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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Rizvi, R v [2007] EWCA Crim 467 (14 February 2007)
URL: http://www.bailii.org/ew/cases/EWCA/Crim/2007/467.html
Cite as: [2007] EWCA Crim 467
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CRIMINAL DIVISION
Strand London, WC2 |
||
B e f o r e :
(Vice President of the Court of Appeal Criminal Division)
MR JUSTICE FORBES
MR JUSTICE BURTON
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| R E G I N A | ||
| -v- | ||
| ZAFAR RIZVI |
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MR O SELLS QC and MR D WALBANK appeared on behalf of the CROWN
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Crown Copyright ©
- THE VICE PRESIDENT: Forgive me just one moment. I have bundled up ... (Pause). Yes.
- MR SELLS: May I turn to the case of Rizvi? My learned friend, Mr Bodnar, represents this appellant. We indicated our position on the appeal in his case and we have also indicated our position on a retrial in his case.
- THE VICE PRESIDENT: Yes.
- MR SELLS: I think it is common ground between us -- I will be corrected if I am wrong -- in relation to the retrial and any issues that may arise at the retrial. My learned friend kindly sent an e-mail to those who instruct me -- and I have lost is it, but I remember reading it -- dated, I think, 8th --
- THE VICE PRESIDENT: Yes.
- MR SELLS: -- February. No, the 7th. I have found it now. As I understand it, he does not oppose a retrial in this case.
- THE VICE PRESIDENT: That is correct, isn't it, Mr Bodnar?
- MR BODNAR: My Lord, yes. I fear I would lose if I try.
- MR SELLS: He helpfully indicated in that e-mail, which was forwarded to me, as I say, on 8th February, that any matters that might fall to be considered in relation to any issues were better remedied, to use his words, by the trial judge in the retrial.
- THE VICE PRESIDENT: Yes.
- MR SELLS: And, therefore, my application is, in a sense, two-fold. We do not oppose the appeal against conviction, but we do seek that this court order a retrial, bearing in mind the terms of section 7 and the following sections which deal with timetabling in relation to retrials and rearraignment, with which the court is no doubt well familiar.
- THE VICE PRESIDENT: There is a formal series of orders that we can make in relation to that.
- MR SELLS: That is my application.
- THE VICE PRESIDENT: Anything you need to add at the moment, Mr Bodnar?
- MR BODNAR: On the question of retrial I would obviously ask for legal aid for counsel and solicitors, and arraignment, I think, the standard time is two months.
- THE VICE PRESIDENT: We will just give a short formal judgment in relation to the appeal.
- This appeal comes before this court by way of a reference from the CCRC in relation to a conviction of this appellant on 19th December 2001, when he was convicted with another of conspiracy to deal with the proceeds of drug trafficking and/or criminal conduct and was sentenced to seven years' imprisonment.
- He appealed to this court against that conviction, but his appeal was dismissed on 27th November 2003. The Criminal Cases Review Commission has referred this appellant's case to us on the basis of the House of Lords' decision in particular in Saik. It is suggested, and it is accepted, by the prosecution that that decision may have an effect on the safety of this conviction. Accordingly, the respondent does not seek to uphold the conviction. In the light of the terms of the reference we agree. We accordingly quash the conviction, but we order a retrial of this appellant.
- Mr Sells, is the intention of the prosecution to rely on the same count?
- MR SELLS: The court can only -- this court can only order a retrial on the same ground.
- THE VICE PRESIDENT: Exactly. It should be a retrial on the same count as he was tried previously. A fresh indictment should be preferred and the appellant to be re-arraigned on that fresh indictment within two months of today. The venue will be as directed by the appropriate presiding judge.
- As far as you are concerned, Mr Bodnar, you want a representation order, is that for one counsel, two counsel, counsel and solicitors, or two counsel and solicitors?
- MR BODNAR: Certainly counsel and solicitor. That was the representation at the first trial. If matters become complicated --
- THE VICE PRESIDENT: Mr Bodnar --
- MR BODNAR: -- that issue can be raised with the trial judge.
- THE VICE PRESIDENT: Mr Bodnar, we will give you what you ask for today, which is representation for counsel and solicitors. If there is to be any change to that, then, obviously, an appropriate application can be made. Are there any other applications this morning?
- MR BODNAR: No.
- THE VICE PRESIDENT: Thank you. There has been no application for bail so he will be remanded in custody for the purposes of trial.
- MR JUSTICE FORBES: Is there something you wanted to say, Mr Bodnar?
- MR BODNAR: Is he still in custody? I think he may have served his sentence.
- THE VICE PRESIDENT: The only point I make is that he may have been in custody because of the failure to pay or satisfy a confiscation order.
- MR BODNAR: No enforcement action has been taken because of the appeal.
- THE VICE PRESIDENT: Then, for the moment, we shall assume that he is not in custody.
- MR BODNAR: Yes.
- THE VICE PRESIDENT: Therefore we will simply grant him bail. There is no special order Mr Sells asks for?
- MR BODNAR: He has been in regular contact with the solicitors who have been assisting me throughout so ...
- MR SELLS: No. My Lord.
- THE VICE PRESIDENT: Then he will be on unconditional bail until the retrial. Thank you very much.
- MR BODNAR: Would your Lordships excuse me?
- THE VICE PRESIDENT: Yes.