, he told me I had had an unfair trial and that he was going to appeal it. He did and was there with me when he won my case in the Court of Appeal. What’s more he came back and dug me out of the corner I was in on the re-trial. This time, he won the case before the jury and I got to go home!

He is highly regarded for his clinical approach to many of his trials where he hones in on a key point and hammers it home.

Below are some of his recent cases.

NOTABLE CASES

Cases 2010–11

Fraud

R-v-A: A sophisticated passport fraud in obtaining British passports from the London passport office. Case involved a wider investigation involving a number of British Embassies overseas. The defendant was found not guilty by a jury on all counts.

R-v-G: A benefit fraud (housing benefit and incapacity benefit) committed over a 5 year period. The defendant was found not guilty by a jury on all counts.

R-v- D and another: A £200,000 fraud. Here the company’s bookkeeper was jointly charged with one of the directors of defrauding the company. The defendant was found not guilty by a jury on all counts.

Arson and Murder

R-v-W: Arson. An incident where one neighbour tried to burn down his next door neighbour’s property. Trial collapsed at half-time on a technical argument on the issue of whether there was actual damage. The defendant was found not guilty by a jury on the Judge’s direction.

R-v-W: Arson and murder. The defendant was alleged to have murdered her husband and to have burnt the family house down. Issues of loss of self-control and diminished responsibility. The jury was discharged for legal reasons.

Violence

R-v-M: Incident outside an east London nightclub where the defendant was alleged to have assaulted five bouncers and a police officer. The defendant was found not guilty by a jury on all counts.

R-v-U: The defendant stabbed his psychiatrist. The defence was one of insanity. The jury found the defendant not guilty by reason of insanity.

R-v-O and another: A very serious s. 18—drugs punishment case—where the victim was stabbed at least 26 times. Having initially been convicted by a jury, the defendant’s conviction was overturned in the Court of Appeal because of a major misdirection, on the issue of the defendant’s good character. The Court granted a retrial because the two defendants were entitled to more. The defendant was found not guilty by a jury in the retrial.

R-v-W: Here the defendant allegedly threatened a bailiff in the middle of the street with a machete. The defendant was found not guilty by a jury.

Sex Crime

R-v-B: Rape. The rape allegedly occurred between two people known to each other.  The defendant was found not guilty by a jury.

Theft

R-v-K: A multi-defendant case in which the police had an ongoing investigation targeting thieves at Heathrow.  The defendant was caught in the sting. The defendant was found not guilty by a jury.

Employment Law

Fergus represents both employees and employers before the Employment Tribunal and Employment Appeal Tribunal. Cases include the whole range of Employment Disputes including unfair dismissal (all categories), discrimination etc. He is particularly adept at representing Employers against “difficult” employees.

Also, he represents employees in disciplinary proceedings. A recent case led to the immediate re-instatement of an employee at the conclusion of the disciplinary hearing.

Other expertise

Mental Health Law; Coroner’s Inquests; Contractual Disputes; Prison Law.

EDUCATION

He has a Masters degree in Biotechnological Law & Ethics where he was awarded the top Distinction by Sheffield University. He has a law degree (LLB Hons) from Hull University.

MEMBERSHIPS

He is a member of the Criminal Bar Association, Mind and Amnesty International.

OTHER INFORMATION

Fergus is Licensed to take Direct Access work.

CONTACT DETAILS

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