Brian O’Neill QC Secures Acquittal of Austrian Financier in Privately Prosecuted Fraud
Brian O’Neill QC has secured the acquittal of SG, an Austrian investment banker, who was facing an allegation of defrauding MT an Italian investor with residency in Switzerland of Euros 250K.
Despite the matters complained of having taken place in Austria, Switzerland, Luxembourg and Ireland, MT chose to commence criminal proceedings by way of a private prosecution in the Westminster Magistrates’ Court where a District Judge was persuaded on an ex parte hearing to issue a summons.
On 26th February the matter was listed before the same DJ on a defence inter partes hearing to have the summons withdrawn and the proceedings stayed as an abuse of the process of the court.
Just two hours before the hearing was due to start the CPS, who had been petitioned to intervene and discontinue, did just that bringing the case to an end before the court had an opportunity to rule on the defence submissions on jurisdiction.