Robert Tolhurst

Financial Crime

• Operation L: Currently representing 1 of 10 defendants charged with conspiracy to cheat the public revenue. The case concerns multiple fraudulent claims for research and development tax relief within 347 Corporation Tax returns relating to 315 separate companies. The total value of the claims for Corporation Tax R&D relief pursuant to these 347 returns is said to be in excess of £25 million.
• R v R: Represented a defendant charged with 3 counts of fraud relating to the ownership of a Leonardo Da Vinci painting.
• Operation V: Represented 1 of 5 defendants charged with money laundering following the seizure of in excess of £3 million in cash as a result of an Encrochat investigation by the National Crime Agency.
• Provided pre-charge advice to a private client implicated in the Rolls Royce corruption investigation. The instruction involved the consideration of piecemeal evidence relating to events across multiple jurisdictions over many years, disclosed to the client by the Serious Fraud Office over the course of two years. The nature of the case and the client necessitated the careful management of this high-net-worth individual’s expectations in relation to the progress of the investigation and the potential outcomes. Following the SFO’s settlement of a Deferred Prosecution Agreement with Rolls Royce the investigation and prosecution of this client was concluded without charge.
  Provided pre-charge advice in a high profile, multi-jurisdictional investigation into global bribery and corruption and a complex cross-border European tax-evasion scheme.
• R v W: Represented 1 of 8 defendants charged with conspiracy to launder in excess of £150 million, the proceeds of drug trafficking. The allegation concerned the abuse of multiple third-party bank accounts by a Chinese organised crime group.
• Operation J: Represented a defendant on an indictment with 7 others charged with a multi-million pound MTIC fraud revolving around the trade in waste precious metals.
• Operation R: Represented a defendant charged with a multi-million pound mobile phone fraud involving an organised crime group systematically defrauding the major mobile phone networks.
• Operation B: Represented a defendant charged with a multi-million pound phishing fraud and money laundering. The investigation was a joint operation between the Metropolitan police, Police Scotland and the National Crime Agency. The case involved the deliberate targeting of small businesses lacking sophisticated security measures, utilising highly sophisticated mobile phone software to deceive the businesses into believing that the caller was a genuine bank employee notifying them of fraud.
• R v D: Represented one of a number of defendants charged with conspiracy to defraud involving the systematic defrauding of customers of two motor vehicle engine re-manufacturing companies, set up as vehicles for fraud.
• Operation S: Represented one of a number of defendants in an organised crime group charged with conspiracy to defraud in relation to a land banking boiler room fraud.
• Operation P: Represented one of a number of defendants in an organised crime group charged with conspiracy to defraud in relation to a carbon credit boiler room fraud.
• R v S: Represented a defendant charged in a private prosecution with 13 counts of historic money transfer offences totalling in excess of £20 million. This case was described at the time as being the largest ever private prosecution brought to trial.
• R v F: represented a defendant charged with 2 others on a 20 count indictment alleging offences of money laundering, fraudulent trading, false accounting and offences under the Company Directors Disqualification Act.
• R v R: Represented a defendant charged with offences under the Financial Services and Markets Act 2000. The case concerned allegations of providing financial advice to high net-worth individuals whilst not being authorised by the Financial Conduct Authority.

