Asif Khan, R (on the application of) v The Crown Court at Manchester
[2024] EWHC 2730 (Admin)
R v Omer Mohamed
2 July 2024
[2024] EWCA Crim 782
Court of Appeal
A man was convicted of drug crimes. He claimed he was forced into it. During his trial, he fired his lawyer and represented himself. The court said the judge was right to let the trial continue even though the man changed lawyers late in the game, and they refused to overturn the guilty verdict.
Key Facts
- •Omer Mohamed convicted of nine counts of supplying Class A drugs, one count of being concerned in the production of a controlled drug, and one count of possessing criminal property.
- •Sentenced to seven-and-a-half years' imprisonment.
- •Defence was that he was a victim of modern slavery, coerced into drug dealing by threats of violence.
- •During trial, Mohamed refused to answer further questions, leading to a warning about adverse inferences.
- •Mohamed dismissed his legal counsel during the trial and chose to represent himself.
- •Appeal sought leave to appeal against conviction and for a representation order.
Legal Principles
Judges have discretion to continue a trial despite a defendant dismissing their legal counsel.
Stovell [2006] EWCA Crim. 27
Outcomes
Application for extension of time to appeal and representation order refused.
Court found no arguable grounds to suggest the convictions were unsafe. The judge acted within his discretion in allowing the trial to continue despite the late dismissal of counsel. The trial was at an advanced stage, and a retrial would have caused significant delay and expense.