John FitzGerald

Crime

Violent Offences:

John enjoys instructions from a large number of solicitors whose clients are accused of offences of violence. Such cases often require skilful and destructive cross-examination as well as the ability to deal with difficult defendants.  John was described in the 2016 edition of the Legal 500: “His direct approach helps him fight cases that look hopeless.”  Recent examples include:

R v Grannum [2024]

Leading counsel defending a gang member accused of conspiracy to possess firearms with intent to endanger life. The case involved two gangs, the leading members of which are very successful music artists, ‘Digga D’ and ‘Fredo’. There was a history of murders and attempted murders using firearms between the rival gangs. The police seized a phone and accessed a Snapchat group, the members of which were alleged to be planning to obtain firearms to try and use in the next revenge shooting. The evidence was very voluminous. The prosecution case was distilled into a 4400+ timeline as well as other significant exhibits. The case is due for a re-trial in 2025.

R v Rossiter [2024]

Defending a man accused of attempted murder of a police officer. The Defendant was alleged to be the driver of a vehicle which accelerated and drove at a police officer standing in the road trying to make him stop. The officer was thrown in the air and sustained very serious injuries. The vehicle drove off dangerously and was found burnt out in woods nearby.

R v Edwards [2024]

Defending a gang member in Peckham accused of attempted murder at the Central Criminal Court. A man riding an electric scooter approached a rival gang member in a car and fired three shots at very close range. Listed for trial December 2024.

R v Onicala [2024/5]

Defending a Romanian male accused of murder. The Defendant is accused of losing his temper during a party and killing another man. Listed for trial in 2025.

R v Mercer 2024/5

Defending a female accused of stabbing her violent / abuse partner to death. Listed for trial 2025.

R v Kamali [2024/5]

Defending a male accused of murder with a knife at the Central Criminal Court. This case is listed for trial in 2025.

R v Pond [2023]

Defending a well-known drill music artist at the Central Criminal Court accused of two counts of attempted murder and possession of a forearm with intent. The Defendant, artist name ‘Ratlin’, was at a party when he was robbed of his £20,000 gold and diamond neck chain. This led to a disturbance in which firearms were produced and the Defendant was threatened, all of which was caught on CCTV. CCTV, ANPR and cell site evidence tracked the Defendant to west London and very close to the location of an SUV which was stolen. That SUV was caught on CCTV at 7am outside the address of the family of one of the men who had threatened the Defendant earlier. Shots were fired at the occupants who came to answer the door. The case involved expert cell site and gun-shot residue evidence, complex half time submissions and other legal arguments. Acquitted.

R v Sakalauskas [2023]

Junior counsel defending a Lithuanian male, who was one of four men accused of the murder of a former barrister who had become homeless. They were also accused of perverting the course of justice by trying to clear away and hide the evidence of the assault. The movements of all defendants were caught on CCTV in Canterbury City Centre including the assault itself. However, this footage was in an underground car park and at such a distance that it was not very clear. The Defendant was with the principal offender before during and after but there was no evidence he had participated in the violence, which elapsed over a period of nearly two hours. Complex half time submissions regarding secondary liability and whether presence without encouragement is sufficient. Acquitted.

Sexual Offences:

John has many years’ experience in cases involving serious sexual offending against adults and children.  He has experience dealing with Ground Rules Hearings, pre-recorded cross-examination, intermediaries and complex admissibility arguments.  John adopts a more sensitive style to his advocacy to suit cases of this kind.  In the 2015 Edition of the Legal 500 he was described as “an advocate who justifiable inspires loyalty in his clients”.  Recent examples include:

R v Loxton [2024]

Defending a male accused of rape. Exceptionally, the case involved eye-witness evidence of the sexual activity. The Defendant was alleged to have been in bed with two females, both who were asleep. The Defendant was alleged to have initiated sexual activity whilst the complainant was asleep. She said she woke and he was having sex with her. The other female in the bed said she felt movements and heard noises consistent with sexual activity. The Defendant claimed he was on the floor and never got in the bed. The Defendant was challenged immediately about his behaviour by the two females and fled the premises. Acquitted.

