header-logo header-logo

HMRC accused of systematic disclosure failures

29 November 2007
Issue: 7299 / Categories: Legal News
printer mail-detail

News

A crown court judge’s decision to stay proceedings in a carousel fraud trial highlights HM Revenue & Customs’ failure to make proper disclosure in criminal proceedings, lawyers say.

R v Vocaturo and others involved allegations of carousel fraud and money laundering in excess of £100m. Vocaturo made an application to have the matter stayed as an abuse of process because of the prosecution’s refusal to disclose 8,000 pages of his business trading records, despite repeated defence requests over 12 months.

Staying proceedings, Judge Teare said: “Even after present counsel have been in control of this case for three or four months, material has been kept from them and the disclosure officer until the date of the trial.”
The prosecution appealed in Vocaturo but the decision was upheld by the Court of Appeal.

Colin Wells, a barrister at 25 Bedford Row, says the decision follows a line of prosecutions which have resulted in a stay or the quashing of a conviction, based on disclosure problems. “Yet again customs’ systematic disclosure failures have led to a stay of criminal proceedings as an abuse of process,” he adds.

Missing trader intra community fraud (carousel fraud) cases involve a number of buffer companies and freight forwarders, leading to more disclosure requests as defendants seek to prove their innocence.

Issue: 7299 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll