Kevin Metzger

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Mr Kevin Metzger

Call: 1984 (UK)
Call: 1986 (Sierra Leone)
Direct Access Qualified

 

Personal Statement

Kevin has always had an ardent interest in International Human Rights law and Civil Liberties. His practice, which spans over 30 years, comprises Serious Crime,Private International Law, Human Rights Law, Matrimonial & General Common law.

He has appeared as Lead Counsel in numerous serious criminal cases, trials involving juveniles and adult defendants, complex civil matters, immigration (with a particular focus on multifaceted matters of law), human rights violations, matrimonial and child custody.

He was part of a team that carried out a fact-finding mission in Lebanon in September 2006 under the direction of Oxfam following which a report was published.

His involvement with the training and instruction of pupil barristers as well as his extensive background have made him an excellent pupil supervisor. He is an advocacy trainer for the Middle Temple. His desire to increase his expertise as a Human Rights advocate led to his joining the Bar Human Rights Committee in 2001. In addition, he is registered as an expert on Human Rights for the United Nations. Kevin has contributed to seminars and conferences on youth crime and the effect of the Convention on Human Rights on the criminal justice system. He is particularly interested in the treatment of offenders and the effect of Article 6 (right to fair trial) on defendants in criminal proceedings.

Kevin maintains a global practice, as he was called to the Bar in Sierra Leone in 1986 and became an associate in a leading set of chambers in Freetown, Sierra Leone. He maintains association with lawyers practising in Sierra Leone and holds a current practising certificate there. He is has an interest in the Sierra Leonean politico-legal system. He has written articles and papers on matters concerning Sierra Leone, including a draft Constitution for Sierra Leone and supported the extension of national law to allow dual citizenship there. He has also written about controversial matters such as conflict diamonds emanating from Sierra Leone.

Practice Areas

  • Criminal Law
  • Human Rights and Civil Liberties
  • Statutory and contract document interpretation
  • International
  • Matrimonial
  • Employment
  • Probate

 

Notable cases:

November 28 2016 – Kevin Metzger has won a judicial review application in Sierra Leone in which the General Legal Council (the body responsible for admitting and supervising  legal practitioners in Sierra Leone). Justice Showers, a Supreme Court Judge, sitting in the High Court, ruled that the General Legal Council had abused its power in considering the application in question, carrying our several procedural irregularities which could not be overlooked by the court. An order for certiorari was granted, quashing the decision not to admit the applicant. Costs were awarded in the Applicant’s favour.

R v Ali Balogun 2014 – 2016 – Inner London Crown Court. Representing a former homeless housing worker who was charged with one count of misconduct in public office. In the first trial the jury were unable to reach a verdict. The Prosecution pursued the matter and secured a re-trail. Each trial lasted over three months. The case involved complex legal arguments about the definition of ‘public officer’. It is anticipated that the Defendant will pursue an appeal

R v Pop 2014 – Southwark Crown Court. Defendant charged with two counts of controlling a prostitute for gain and one count of Managing a Brothel. Targeted disclosure requests led to the disclosure of information relating to two complainants which led to one acquittal and the Prosecution deciding not to re-try the Defendant.

R v Begum 2008 – Leeds Crown Court. The Defendant was charged with Money Laundering as the wife of a man who had been convicted of being concerned in large scale heroin trafficking. The case involved complex issues of law relating to joint enterprise offences as opposed to conspiracy and the investigation into her husband spanned 3 SOCA operations. There were two trials with the final one lasting some 5 months. The case attracted significant regional publicity

Prosecutor v Brima (Special Court for Sierra Leone). The Defendant, an officer in the Sierra Leone Army and a member of the Armed Forces Revolutionary Council which effected a coup against the Government of Sierra Leone was accused of being one of the persons who bore the greatest responsibility for War Crimes and Crimes against Humanity during the civil conflict between 1991 and 2001.

R v Clarke 2006 – Court of Appeal (having represented the Defendant at his original trial some 9 years previously) [2006] EWCA Crim 1196. Eventually decided in the House of Lords (Clarke and McDaid [2008] 1 WLR 338)

R v Charles Bronson 2001 – Court of Appeal [2001] EWCA Crim 1322. Counsel successfully argued for permission to appeal against the Applicant’s conviction for kidnapping a Prison Teacher on the basis that the Defendant was prevented from relying on the defence of duress of circumstance, while representing himself in the court below.

Wicken v Wicken 1998 [1999] Fam.224; [1999] 2 W.L.R 1166 _ High Court, Family Division. Conflict of laws (procedure), nullity, recognition of overseas divorce

Education

  • Attended Council of Legal Education – Bar Finals (1984)
  • Ba Hons (Law) Ealing College, now Thames Valley University
  • Primary and Secondary Education in Sierra Leone

 

Languages

  • German (working knowledge)
  • French (working knowledge)

 

Memberships

  • Member of the Honourable Society of the MiddleTemple since 1983
  • A member of the Sierra Leone Bar since 1986
  • Approved as a pupil supervisor with the Middle Temple 1993
  • Member of the Bar Human rights Committee (England and Wales) since 2001
  • Included in the list of Deployable Civilian Experts (DCE) with the Foreign Office in post conflict
    countries since circa 2010
  • Member of a panel of experts working with UNDP and ABA on International legislation since 2014