R v Boydell [2024]

Defending a man accused of multiple historic rapes and indecent assaults of sister dating back 30 years and more when she was aged 9 – 15 and he was aged 11 – 17. The case involved many areas of law such as dolli Incapax, hearsay and bad character and required sensitive yet robust cross-examination. The Defendant participated from home as he was dying of terminal cancer at time of trial. Acquitted.

R v Luckhurst [2024]

Defending a man accused of a campaign or rape, indecent and sexual assaults of his stepdaughter over a period of years when she was aged between about 7 and 15. Acquitted.

R v Cranston [2023]

Defending a man accused of the rape of his step-daughter. The defence was consent. The victim suffered with fragile mental health. In drink, Defendant was alleged to have walked her back to a flat and raped her on the hallway floor. The victims brother and mother were soon on the scene and the police were called. Their BWV recorded a harrowing first account from the victim. The victim’s mother gave evidence on behalf of the Defendant.

R v Mohammed 2022:

The defendant was one of 9 Somalian males accused of a campaign of grooming and raping children in Canterbury.  He was the oldest and said to be an organiser.  The girls were alleged to have been plied with drink and drugs and forced from house to house where they were raped.  Case involved complex disclosure and abuse of process arguments.

R v Kennett 2022.

Defending a man accused by two independent boys aged under 10 of sexual offences against them.  Each boy had challenges and social services had been involved in their care, such that intermediaries were used to assist them in answering questions, which was pre-recorded.

R v Brown 2022:

Defending a father accused of sexual offending against his daughter over a period of nearly years.

Drugs Offences:

John has a wealth of experience in drugs conspiracy and importation cases.  John has built up a depth of knowledge regarding Organised Crime Groups, especially those running ‘Country Lines’ drugs operations.  He has become an expert in assimilating the mass of cell site and mobile phone data that usually accompanies such cases.  His practice is mainly in the south east where the main ports to the continent are based providing a large number of importation cases.  Recent examples include:

R v Ibrahim 2022:

Defending one of 5 alleged to be running a ‘County Lines’ class A drug supply chain.  Complex cell site and call data created the need to marshal a huge volume of evidence – approximately 30,000 pages.

R v Wilkin 2021:

Defending a man changed with importation of £2 million worth of cocaine.

R v Asamoah 2022:

Defending a man charged with importation of 1 million MDMA tablets, cocaine and LSD.

R v Rhesi 2020:

Defending a City Analyst accused of turning to the supply of cannabis during Covid lockdown.

R v Carty 2019:

Defending a 19-year-old gang leader accused of conspiracy to supply firearms and class A drugs.

R v Ripley & Others 2020:

Prosecuting a 12-handed class A drugs conspiracy arising out of a massive police undercover operation.  Massive amounts of phone evidence, covert audio and video evidence was gathered resulting in offenders from top to bottom of the hierarchy of the OCG.  A further 20 or so defendants were also individually prosecuted.

Offences of Dishonesty:

John has many years experience dealing with cases of dishonesty.  Often, such cases involve high volumes of material and John’s ability to identify and cut to the real issues in such cases is a huge asset.  Recent examples include:

R v Crudduck 2022:

Defending a man alleged to be at the centre of a massive mileage alteration conspiracy.  The case concerned hundreds of vehicles, hundreds of victims and millions of miles in a trial due to take 6 weeks.

R v Bhogal 2019:

Leading counsel defending a one of 8 defendants accused of fraudulently selling and installing solar panel energy systems.   The defendant was one of three defendants who were company directors who had lied about the grants available for those installing solar panels, sold overpriced equipment and then installed it to a poor standard.  2 month trial.

