Brian O’Neill QC

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 are alleged to have defrauded him of approximately £1 million.  The matter is currently pending before the Court of Appeal.

MT v SG

Appearance: Defence

SG, an Austrian businessman, is accused by MT (an Italian businessman with dual Swiss nationality) of a mezzanine finance fraud. The proceedings, which have given rise to a number of significant jurisdictional issues, have been the subject of a successful application to the CPS to intervene and discontinue. The private prosecutor is presently attempting to judicially review the CPS’ decision.

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 to the CPS resulted in half the charges being taken over and discontinued. The subsequent trial resulted in a hung jury. Thereafter, following further submissions, the private prosecutors offered no evidence.

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 prosecuted privately and 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.