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Barrister Profile

MARK O’HARA

Year of Call: 2018

Main Areas of Practice

Administrative Law or Judicial Review
Coroners or Inquests
Criminal Law
Personal Injury

Biography

Mark specialises in criminal law and judicial review acting for both defence and the prosecution in criminal cases as well as for Applicants and Respondents in judicial review work.

Mark is a member of the Government Legal Service’s Panel of Counsel and the Public Prosecution Service’s Junior Advocate Panel.

Before practice as a barrister, Mark competed internationally as an amateur boxer representing both Ireland and Northern Ireland.

Qualifications

2014: BSc (Hons) Business Studies with First Class Honours, University of Ulster.

2017: Masters in Law, Queen’s University Belfast.

2018: Postgraduate Diploma in Professional Legal Studies at the Institute of Professional Legal Studies, Queen’s University Belfast.

Experience

The following is a sample of the type of cases Mark has acted in:

CRIME

R v KR [2023]: Defendant charged with robbery - identification evidence excluded - breach of PACE Code D in issue - whether Defendant could be identified from footage alone - case resolved on theft and common assault.

R -v- SR [2023]: ‘Operation Arbacia’ - defendants charged with preparing and directing acts of terrorism - Mi5 covert surveillance in issue - use of state agent in issue - expert voice identification evidence in issue.

R -v- CC [2023] NICC: Possession of Class A, B and C drugs with intent to supply - concerned in supply - circa £100k in revenues - UK wide enterprise.

R -v- SA [2022] NICC: ‘Operation Concentric’ - Organised Crime Gang - largest ever Northern Ireland anti-fraud operation - VAT and tax fraud.

R -v- CW [2020] NICC: ‘Mi5 Newry Bugging case’ - covert Mi5 surveillance - expert voice recognition evidence in issue - directing and preparing for acts of terrorism.

JUDICIAL REVIEW

Re Pollin’s Application [2024] NIKB: Delay in provision of opiate substitution treatment in prison - articles 3 and Article 14 ECHR in issue - adequacy of treatment in prison versus community.

Re Valdomar Da Conceicao Silva’s Application [2023] NIKB 9: Challenge to decision of a PCNI panel refusing release on license - ‘modern context specific approach to rationality’ arguments raised.

Re Chai Hai Zhang’s Application for Judicial Review [2023] NIQB: Challenge to convention compliance of primary and secondary legislation - provisions provide for the early release and deportation of life sentence prisoners who are liable to deportation - Articles 5 and 14 ECHR in issue.

Re Martin Tracey’s Application for Judicial Review [2021] NIQB 104: Challenge to the appointment of an independent contractor - goldmine - planning application - ‘apparent bias’ in issue - article 2 ECHR in issue.

Re Darren Poleon’s Application for Judicial Review [2020] NIQB: Urgent application - Compassionate Temporary Release in issue - terrorist offender -Article 8 ECHR in issue - application ultimately successful.