R v Rafiq 2019:

Prosecting a 4 handed fraud, in which offenders cheated pensioners out of their life savings.  The offenders stole personal details and identifications and, pretending to be bank employees, were able to convince elderly and vulnerable people that their funds were at risk and to transfer money into ‘safe’ accounts.

R v Wright 2022:

Prosecuting a man alleged to have defrauded the charity for which he was working.  Case involved vast amounts of PayPal and bank evidence.

Driving Cases:

John has developed excellent experience dealing with Road Traffic Act cases and the specialist evidence from Traffic Collision Experts that features in such cases.  These cases are always tragic and John’s ability to deal sensitively with all concerned is a real asset.

R v Regan 2020:

Defending a man who knocked over and killed a pedestrian as he crossed the road.

R v Smith 2021:

Defending 17 year old driver who killed three and seriously injured two passengers whilst trying to avoid police in the country lanes.

R v Henderson 2022:

Prosecuting a man for death by careless driving, who failed to see a man lying in the road and drove straight over him.

Recommendations

Notable Cases

R v Pond [2023]

Defending a well-known drill music artist at the Central Criminal Court accused of two counts of attempted murder and possession of a forearm with intent. The Defendant, artist name ‘Ratlin’, was at a party when he was robbed of his £20,000 gold and diamond neck chain. This led to a disturbance in which firearms were produced and the Defendant was threatened, all of which was caught on CCTV. CCTV, ANPR and cell site evidence tracked the Defendant to west London and very close to the location of an SUV which was stolen. That SUV was caught on CCTV at 7am outside the address of the family of one of the men who had threatened the Defendant earlier. Shots were fired at the occupants who came to answer the door. The case involved expert cell site and gun-shot residue evidence, complex half time submissions and other legal arguments. Acquitted.

R v Rossiter [2024]

Defending a man accused of attempted murder of a police officer. The Defendant was alleged to be the driver of a vehicle which accelerated and drove at a police officer standing in the road trying to make him stop. The officer was thrown in the air and sustained very serious injuries. The vehicle drove off dangerously and was found burnt out in woods nearby.

R v Grannum [2024]

Leading counsel defending a gang member accused of conspiracy to possess firearms with intent to endanger life. The case involved two gangs, the leading members of which are very successful music artists, ‘Digga D’ and ‘Fredo’. There was a history of murders and attempted murders using firearms between the rival gangs. The police seized a phone and accessed a Snapchat group, the members of which were alleged to be planning to obtain firearms to try and use in the next revenge shooting. The evidence was very voluminous. The prosecution case was distilled into a 4400+ timeline as well as other significant exhibits. The case is due for a re-trial in 2025.

R v Boydell [2024]

Defending a man accused of multiple historic rapes and indecent assaults of sister dating back 30 years and more when she was aged 9 – 15 and he was aged 11 – 17. The case involved many areas of law such as dolli Incapax, hearsay and bad character and required sensitive yet robust cross-examination. The Defendant participated from home as he was dying of terminal cancer at time of trial. Acquitted.

R v Cox (2023)

Defending a man charged with the attempted murder of an intruder into his home. The complainant, a life long friend, had a grievance which exploded when he attended the defendant’s home armed with a metal pole. Threats and attempts at violence were exchanged, some of which were caught on mobile phone video. The defendant stabbed the complainant with a carving knife as he tried to enter the defendant’s address. The defendant and his mother (indicted for perverting the course of justice) lied in their subsequent interviews with the police.

R v Ohene (2023)

Defending a man charged with attempted murder due to an issue over a cocaine deal. In the lead up to the assault with a Rambo knife, animosity brewed over a week or so, as illustrated by a 1600 entry schedule including texts, voice notes, videos and other social media contact. The victim had been threatening violence but then apologised. However, the defendant lured the victim to his flat and once inside trapped him and attacked him with a knife, causing 15 knife wounds. The defendant then fled to Croydon where he was eventually tracked down by police.

R v McQuaide (2023)

Defending a man charged with attempted murder, s.18 GBH, controlling and coercive behaviour and threats to kill, all arising out of his relationship with his partner. Both parties were heavy drinkers, but the complainant’s alcoholism was off the scale. The attempted murder concerned the defending cutting her throat in the midst of an argument over infidelity. The defendant suggested she had cut her own throat and pathological and psychological evidence was obtained as to who was responsible, since the defendant was right handed and the complainant left handed.

R v Braham (2022)

Murder in Croydon. Defending the rider of a moped, the passenger of which was alleged to have stabbed a 16 year old boy because he was jealous. Police searched over a 1000 hours of CCTV to piece together the offenders movements on the day. Complex cell site, GPS tag and mobile phone evidence was relied upon. Complex issues of joint liability also arose following the well-known judgement in Jogee.

R v Evans (2021)

Defending a 17 year old accused of attempted murder of another young man who sustained 16 knife wounds. Second half of the incident caught on CCTV, which included stabbing whilst V was on the ground and crawling away. V was aggressive throughout his time in hospital and initially refused to co-operate with police. Also refused to give consent to access various records. Then made a statement claiming he had no knife, which CCTV showed was a lie. Mass of unused material regarding V’s association with knives and independent evidence obtained of his previous threats towards the defendant. Negotiated a plea to s.18, category 2 of the Sentencing Guidelines. V made threats towards me, my solicitor and court staff and attended the sentencing hearing.

R v Mohammed (2021)

Defending one of 10 Eritrean males accused of a child sexual exploitation ring in Canterbury. The victims alleged 2 years of repeated rape and other sexual assaults at the hands of the defendants whose ages ranged from 17 to 27. The indictment ran to 29 counts. My client was alleged to be an organiser telling others to rape the girls and threatening them should they disobey him. The victim provided nearly 10 hours of ABE’s and these was a mass of unused material.

R v Jackson (2021)

Defendant, suffering with Asperger’s, accused of various penetrative sexual activity with a child, sexual communication with another child, distributing indecent images and various breaches of his SOPO and notification requirements. The defendant had been struggling to rebuild his life in compliance with the SOPO and notification requirements regime following his release having been sentenced for offences of rape of a child under 13. This, and his Asperger’s, created a difficult relationship with the supervising officers. The contact offences were encouraged by the complainants but they were under 16.

R v Rouse (2021)

Defending the alleged leader of a commercial scale cocaine distribution network in London. The defendant was a black taxi driver and used this as cover for his mass movements in furtherance of his drug supply. Officers found kilogrammes of the drug and prohibited hand guns at locations linked to the defendants. The case rested on the evidence obtained from Encrochat mobile phone data and whether such evidence was admissible, as part of Operation Venetic. The phone evidence disclosed the scale of the operation, which concerned transactions of hundreds of thousands of pounds and kilos of the drug at a time.

R v King & Others 2019

Defending the organiser of a conspiracy to import illegal immigrants using a RHIB to cross the English Channel and back under cover of darkness. The evidence was a complex web of police surveillance, maritime expert evidence and mobile phone contact and cell site analysis.

R v Evans (2018)

Defending one of four defendants caught by under cover filming by the BBC’s Panorama programme of allegedly mistreating trainees in their charge, at a young Offender’s Institute at which they worked as Security Officers. The defendants were accused of misconduct in public office in a trial that lasted 2 months.

R v Thompson & Others (2019)

Prosecuting 4 defendants aged 16 and under for a hatchet attack on a boy in the street in South London.

Appointments

Grade 4 CPS Panel Advocate (London & South East) and RASSO approved counsel.

Memberships

• Criminal Bar Association
• Kent Bar Mess
• South Eastern Circuit

Education

• BA Hons. (London)
• C.P.E (University of Westminster)
• B.V.C., (College of Law, London)
• Ampleforth College

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