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Barrister Profile

MARK MULHOLLAND KC

Year of Call: 1993

KC: 2011

Main Areas of Practice

Commercial Law
Coroners or Inquests
Criminal Law

Biography

Mark Mulholland KC, has significant experience litigating criminal, commercial, judicial review, inquest/inquiry and regulatory cases and has appeared in several hundred trials throughout the United Kingdom and Ireland since 1994.

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, FCA, NCA, SOCA, MI5 and the US Department of Justice and Securities and Exchange Commission. He has acted in a number of commercial fraud cases for international clients in multi jurisdictional investigations. With 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 and other criminal trials in Northern Ireland and frequently handles complex civil litigation in parallel to the criminal matters. He also has significant experience in public inquests and inquiries and acts in criminal proceedings, inquests, judicial review proceedings and civil actions, on behalf of former members of the military and police. Mr Mulholland has also prosecuted and defended respondents in regulatory and disciplinary hearings and prosecutes for the Public Prosecution Service.

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; 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. 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. He has been a member of the Advocacy Training Board for N Ireland, the external assessor for the Faculty of Advocates Edinburgh and has recently been appointed as a director of the International Academy of Trial Lawyers in 2023 having been elected as a fellow in Washington DC in 2015.

He acquired an LLM in commercial law from the University College Dublin, taught on the commercial law undergraduate course at Queens University Belfast, the Bar Course at the Institute of Professional legal Studies and has delivered talks to governmental agencies on the Proceeds of Crime Act, Company Director Disqualification and wrongful trading, Deaths in the Workplace & Corporate Liability. He has advised on the provisions of the Bribery Act 2010 and Fraud Act 2006 as well as conducting internal investigations and advising on remediation and compliance.

Qualifications

Queen’s University, Belfast - LLB (Hons)

University College, Dublin - LLM

Called to the Bar of Northern Ireland 1993

Called to the Inner Bar of Northern Ireland 2011

Called to the Bar of Ireland 1999

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

Call to the Inner Bar of Ireland – pending October 2023

Fellow of the International Academy of Trial Lawyers 2015

Member of the International Society of Barristers 2021

Director of the International Academy of Trial Lawyers 2023

Experience

Recently Reported Cases

In the matter of an application for judicial review by Margaret Brady [2023] NIDIV 1 - Challenge by the NOK re PPS decision to discontinue criminal prosecution for murder against soldier B (Div Court)

PPS v Robert Beggs [2023] NICA 24 - Prosecution appeal/successful application to stop the criminal trial/hearsay evidence

In the matter of an application for judicial review by Gary Best [2022] NIKB 71 - PSNI disciplinary proceedings/ IHR/RUC pension regulations 1988 & 2015 statutory interpretation

CAO v Sec of State for the Home Office [2023] NICA 14 - (pending leave decision by respondent to UKSC) Statutory interpretation S55 Borders, Citizenship & Immigration Act 2009

In the matter of an inquest into the deaths of McNally, Doris & Ryan [2023] NI Coroner 10 - Medical excusal / special measures/Art 3/Art 2 ECHR

In the matter of an inquest into the deaths of McNally, Doris & Ryan [2023] NI Coroner 10 - Legal Professional Privilege / notes of meetings with former military witnesses for purposes of providing witness statements

In the matter of an application touching upon the death of Hugh Gerard Coney [2023] NI Coroner 7 - Jurisdiction of Coroners court / jury / death within confines of prison

In the matter of an inquest touching upon the deaths of Daniel Doherty & William Fleming [2023] NI Coroner 1 - Procedures for witness statements/ Protocol/power to compel statement by Coroner

In the matter of an application by Gerry Duddy & Ors for Judicial Review [2022] NIQB 23 - Bloody Sunday - non prosecution challenges against former soldiers / discontinuation of prosecution against soldier F

M4 v Coroners Service for Northern Ireland [2022] NICA 6 - Privilege against self-incrimination / Judicature Act (NI) Act

Public Prosecutors Office of Athens Court of Appeal v O’Connor [2022] UKSC 4 - Extradition / surrogacy principle / Art 3 ECHR

Greece v O’Connor [2017] NIQB 77 as above before NI Divisional Court

In the matter of an application by the Director of Public Prosecutions for Northern Ireland for an order of committal against Man Tai Cheuk [2022] NIKB 26 - Contempt of court / Proceeds of crime / breach of High Court restraint Order

Further Cases

R v Soldier F (Bloody Sunday) criminal trial x 7 counts murder / attempted murder – proceedings ongoing

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 Feb 2023

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

Trafalgar Developments LTD & Ors v Mazepin & Ors High Court (Commercial) Dublin Barniville J

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

R v Paul Doherty and others 2017 NICA 53 : Representing company 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.

Advising a corporate client / Cooke Commission of Inquiry Dublin /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.

Successful representation client in a multi-jurisdictional fraud & bribery investigation in Ireland, UK and USA involving the DOJ, SEC, NCA & Garda

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

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

R v McKenna – successful acquittal of police custody Sgt charged with gross negligence manslaughter after 6 week jury trial

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

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