Homicide

• Operation A: Instructed to defend in a high-profile attempt kidnap, kidnap and murder dating back to 1999. The notoriety of the defendant and his 5 previous convictions for murder led to an application transfer the trial out of the local court centre to the Central Criminal Court. The original investigation had resulted in a number of arrests and the unsuccessful prosecution of an individual in 2001. The investigation was reopened in 2019 following the identification of further suspects. Following advances in DNA technology and a cold case review following the client’s conviction in 2008 of 5 murders for which he was then serving full life terms, the attention of the murder investigation team turned towards the client. The TIE strategy employed in the various stages of the investigation led to the identification of over 400 named individuals. The Crown’s case relied heavily upon the interpretation of complex DNA Y-STR evidence in addition to a wide-ranging bad character application relating to the client’s convictions for murder which the Crown relied upon to establish his propensity to commit murder and a common link with the instant case in the cause of death, the modus operandi and the client’s local knowledge. The Crown’s case necessarily involved the elimination of numerous other suspects. The client was also prosecuted on the same indictment with the attempted kidnap of a second victim the day before the alleged murder which the Crown linked to the defendant by the victim’s description of the suspect and their vehicle which the police identified following reassessment of a historic VODS (Vehicle Online Descriptive Search) relying on a partial registration plate. The defence required the instruction of expert witnesses in multiple diverse disciplines, and the review of thousands of items of unused material relating to the TIE strategy employed in the investigation.
• R v F – Instructed to defend in a murder at the Central Criminal Court in which the victim’s decomposing body was found in the defendant’s bath. The police recognised that the defendant was a vulnerable individual, subjected to cuckooing and resulting in frequent police attendance at the address in response to reports of anti-social behaviour and serious violence and allegations of sexual assault perpetrated by others. A trawl of third-party material by the police was served as evidence of his vulnerabilities. On arrest and in the months to follow the defendant was deemed to be unfit to plead and was transferred to hospital under section 48 of the Mental Health Act. Following extensive observation and then treatment the defendant’s condition improved such that he was deemed fit to plead and to stand trial. The case involved the Crown’s elimination of numerous other possible suspects and reliance upon multiple sources evidence to demonstrate ‘proof of life’ to establish an estimation of the date of death, supported by entomology evidence. The identification of the cause of death and the identity of the suspect relied upon complex blood spatter analysis and hundreds of hours of CCTV and Ring doorbell footage demonstrating the movements of the deceased and the defendant in the days before and after the murder.
• Operation E: Represented as junior counsel 1 of 5 youths charged with the joint enterprise murder of an unrelated, unknown member of the public who was stabbed following a chance encounter and confrontation. The case required the minute analysis of hours of closed-circuit television footage. The defendant was the only defendant acquitted of all charges. The trial attracted significant media attention.
• R v H: Represented as junior counsel a defendant charged on an indictment alleging Manslaughter and 4 counts of child neglect. The victim was an 8 year-old child who died on his doorstep locked out of his house, from an asthma attack. The client was the victim’s mother who had a long history of drug addiction. Significant volumes Social Services records, medical records, educational welfare records formed body of the Prosecution case in addition to multiple expert reports from multiple specialist Paediatric Consultants, Forensic Pathologists, Paediatric Pathologists, Consultant Clinical Forensic Toxicologists and Consultant Respiratory Paediatricians. The case involved successful legal submissions in relation to the very existence of a species of involuntary manslaughter not recognised by the Court of Appeal since 1961. Those submissions resulted in the successful dismissal of that allegation.
• Operation M: Represented as junior counsel a defendant acquitted of murder. The deceased was shot in a crowded night club in a drug related turf war. The defendant had been named by an eye-witness, but the case turned upon the close examination of hundreds of hours of closed circuit television footage and undermining complex cell site and ballistics evidence.
• Operation A: Advised and represented a client as junior counsel on appeal against a conviction for murder. This appeal concerned multiple strands of fresh evidence including alleged confessions made by a co-defendant, a witness anonymity order and the digital reconstruction of the scene based upon the principal eye witness’ evidence at trial.
• Operation L: Represented as junior counsel 1 of 3 defendants charged with murder arising out of a classic joint enterprise stabbing. The defendant was acquitted.
• Operation F: Represented as junior counsel 1 of 3 defendants charged with the murder of a victim whilst he was asleep in bed next to his partner, at the hands of a group of males armed with machetes. The evidence comprised a complex matrix of circumstantial evidence which included a vast quantity of call data, cell site evidence, low copy mixed profile DNA and complex bad character issues relating to a multitude of suspects not charged. All 3 defendants were acquitted.

Firearms and Serious Violence

• R v B: Represented a client charged with three others with kidnap, possession of an imitation firearm, wounding with intent to cause grievous bodily harm and attempted murder. The case involved a plan to rob a drug dealer at gun point which went wrong and resulted in serious violence being inflicted on the victim. The case revolved around the interpretation of cell site evidence and a cut-throat defence.
• R v S: Prosecuted a defendant charged with 3 gun point robberies of victims for their high value motor vehicles and associated prohibited weapons charges. The Crown’s case relied heavily on a strong chain of circumstantial evidence beginning with the formal identification of the defendant by a witness to the first robbery. The meticulous piecing together of multiple threads of evidence linking the defendant to each of the robberies and the vehicles stolen resulted in a compelling case against the defendant and his conviction at trial.
• R v B: Represented the first of 4 defendants charged with conspiracy to sell or transfer prohibited firearms and ammunition, possession of a prohibited firearm and ammunition and possession of articles for use in the conversion of firearms. The case concerned allegations that the defendant was supplying converted firearms and manufactured ammunition to criminal networks.
• R v M: Represented 1 of 5 defendants charged with possession of a prohibited weapon, ammunition and a firearm with intent to endanger life.
• R v S: Represented 1 of 7 defendants charged with prison mutiny following a serious, violent disturbance at HMP Stocken in January 2020.
• R v C: Represented a vulnerable defendant charged with intent to cause grievous bodily harm, in circumstances where the victim who was related to the defendant had been eviscerated in the attack upon him.
• R v C: Represented a defendant charged with violent disorder and wounding with intent to cause grievous bodily harm relating to serious disorder and stabbing in a nightclub.
• T v F: Instructed to represent 1 of 9 defendants charged with violent disorder arising out of disturbances in the vicinity of Wembley Stadium prior to the European Championship final in July 2021.
• Operation K: Represented the first defendant on an indictment charging conspiracy to cause explosions. The case concerned the construction, delivery and detonation of pipe bombs at a series of residential addresses, arising out of a feud between former business partners. The evidence included an alleged prison cell confession, covert recordings of defendant’s conversations with friends and family on prison visits, a vast quantity of call data, cell site analysis, hundreds of hours of closed circuit TV footage and expert imagery enhancement.
• R v S: Represented a defendant charged with arson with intent to endanger life and doing acts tended and intending to pervert the course of justice. The case concerned a fire at a substantial retail outlet, causing significant damage. The defendant was a former employee who was extremely vulnerable. He was previously undiagnosed as being on the Autism spectrum and was acquitted on all counts following the instruction of a dual qualified Clinical and Forensic Psychologist.

