Barrister Profile

Main Areas of Practice

Commercial Law
Criminal Law
Human Rights

Biography

Mark Mulholland K.C. has significant experience litigating criminal, inquest/inquiry, regulatory and enforcement cases and has appeared in several hundred trials throughout the United Kingdom and Ireland.

Mr Mulholland represents corporations and individuals in matters involving a wide range of UK, US and International enforcement agencies, including the Serious Fraud Office, HMRC, NCA, SOCA, MI5, the US Department of Justice and Securities and Exchange Commission. He has been retained in a number of controversial ‘legacy cases’ in Northern Ireland on behalf of former members of the British Army in criminal proceedings, inquests, judicial review proceedings and civil actions. He has significant cross-border investigations experience and has led internal investigations and advised US, UK and Irish companies relating to a variety of laws including financial misconduct, bribery, and other types of fraud. He has also appeared in a number of high profile terrorist trials in Northern Ireland and frequently also handles complex civil litigation in parallel to criminal matters. He also has significant experience in public inquests and inquiries and related disciplinary proceedings on behalf of the Police Federation of Northern Ireland. Mr Mulholland has also prosecuted and defended respondents in regulatory and disciplinary hearings and is also on the Public Prosecution Service (NI) panel of senior prosecutors.

Mr Mulholland took Silk in 2011. He is a member of Doughty Street Chambers in London and is also a member of the Bars of Ireland, England and Wales and Grand Cayman. In 2010 he served as Chairman of the Professional Conduct Committee of the Bar of Northern Ireland for 2 years; he was elected Chairman of the General Council of the Bar and of the Executive Council of the Inn of Court of Northern Ireland in late 2011 serving until 2014. He is a frequent international speaker including at the World Bar Conference, the IBA, guest speaker at the Cape Town Bar Association, the Mike Jones Memorial lecture in Edinburgh and International Academy of Advocates in Kuala Lumpar. He has been a member of the Advocacy Training Board for N Ireland, the external assessor for the Faculty of Advocates Edinburgh.

He has an LLM in commercial law from the University College Dublin and has also delivered talks to governmental agencies on the Proceeds of Crime Act, Company Director Disqualification and wrongful trading, Deaths in the Workplace – Corporate Liabilities and advised on the provisions of the Bribery Act 2010 and Fraud Act 2006 as well as advising and counselling on remediation and effective compliance programmes.

Qualifications

Queen’s University, Belfast - LLB (Hons) recipient of the Stanley Austin Prize & Edgar Graham Scholarship

University College, Dublin - LLM

Called to the Bar of Northern Ireland 1993

Called to the Bar of Ireland 1999

Called to the Inner Bar of Northern Ireland 2011

Called to the Bar of England & Wales 2015

Bencher of the Inn of court of Northern Ireland 2016

Called to the Bar of Grand Cayman 2017

Member of the International Academy of trial Lawyers

Member of the International Society of Barristers

Experience

Greece v O’Connor UKSC 2022 – extradition to Greece – time limits – surrogacy principle – Arts 2 & 3 ECHR

In the matter of an application by Margaret Brady – judicial review before Divisional Court on behalf of Soldier B for the decision to discontinue the prosecution of the allegation of murder on grounds of irrationality (Treacy LJ) decision pending

In the matter of an application by Duddy, McKinney & Ors – judicial review of the non prosecution of former members of the Parachute Regt into the deaths of civilians on Bloody Sunday on behalf of a number of notice parties (former soldiers) for the challenge of the decision by the Director of the PPS (Keegan LCJ)

R v Soldier F trial ongoing

M4 v CSNI NI Court of Appeal – appeal from decision of the senior coroner of N Ireland relating to the invocation of the privilege of self incrimination by a former military witness at the inquest into the death of Mr Thomas Mills Keegan LCJ

Representation of an number of former officers and soldiers in the Ballymurphy Inquest (in the matter of an application by Quinn & Others) Keegan LJ

DPP v Paul Lavery & Ors (CCJ Dublin) – representation of financial controller / compliance officer - conspiracy to defraud investors in Custom House Capital after investigation by Central Bank of Ireland – ongoing

R v McComb & Ors – Instructed by the PPS in the prosecution of company directors and ancillary co-conspirators in HMRC Vat carousel fraud – ongoing

R v McStravick & Ors – Instructed on behalf of businesswoman charged as part of Vat construction fraud & money laundering alleged to be the largest fraud case taken before the courts in N Ireland

Inquest into the death of McNally, Ryan & Doris – ongoing inquest into the use of force by members of the British Army on behalf of a number of former members of the Special Military unit conducting the operation

R v Paul Doherty and others 2017 NICA ref GIL10397.: Representation of two companies and company director on 30 charges of evasion of duty in excess of £30 million. Ongoing

Advising a US Fortune 100 Company on UK banking regulations and voluntary self-disclosure to the UK Financial Conduct Authority (Jan 2017)

Advising a corporate client who has been invited to provide evidence before the Cooke Commission of Inquiry in Dublin into the NAMA sale of £1.2 billion sale of a distressed property portfolio. Ongoing

R v Trevino Bodden (Grand Cayman) appealing for Bodden in his constitutional challenge and tariff hearing before the Grand Court of the Cayman Islands regarding the new life tariff system for life sentence prisoners (April 2017)

R v H & Ors: Successfully represented an individual charged with vat fraud and deception by negotiating a suspended sentence and no proceeds of crime liability(Sept 2017)

Representing a client in a multi-jurisdictional fraud & bribery investigation in Ireland, UK and USA involving the DOJ, SEC, NCA & Garda (ongoing)

R v Denis Light - successful reduction in sentence on fraud conviction before the NI Court of Appeal on grounds of exceptionality (September 2017)

R v D successful representation of a former international rugby player facing criminal allegations (March 2017); currently representing him in his High Court divorce, & related ancillary relief proceedings which involves several companies with multi million pound share valuations to be determined by the High court. (ongoing)

R v Keenan - successful defence of accused on murder charge (December 2017) (R v John Paul Patrick Keenan COL10484)

In the matter of an inquest into the death of Steven Colwell - retained by the Police Federation to represent a serving police officer in an inquest hearing (currently into its 6th week at hearing).

R v McKenna – successful acquittal of police custody sgt charged with gross negligence manslaughter at criminal trial (Sept 2018) retained by police Federation on behalf of the officer & follow up disciplinary proceedings

R v F - acquittal of serving police detective on charges of misconduct in public office (March 2018) and successful representation before PSNI Disciplinary panel resulting in withdrawal of all charges

R v McD Successfully represented Governmental official on charges of alleged corruption involving the payment of subsidies/grant funding plus successful High Court settlement for malicious prosecution (February 2018)

R v EM & others Successfully represented client on charges of fraudulent evasion of excise duty, £60 million contrary to S 170 (1) (b) of the Customs and Excise Management Act 1979 & converting proceeds of crime.

R v S & Others Successful representation of company directors and companies facing allegations of several million pounds due in unpaid taxes to the Revenue.

R v McP & McP Represented leading businessman after £ multi million HMRC investigation on charges of tax evasion

R v M & others; Represented government employee on charges of corruption by crown servant contrary to the prevention of corruption Act 1906

R v GD

Successfully represented company director on charges of evasion of duty of £1,000,000 in a two week jury trial with a not guilty verdict on all counts and follow up civil proceedings for proceeds of crime for £1,000,000 successfully dismissed by the High Court.

Duffy, Colin & others; in re application for judicial review (No 2) [2011] NIQB 16; [2011] NI 194 Application for a declaration of incompatibility in respect of paragraphs 29(3) and 36(3)(b) of Schedule 8 of the Terrorism Act 2000 which deal with the circumstances in which a person arrested under section 41 of the Act on reasonable suspicion of being a terrorist may have their period of detention extended for a period of up to 28 days.

R v Gault, Lesley Ann [2004] NICA 25; [2005] BNIL 19, Gault, Lesley Ann v United Kingdom [2007] All ER (D) 297, [2008] Crim LR 476 finding against the UK Govt before the European Court of Human Rights.

R v Duffy, Paul & Others [2015] NICC 13

Charges of directing terrorism, conspiracy to murder & planning acts of terrorism contrary to section 5 Terrorism Act 2000 following extensive M15 covert surveillance operation - use of electronic devices (bugging and GPS) - PII on grounds of national security - PII hearing ordering disclosure - no evidence offered - not guilty verdict

Publications