Jonathan Kinnear QC

Jonathan Kinnear QC

"One of the brightest silks around ' he's very strong in court and has real charisma."

Chambers UK 2016
Year of call: 1994 (Northern Ireland 1996) QC: 2012
For enquiries please call: 020 7353 5324 or email vcard cv save

Criminal Prosecution - Public

Jonathan is a leading prosecutor in the area of fraud and financial crime and is instructed in the largest cases brought by the SFO and the specialist groups of the CPS.

Notable Cases:

Instructed by the DPP’s Strategic Policy Advisor to provide advice on the prosecution of individuals using video conferencing facilities to view and distribute indecent images of children.

R v. James Ibori and others

Acting for the Crown in the appeal and confiscation proceedings in respect of the former Governor of the Delta State Nigeria.

R v Bertling and others

Acted for the SFO in the successful prosecution of Bertling and 6 Directors and employees in respect bribes paid to a high ranking official of Sonangol, the Angolan national oil company, in order to secure lucrative freight forwarding contracts.

SFO v Z [2016] Lloyd’s Rep. F.C. 157

Acted for the SFO in the investigation and restraint proceedings against the former Ukranian Minister for natural Resources.

Operation Fastback – R v. C and Others

Widely reported as the largest VAT fraud ever prosecuted, with an estimated loss to the Revenue of £365 million. Jonathan led two juniors on behalf of the Crown. An enormous case with 50,000 pages of statements and exhibits and millions of pages of unused material.  The defendants eventually pleaded guilty 2 weeks into the listed trial. The case received substantial publicity in the national TV and print news.

R v. Marsden and McIntosh – [2011] EWCA Crim 1501; [2011] 4 All E.R. 917; [2011] S.T.C. 2349; [2012] 1 Cr. App. R. (S.) 60; [2011] Lloyd’s Rep. F.C. 577; [2011] Crim. L.R. 814; [2011] S.T.I. 1940;

The leading case in relation to the calculation of realisable and hidden assets.  Jonathan was leading counsel for the Crown in an appeal to the Court of Appeal in relation to 2 confiscation orders of £3.6 million each.  The case involved a reconsideration of a number of the leading authorities in respect of realisable and hidden assets, in particular RCPO v Telli.  The court clarified the test in relation to the calculation of hidden assets and the case is now the leading case on the topic.  The orders were upheld.

R v. Sander – [2009] EWCA Crim 2377; [2010] 1 Cr. App. R. 20 (p.285), [2011] 1 Cr. App. R. 6.

Jonathan led for the Crown in the prosecution of Mr Sander in relation to the laundering of £7 million that was the proceeds of MTIC fraud.  At the initial trial the jury were tampered with and the Judge ruled that he would complete the trial without a jury.  This was the first time that such an order had been made under the new law.  There followed 2 interlocutory appeals, both heard by the Lord Chief Justice.  The case was eventually heard by the Recorder of Birmingham with a protected jury.  The defendant was convicted on all counts.

R v. Ahmed and Ahmad – [2012] EWCA Crim 391; [2012] S.T.I. 546.

A confiscation case that resulted in orders of £184 million being made, the largest ever in the UK and which eventually made it to the Supreme Court.  In proceedings that have lasted over 10 years Jonathan acted for the Crown and in 2017 obtained enforcement orders in the High Court in respect of millions of pounds worth of property.

Operation Decade, R v. Warman and others

Jonathan led two juniors in the successful prosecution of an accountant and two property developers charged with evading over £1 million in income tax, through the double manipulation of their accounts and tax returns. The case involved the management of over one million pages of unused material and extensive evidence from forensic accountants.  Jonathan conducted the confiscation proceedings at first instance and in the Court of Appeal, leading to an order of over £1 million.

R V B[2017] EWCA Crim 534; [2017] 1 W.L.R. 4071; [2017] 2 Cr. App. R. 25; [2017] Lloyd’s Rep. F.C. 297; [2017] L.L.R. 607;

Instructed by the DPP to intervene in proceedings in the Court of Appeal in respect of a private prosecution brought by a local authority

 

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