Rajiv is Joint Head of Garden Court Chambers. He has 30 years of experience and expertise in a wide range of serious, complex and high-profile cases. He was appointed Queen's Counsel in 2011.
Rajiv’s primary area of work is criminal defence, both at trial and appellate level. He also specialises in related areas of criminal justice including inquests, inquiries, police actions, extradition, regulatory law, criminal judicial review and ECHR applications.
Rajiv has a particular interest in cases involving human rights violations, miscarriages of justice, political protest and the abuse of power by the state. He was instructed in the Stephen Lawrence Inquiry, the Hillsborough Inquests and the Grenfell Tower Inquiry. He currently represents 12 individuals and organisations at the Undercover Policing Inquiry. He represented children's rights organisations during Module 2 of the UK Covid-19 Inquiry.
Rajiv sits as a Judicial Panel Member of the Football Association's (FA) Safeguarding Review Panel.
Rajiv is ranked for crime in the Legal 500 and Chambers & Partners.
Criminal Defence
Overview
Rajiv's criminal defence practice covers the entire spectrum of criminal law including homicide, terrorism, fraud, money laundering and drug trafficking. He has defended in over 40 homicide and 20 terrorist cases.
Rajiv has acted for many political activists and protestors over the years, including those involved in anti-nuclear, anti-war, anti-fascist, animal rights and environmental campaigns.
Rajiv has defended in many cases where the scope and admissibility of expert evidence has come under scrutiny. He is committed to the pursuit of innovative arguments to challenge contentious expert evidence.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Terrorist cases
R v Khan (2022) – Birmingham Crown Court – Represented A Khan who was acquitted of disseminating terrorist publications & possessing a document likely to be of use to terrorists – Part of trial conducted in private
R v Haque & others (2018) - Old Bailey - Represented A Mamun - Case involving alleged attack planning in UK
R v Abdallah (2017) - Old Bailey - Represented M Abdallah - Case involving Syria and membership of Islamic State
R v Ali & others (2017) - Old Bailey - Represented K Hussain - "Three Musketeers" case involving an alleged terrorist plot to kill in the UK - Part of trial conducted in private
R v Abdalla & Diini (2015-2016) - Old Bailey - Represented A Abdalla - Case involving preparatory terrorist acts & Syria - Part of trial conducted in private
R v Abdallah & Gray (2016) - Woolwich Crown Court - Represented A Abdallah - Case involving preparatory terrorist acts & Syria
R v Shaukat & others (2016) - Old Bailey - Represented A Shaukat - Case involving preparatory terrorist acts & Syria
R v Khan & others (2013) - Woolwich Crown Court - Represented A Hussain - Case involving preparatory terrorist conduct, namely a planned armed attack on an English Defence League rally in Dewsbury
R v Iqbal & others (2013) - Woolwich Crown Court - Represented S Hussain - Case involving preparatory terrorist acts
R v Chowdhury & others (2012) - Woolwich Crown Court - Represented G Desai - Case involving preparatory terrorist conduct namely a planned detonation of an explosive device at the London Stock Exchange
R v Yusuf (2010) - Old Bailey - Retrial for possession of documents likely to be of use to terrorists - Represented M Yusuf who was acquitted when prosecution offered no evidence following 2nd hung jury
R v Mohamed & Yusuf (2009) - Kingston Crown Court - Case involving use of anti-terrorist legislation to prosecute supporters of armed liberation struggle in Somalia against foreign occupying army - Represented M Yusuf who was acquitted of dissemination of terrorist publications and terrorist fundraising
R v Siddiqui & others (2010) - Old Bailey - Represented AN who was acquitted of conspiracy to breach control order obligations
R v Baluch & Marri (2009) - Woolwich Crown Court - Case involving use of anti-terrorist legislation to prosecute supporters of armed liberation struggle in Balochistan against repressive regime - Represented H Marri who was acquitted of inciting terrorist murder & preparatory terrorist acts
