Brian O’Neill KC

Private Prosecution

Brian’s expertise in criminal law and his very considerable experience prosecuting serious and complex criminal cases have led to a number of instructions in this area in which he both prosecutes and defends and also lectures.

Cases

MA v AD and NR

Appearance: Prosecution

A private prosecution brought by a Dubai based businessman against two UK nationals who were alleged to have defrauded him of approximately £1 million.

MT v SG

Appearance: Defence

SG, an Austrian businessman, was accused by MT (an Italian businessman with dual Swiss nationality) of a mezzanine finance fraud. The proceedings, which gave rise to a number of significant jurisdictional issues, were the subject of a successful application to the CPS to intervene and discontinue.

Euro Exim Bank Ltd v Wahab

Appearance: Prosecution

A private prosecution brought by a private bank against a former customer in respect of his attempts to defraud the bank of E50 million and blackmail senior officials in the bank.

G and T v L

Appearance: Defence

L was accused of numerous counts of ‘health and safety’ fraud relating to the provision of gas and electrical safety certificates in a private prosecution brought against him by G and T following a long running contractual dispute between their companies. Successful representations were made to the CPS to take over and discontinue a number of counts. At trial Brian’s client was acquitted of all of the remaining counts.

TSR and SRQ

Appearance: Defence

The defendants, two senior professionals in the financial services industry, were accused of fraud by the daughter of one of their clients following a long running family dispute. The matter was the subject of successful representations to the CPS to take over the case and discontinue the proceedings.

Thereafter the defendants successfully recovered all of their costs against the private prosecutor following a fully contested hearing.

QOP

Appearance: Prosecution

Advising a financial services company on the merits of a private prosecution in respect of allegations of fraud by a former senior employee and his wife following a series of civil suits.