CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT WARWICK
MR RECORDER BUTTERWORTH T20227079
Strand London WC2A 2LL |
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B e f o r e :
MRS JUSTICE McGOWAN
HER HONOUR JUDGE ANGELA MORRIS
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REX |
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MIRGENT SHAHU FLORJAN IBRA ARMAN KAVIANI |
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Lower Ground, 46 Chancery Lane, London WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
MR BEN DOUGLAS-JONES KC appeared on behalf of the Applicant Ibra
MR SEAN KIVDEH appeared on behalf of the Applicant Kaviani
MR TOM WALKLING (CPS Serious Economic Organised Crime and International Directorate) appeared on behalf of the Crown
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Crown Copyright ©
LADY JUSTICE WHIPPLE:
Introduction
The Facts
The Prosecution Case
(a) He did not know that the drugs were to be imported and he played no part in the arrangements for the importation. He became involved right at the end and after the drugs were already imported.
(b) His first involvement was on 14 April 2022 when he climbed up the trailer container to help with removing the drugs.
(c) He was recruited by others and acted on the periphery of the offence by driving another co-defendant to Warwick from London and by climbing to the top of the trailer when directed by others. He was effectively used as a spare hand. As such, he performed a limited function under directions.
(d) He did not stand to receive any significant financial gain from his involvement in the offence in count 1.
(e) Due to his addiction to drugs he had incurred a debt with the same people who were acting as controllers of more senior people involved in drugs.
(f) In order to settle this debt and to receive some drugs for his personal use, he was ordered and pressurised and threatened to assist the controllers.
(g) He was placed under pressure and threatened by the controllers. On one occasion he was beaten up by them.
(h) He had no management or operational authority and never involved or recruited anyone else. He had no influence on those above him.
(i) He had no awareness of the amount of drugs involved.
(a) He was a custodian of the drugs, and although he was generally made aware of them, the drugs did not belong to him.
(b) The drugs were concealed in the flat by the same controllers as count 1, who had the keys to his flat.
(c) He did not stand to gain financially from allowing his flat to be used for holding the drugs except, as stated above, to reduce a drug debt.
(d) He never touched or even saw these drugs.
The Defence Case for Shahu
Shahu's Application
(1) That the Recorder, in summing up the evidence, made comments he should not have made and failed to remain impartial when reviewing the evidence and issues.
(2) In particular, in his concluding remarks to the jury, the Recorder gave the firm impression that he considered the applicant to be guilty and that their focus should be on the viability of the defence of Ball as co-defendant.
(3) The prejudice caused was such as to render the conviction unsafe.
Sentencing of Ibra and Kaviani
Kaviani's Appeal
In oral submissions Mr Kivdeh abandoned Ground 2 but pressed his remaining three grounds.
Ibra's appeal