R v Tabbakh (2008) - Birmingham Crown Court - Represented H Tabbakh - Case involving preparatory terrorist acts & what constitutes explosive capacity
R v Bullivant (2007) - Old Bailey - Represented C Bullivant who was acquitted of breach of control order obligations on grounds of reasonable excuse
R v Tsouli & others (2007) - Woolwich Crown Court - Represented T Al-Daour - Case involving incitement of terrorist murder and conspiracy to defraud
R v Khyam & others (2006-2007) - Old Bailey - Operation Crevice "fertiliser" trial that lasted over a year - Represented S Mahmood who was acquitted of conspiracy to cause explosions
R v Rowe (2005) - Old Bailey - Represented A Rowe - Case involving possession of articles for terrorist purposes
R v Kalayci & others (2004) - Kingston Crown Court - Represented A Kalender - Prosecution for terrorist fundraising & membership of Turkish proscribed organisation stayed on grounds of abuse of process
Other criminal cases
R v Jamal (2022-3) - Leicester Crown Court - Double murder
R v Moore (2022) - Old Bailey - Murder
R v McNeil (2022) – Old Bailey – Murder
R v Reid (2022) – Old Bailey – Conspiracy to murder
R v Ravenor (2021-2022) – Old Bailey – Murder
R v Robinson (2021) – Old Bailey – Murder
R v Sani-Semedo (2021) – Old Bailey – Murder
R v Bridle (2021) – Woolwich Crown Court – Murder
R v Pountney (2020-2021) – Coventry Crown Court (trial) – Nottingham Crown Court (re-trial) – Murder
R v Newhouse (2020 - 2021) – Woolwich Crown Court – Attempted murder
R v Brankin (2020) – Warwick Crown Court – Murder
R v Deol (2019) – Reading Crown Court – Manslaughter
R v Muingilu (2019) – Old Bailey – Murder
R v Hopkins (2019) – Old Bailey – Murder
R v Quinn (2019) - Northampton Crown Court - Murder
R v H (2018) - Old Bailey - Murder
R v Thomson (2018) - Luton Crown Court - Murder
R v Ali (2017) - Birmingham Crown Court - Attempted murder
R v Khan (2016) - Bradford Crown Court - Murder
R v Christian (2016) - Maidstone Crown Court - Double murder
R v Holub (2015) - Leicester Crown Court - Murder
R v Kumarathas (2014) - Southwark Crown Court - £130 million Bureau de Change money laundering
R v Williams (2013) - Birmingham Crown Court - Double murder
R v Maynard (2013) - Old Bailey - Murder
R v Marshall (2013) - Birmingham Crown Court - Conspiracy to import & supply cocaine
R v Naja (2013) - Wolverhampton Crown Court - Manslaughter
R v Ennis-Simpson (2012) - Old Bailey - Double murder
R v Young (2012) - Birmingham Crown Court - Murder
R v Moles (2011) - Old Bailey - Murder
R v Robinson (2011) - Old Bailey - Murder
Extradition cases
Ragul & Nadarajah v Azerbaijan [2013] ECHC 2000 (Admin) - Appeals dismissed - Court held that extradition was neither oppressive nor human rights incompatible
Zdinjak v Croatia [2012] ACD 95 - War crimes case - Appeal allowed due to breach of double jeopardy principle, client having been convicted twice of different offences founded on substantially same facts
Ragul & Nadarajah v Azerbaijan [2012] ACD 116 - Court held that appellants should be granted extension to file and serve notices of appeal out of time where lateness solely due to miscalculation of statutory time limits by solicitor
Bulla v Albania [2010] EWHC 3506 (Admin) - Armed robbery case - Appeal allowed as unclear whether client who was convicted in absentia would receive retrial if extradited
Mauritius v Appasamy (2009) - Multimillion pound fraud, money laundering and corruption case - Court held that extradition would be unjust and oppressive due to client's mental condition
Albania v Mustafaj (2009) - Attempted murder & firearms case - Court held that extradition would be oppressive due to passage of time and would breach client's rights under article 3 of ECHR
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Inquests and Inquiries
Overview
Rajiv has acted for the families of the deceased at numerous inquests, including those into the deaths of Mikey Powell, Paul Coker, Adam Rickwood, Julian Webster, Meirion James, Sudesh Amman and Trevor Smith.
