Rishi Nathwani led by Kieran Vaughan QC, instructed by Tuckers represented 1 of the 4 Defendants in the unprecedented Three Musketeers Terror Trial that lasted 5 months at the Old Bailey before Mr Justice Globe. There was a significant press interest in this case, that was only the third trial in the history of the UK that was held (in part) in secret (in camera) due to issues of national security. 

The Defendants had been under surveillance and subject to an undercover operation by the West Midland Counter Terrorist Special Projects Team, who ran a covert operation from a Courier Company. When the MI5 were fitting a listening device in a co-defendant’s car, a search revealed a bag with a pipe bomb, imitation firearm, live ammunition and a hatchet with “Kafir” scratched into it. It was the Defence case that these items had been planted by the Under Cover Officer given the previous terror convictions of some of the Defendants. 

The trial process threw up a number of complex and significant legal issues, which included:

  • Secret/in camera evidence
  • Anonymous Witnesses
  • British Secret Service (MI5) Evidence that was not contained to NCND
  • PII/Disclosure which resulted in the service of the personal phones of several Under Cover Operatives who it was alleged had planted a pipe bomb to frame the Defendants, some of whom were known to the police/MI5
  • Jury irregularities including a juror making it plain that she fancied the Officer in the case (who the Defence suggested was corrupt) and another juror making enquiries as to his relationship status. 
  • Bad Character
  • Extreme Islamic ideology
  • Low Copy DNA evidence
  • Legal argument relating to prejudice/bias as a result of the 4 terror attacks that occurred during the trial (Westminster, Manchester, London Bridge and Finsbury Park)