Drug Trafficking

• R v A & A: Instructed to prosecute this 2 handed proactive NCA investigation into the importation of over 40 kilograms of heroin from Pakistan. This case has necessitated careful consideration of the Crown’s disclosure responsibilities in relation to CCTV footage from Pakistan. It has required advice to the CPS and the NCA in relation to application for an International Letter of Request to obtain important evidence and to ensure the Crown complies with its disclosure obligations.
• Operation S: Instructed to prosecute this county lines drug trafficking investigation carried out by the West Midlands Regional Organised Crime Unit. The case concerned a proactive investigation into the trafficking of class A drugs from Birmingham for distribution in an urban conurbation located in Devon.
• Operation A: Represented a defendant charged as a member of an organised crime group with conspiracy to cultivate and supply cannabis on an industrial scale. The investigation spanned a 5 year period and involved a covert surveillance operation.
• Operation B: represented one of a number of defendants charged with a multimillion-pound conspiracy to supply class A and B drugs and money laundering. The defendant was a vulnerable person and was twice severed from the trials of co-defendants. The evidence included extensive, intrusive surveillance and generated hundreds of hours of covert audio recordings. The trial gave rise to issues arising out of the execution of unlawful search warrants resulting in application by the Crown under section 59 of the Criminal Justice and Public Order Act 2001 to retain evidence which had been unlawfully seized in order to prosecute this defendant.
• Represented a defendant alleged to be the head of an organised crime group running a conspiracy to supply Class A drugs across a major urban conurbation. The investigation involved a 7 month covert operation involving intrusive surveillance and the generation of hundreds of hours of audio transcripts said to evidence the conspirators actively engaged in the supply of class A drugs.
• Operation V: Represented 1 of 8 defendants charged with conspiracy to supply crack cocaine and heroin. The case involved an organised crime group orchestrated by the first defendant from his prison cell. The case involved evidence of gang affiliation, county lines dealing and a turf war between competing rival gangs concerned with the supply of class A drugs.

Serious Sexual Offences

• R v P: Successfully defended a client charged with raping the victim of an organised crime group’s cuckooing of the alleged victim’s flat in a country lines drug dealing enterprise.
• R v B: Successfully defendant a client charged with three counts of historic allegations of rape of a child.
• R v L: Represented a defendant charged together on an indictment with a former partner of a series of historic sexual offences and child cruelty in relation to 2 children of his partner.
• R v B: Represented a defendant acquitted of two counts of rape made by independent complainants.
• R v O: Represented a defendant acquitted of two counts of rape made by independent complainants.
• R v NB: Represented a defendant charged with assault by penetration, grievous bodily harm with intent and controlling and coercive behaviour. The allegations arose out of an extremely volatile relationship and the defendant had been convicted of similar offences against previous partners which were admitted as evidence of his bad character. Acquitted of the assault and GBH offences.
• R v C: Represented an extremely vulnerable 24 year old defendant charged in relation to two separate sets of allegations comprising 15 offences from different geographical locations 4 years apart. The allegations involved causing or inciting a child under the age of 13 to engage in sexual activity. The Court was persuaded on the complex expert evidence placed before it that the defendant was not a dangerous offender.

Other Notable Cases

• Represented a defendant acquitted of attempting to pervert the course of justice in a trial where his father and uncle were charged with the murder of his aunt and uncle in an honour killing.
• Represented a defendant charged with attempting to pervert the course of justice as part of an organised crime group. The allegation concerned the dissipation of restrained funds through bank accounts opened specifically to defeat the restraint orders imposed upon suspects in an ongoing ‘cash for crash’ fraud investigation.