Rajiv was leading counsel for three children's rights organisations; Just for Kids Law, The Children's Rights Alliance for England and Save the Children UK, during Module 2 of the UK Covid-19 Inquiry.
Rajiv is leading counsel for 12 individuals and organisations who were spied on by undercover police officers at the on-going Undercover Policing Inquiry. His clients include Tariq Ali, Piers Corbyn, Ken Livingstone and Duwayne Brooks.
Rajiv was counsel for Behailu Kebede during Phase 1 of the Grenfell Tower Inquiry into the high-rise residential fire that killed 71 people in the largest loss of life in domestic premises in the UK since the Second World War. The fire started in Mr Kebede's kitchen.
Rajiv was leading counsel for ten of the bereaved families at the new inquests into the deaths of 96 Liverpool football supporters who died at Hillsborough stadium in 1989. The inquests were the longest jury proceedings in British legal history. The jury concluded that the 96 men, women and children who died were unlawfully killed by the gross negligence of the match commander, Chief Superintendent Duckenfield. Rajiv questioned over 75 witnesses including Mr Duckenfield at the inquests on behalf of 77 of the bereaved families.
Earlier in his career, Rajiv was junior counsel for Duwayne Brooks at the Stephen Lawrence Inquiry. Duwayne was the principal eyewitness and surviving victim of the racist attack that killed Stephen Lawrence. This Inquiry was a landmark event in the history of race relations in the UK, given its condemnation of institutional racism within the police service.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
UK Covid-19 Inquiry (2023) - Public Inquiry into the UK Government's response to the Covid-19 pandemic - Leading counsel for 3 children's rights organisations.
Manchester Arena Inquiry (2020-2022) – Public Inquiry into terrorist attack on Manchester Arena – Leading counsel for Abdalraouf Abdallah
Inquest into death of Trevor Smith (2021) – Birmingham & Solihull Coroner’s Court – Trevor, who was emotionally and mentally distressed, was shot and killed by a firearms officer
Inquest into death of Sudesh Amman (2021) – London Inner South Coroner’s Court – Jury found that the prison & probation service missed an opportunity which may have prevented Sudesh stabbing two members of the public and armed surveillance officers subsequently shooting and killing Sudesh by not recalling Sudesh to prison after being notified of his purchase of suspicious items
Inquest into death of Meirion James (2019) - Pembrokeshire Coroner's Court - Jury found that Meirion, who was suffering from bipolar disorder, died of positional asphyxia as a result of excessive restraint by police officers
Grenfell Tower Inquiry (2018) - Public Inquiry into the fire in June 2017 that resulted in the largest loss of life to fire in residential premises in the UK since the Second World War
Hillsborough Inquests (2014-2016) - Jury found that 96 Liverpool football supporters were unlawfully killed by the gross negligence of the match commander, Chief Superintendent Duckenfield - Jury also found that Liverpool football supporters did not cause or contribute to disaster
Inquest into death of Julian Webster (2012) - Manchester Coroner's Court - Jury found that the effects of restraint by door security staff outside a nightclub significantly contributed to Julian's death
Inquest into death of Adam Rickwood (2011) - Durham Coroner's Court - Adam was the youngest child to die in custody in modern times, aged only 14 - Jury returned a damning narrative verdict, condemning every institution involved in Adam's care including SERCO, the Youth Justice Board & the prison service
Inquest into death of Paul Coker (2010) - Southwark Coroner's Court - Jury found that Paul died of a variant of excited delirium & returned a narrative verdict criticising police training on excited delirium, inadequate communication & pooling of information & failure of a FME to carry out an adequate medical assessment
Inquest into death of Mikey Powell (2009) - Birmingham Coroner's Court - Jury found that Mikey died of positional asphyxia in a police van, rejecting an alternative cause of death, namely that Mikey died of exertional sudden death associated with his sickle cell trait
Stephen Lawrence Inquiry (1998) - Public Inquiry into the racist murder of Stephen Lawrence in April 1993
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Criminal Appeals
Overview
