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Barrister Profile

MM

MARK MCGARRITY

Year of Call: 2004

Main Areas of Practice

Administrative Law or Judicial Review
Coroners or Inquests
Criminal Law
Extradition

Biography

Mark specialises in serious and complex crime. He has extensive expertise defending in terrorism, homicide, non-fatal offences against the person, people trafficking, sex, fraud, robbery and drugs cases.

Mark has a broad experience in judicial review and coronial law.

Mark routinely appears at hearings before the Parole Commissioners for Northern Ireland and the Parole Board for England and Wales on behalf of life sentence prisoners seeking release.

Qualifications

QUALIFICATIONS

2003; Law LL.B (Honours), 2:1; Queen’s University, Belfast

2004; Certificate in Professional Legal Studies, Distinction; Institute of Professional Legal Studies, Queen’s University, Belfast

2004; Degree of Barrister-at-Law; The Honourable Society of the Inn of Court of Northern Ireland

2011; Degree of Barrister-at-Law; The Honourable Society of King’s Inns, Dublin

2012; LL.M Human Rights and Criminal Justice, Distinction, Queen’s University, Belfast (part-time)

YEARS OF CALL

2004; Mark was called to the Bar of Northern Ireland

2011; Mark was called to the Bar of Ireland

APPOINTMENTS

In 2013 Mark was elected as a Committee Member of the Criminal Bar Association.

Experience

R -v- BM: prominent local politician charged with historic cruelty and serious sexual offences against her step-daughter – acquitted of all sexual offences.

R -v- LH: accused charged with inciting vast numbers of young boys to engage in sexual activity via webcam while he adopted the on-line persona of a girl – computer forensic science – indefinite anonymity for the accused pursuant to Article 2 of the Convention – ‘No Bill’ entered in respect to forty five counts on the Bill of Indictment.

R -v- PM: alleged supply (wholesale) of very large quantities of illicit drugs – covert surveillance of legal consultations – proceedings stayed as an abuse of process – prosecution appeal dismissed by Court of Appeal.

R -v- MCK: accused charged with two armed robberies of cash delivery vans on the same day – prosecution application for anonymity refused – meaning of terminating ruling – prosecutorial objectivity – abuse of process – prosecution appeal of trial judge’s decision dismissed by Court of Appeal.

TG -v- R: appeal against sentence – life sentence prisoner – sentencing judge improperly failed to take into account time served in custody abroad prior to extradition to Northern Ireland – appeal allowed by Court of Appeal.

R -v- LL: accused charged with the trafficking of numerous women into the United Kingdom, controlling prostitution and brothel keeping – issues as to international money trail – accused acquitted of the most serious charges.

R -v- AMC: accused charged with murdering a criminal associate – no body case – prosecution eventually abandoned after defence applications.

R -v- CS: accused charged with a large number of historic sexual offences against a relative – complicated by unprecedented delay of 57 years between the commission first alleged offence and the date of the accused’s first appearance at court – abuse of process – acquitted.

R -v- NS: first named accused charged jointly with his three brothers with double murder – deceased beaten and burnt with petrol – male deceased convicted of indecently assaulting one of the accused – expert evidence in fields of pathology, fire reconstruction and accelerants in issue.

R -v- RB: conspiring to rob one of Northern Ireland’s richest men of jewels – gang said to have travelled to this jurisdiction to target the alleged victim – anonymity and identification issues.

R -v- SW: terrorist murder of police officer and perverting the course of justice – complicated forensic evidence (DNA and CDR).

R -v- WM: attempted murder of a criminal associate – intent in issue – accused mentally ill – plea to lesser charge accepted – appropriateness of an indeterminate custodial sentence to be considered.

R -v- JMA: sectarian murder and the attempted murder of the deceased’s son – thirteen co-accused – unusually large number of witnesses and factually quite complicated – significance and admissibility of low copy DNA in issue.

R -v- JM: large scale fraud by false representation – investments solicited in non-existent overseas property.

R -v- JB: appeal against conviction for rape – abuse of process – decision to prosecute – discharge of jury.

R -v- CK: woman charged with historic sexual offences against young boys – alleged “paedophile ring” involving the complicity of members of police and social services – eight co-accused.

R -v- SK: accused alleged to have directed the activities of a terrorist organisation for a period of years and other ancillary charges – No Bill entered on directing terrorism charge – admissibility of covert recordings of alleged meetings and terrorist training in issue.

R -v- JD: armed robbery of a bookmaker (firearm use) – identification/recognition in issue.

R -v- JC: possession of an improvised explosive device (IED) etc. – terrorism – whether accused in fact intended to simply decommission the bomb to be considered.

R -v- JT: accused charged with causing death by careless driving – defendant driving a lorry and deceased a cyclist – unusual as slow moving traffic and death occurring at a set of traffic lights – expert evidence in issue.