Rajiv's appellate practice covers a wide range of interlocutory and substantive applications and appeals. He is committed to the pursuit of innovative arguments that convictions are unsafe and sentences are manifestly excessive.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
R v McNeil [2023] EWCA Crim 431 – Appeal against sentence – Minimum term of life sentence for murder reduced from 24 to 21.5 years
R v Mamun [2019] EWCA Crim 1705 – Appeal on admissibility of psychological evidence as to compliance and suggestibility
R v Christian [2018] EWCA Crim 1344 – Appeal on partial defence of loss of control and proper approach to third trigger
R v Abdallah, Shaukat & others [2017] 1 WLR 1699 - Appeal against sentence in series of cases involving preparatory terrorist acts and Syria
R v AA & MD [2016] EWCA Crim 7 - Interlocutory appeal of ex parte ruling on disclosure, public interest immunity & use of "neither confirm nor deny"
R v L, R, S & E [2012] EWCA Crim 2611 - Interlocutory appeal on fairness of identification procedure where identical twins were both suspects
R v H [2012] EWCA Crim 525 - Interlocutory appeal in which stay for abuse was upheld due to legal uncertainty about whether powdered bark & dried cacti containing Class A drugs amounted to preparations or products under Misuse of Drugs Act 1971
R v AY [2010] 1 WLR 2644 - Interlocutory appeal on ambit of reasonable excuse defence in terrorist cases & whether it can extend to intended use of military information for lawful defence of others
R v Tabbakh [2010] Crim LR 79 - Appeal on what can properly be taken into account when deciding whether defendant with mental condition should receive adverse inference direction under s35 of Criminal Justice & Public Order Act 1994
R v Akintayo [2008] EWCA Crim 3040 - Sentence of imprisonment for public protection reduced to determinate sentence
R v Jones [2008] EWCA Crim 3317 - Sentence of life imprisonment reduced to sentence of imprisonment for public protection
Attorney General's References (Nos. 85, 86 & 87 of 2007) [2008] 2 Cr App R (S) 45 - Appeal on appropriate sentences to be passed for incitement of terrorist murder through internet websites & chat forums
R v Rowe [2007] QB 975 - Appeal on availability of self-defence in terrorist cases & ambit of s57 & s58 of Terrorism Act 2000
R v Anderson & Norris [2006] EWCA Crim 738 - Appeal on whether there can be possession of firearm with intent to endanger life where firearm is unloaded
R v Quayle & others [2005] 2 Cr App 34 - Appeal on availability of necessity defence to those who use or supply cannabis for medicinal purposes
R v Reid & others [2002] 1 Cr App R 21 - Appeal on admissibility of psychiatric reports ordered by court in cut-throat murder trial
R v Lambert, Ali & Jordan [2002] QB 1112 - Appeal on whether reverse legal burden on defendant to prove diminished responsibility in murder trial is compatible with presumption of innocence under article 6(2) of ECHR
R v Davis [1998] Crim LR 564 - Appeal on whether screwdriver is bladed article in law
R v Roble [1997] Crim LR 449 - Appeal on how legal advice to remain silent when questioned could prevent adverse inference direction under s34 of Criminal Justice and Public Order Act 1994
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Administrative and Public Law
Reported judicial reviews
R (Canham) v DPP [2022] ACD 30 – Judicial review of CPS decision not to prosecute prison officers in relation to suicide while on remand in prison
R (Webster) v CPS [2014] EWHC 2516 (Admin) - Judicial review of CPS decision not to prosecute - Divisional Court quashed decision not to prosecute for unlawful act manslaughter & ordered CPS to review matter afresh
Thomas & Stubbs v Central Criminal Court [2007] 1 WLR 3278 - Judicial review on how to approach lack of due diligence when challenging decision to extend custody time limits
R (Gillan & Quinton) v Metropolitan Police Commissioner & Home Secretary [2006] 2 Cr App R 36, HL - Judicial review of use of arbitrary stop & search powers under Terrorism Act 2000 against political protestors & journalist
Hasani v Blackfriars Crown Court [2006] 1 WLR 1992 - Judicial review on procedure to adopt when defendant found unfit to plead becomes fit prior to disposal
Percy v DPP [2002] Crim LR 835 - Appeal by way of case stated on whether public order conviction for standing & writing on American flag is compatible with right to freedom of expression under article 10 of ECHR
