KEVIN METZGER

Kevin Metzger

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1984 (UK)

1986 (Sierra Leone)

Deputy Head of Chambers

Public access: Yes

Practice Areas

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

PERSONAL STATEMENT

Kevin has always had an ardent interest in International Human Rights law and Civil Liberties. His practice, spanning 36 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.  

Kevin 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 that raised concerns about the use of ‘cluster bombs’ in armed
conflict.

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 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.

R v Kemp – (2021) – Central Criminal Court – Murder. Led by Karim Khalil QC. D had gone to a police station some 35 years after the deceased had been killed and confessed to the murder.

R v Bowman – (2021) – Warwick Justice Centre – Murder (two trials) Led in final trial by Michael Ivers QC. D was acquitted by the jury.

R v Thomas – (2021) – Birmingham Crown Court – Possession of firearm and conspiracy to supply Class A drugs. D acquitted on firearms, jury unable to agree on conspiracy after 6 week trial. Due for retrial in 2022.

R v Hamilton – (2020) – Nottingham Crown Court – Rape and Sexual offences (13 Counts). Acquitted on 2 counts. Permission to appeal granted on 7 counts. Successful appeal on 5 counts where Court of Appeal accepted submissions that the judge had erred in law in his direction to the jury.

R v Chorazewski – (2019/2020) – Wood Green Crown Court – Attempted Murder (2 trials). D acquitted of murder and S.18, convicted of S 20.

R v Bedward – (2019) – Birmingham Crown Court – Murder (led by Andrew Fisher QC)

R v Roxsana – (2019) – Southwark Crown Court – Conspiracy to defraud. Leading Junior (3 month trial). Secured non-custodial sentence.

R v Nakuya – (2019) – Woolwich Crown Court – Kevin Metzger secures an acquittal at Woolwich Crown Court after 3 week trial for woman accused of aiding and abetting a direct payment fraud on the Royal Borough of Greenwich.

R v Francis – (2018) – Birmingham Crown Court – D was charged with conspiracy to sell or transfer prohibited firearms & conspiracy to sell or transfer ammunition; four handed case prosecuted by two experienced Junior Counsel.

This case involved complexities concerning disclosure and PII. There was information the Crown did not wish to disclose pursuant to my requests. The information would have disclosed police methods and was contained in covert police operations. It was crucial to D’s case for the jury to know enough of the information to ascertain that D had never been a subject and was not seen in the course of these operations.

I made submissions following a prosecution PII application which resulted in disclosure of what I was seeking and that there had been surveillance on the industrial estate for an undisclosed period. This enabled me to produce Agreed Facts that were accepted by the prosecution which supported a strong defence speech. Mr. Francis was the only defendant acquitted by the jury.

R v Harris – (2018) – Bradford Crown Court – D was charged with Violent Disorder in a ten handed case. He was one of 3 brothers charged in a case that arose out of an altercation in a Yorkshire Public House which ended in the death of a young man, run over by a car driven by D1. The case was before the presiding judge of the North Eastern Circuit and was prosecuted by Queens Counsel, as were D1 and D2. It attracted large scale publicity, being reported in the national press.

There were multiple witnesses and more than 10,000 pages of evidence were served electronically, largely relating to telephone contact between D’s group (cell site and GPS data) to follow their movements in the hours leading up to the final confrontation in the park. I meticulously perused this material to show D had only joined the group minutes before the incident. I successfully persuaded the judge to exclude damaging ‘bad character’ evidence relating to an unsubstantiated allegation against D and some ‘facebook’ material of an insensitive nature.

Achamma Kunnenkeril v Mayor & Burgesses of The London Borough of Enfield (2017)
The claimant was an experienced and successful foster carer, who was registered to have a maximum of two children in her care at any one time. The matter was heard in the High Court (QBD). She was looking after two children, both known to cause self-harm. The Council made a special allowance to place a third child with her – an emergency. After a few incidents, notified to the Council, in what the judge later described as a ‘significant assault’, the child struck a hard blow to the back of the claimant’s neck and was quickly removed.
The claimant became clinically depressed, was treated for this condition but felt unable to continue fostering children. The claim was then brought. I was instructed after papers had been filed. The Local Authority sought to strike out the application on the basis that the claim was not justiciable as they were carrying out a statutory duty. I obtained leave to amend and successfully defended the strike out application [2017] EWHC 1779 (QB)

R v Crittenden – (2017) – Chelmsford Crown Court – This case involved allegations of Attempted Murder and Causing Grievous Bodily Harm. D was alleged to have attacked her aunt with a knife, nearly killing her. This was a serious case that had attracted national publicity and led to severe tension in the travelling community in the Wickford Area. The deceased had been shot by D’s husband following what started as a family dispute due to a disagreement between children. I was led by Queens Counsel having successfully applied for an extension of the Representation Order.

R v Ali Balogun 2014 – 2016 – Inner London Crown Court – I led Ms. Rina Marie Hill for the defence in two trials where D was prosecuted by Southwark Council (LBS) for an offence of Misconduct in Public Office. The first trial concluded with the Jury being unable to reach a verdict (Oct.2014-Feb.2015). The second trial took place between January and April 2016. D was convicted, along with the four others she was tried with. It was alleged that she, as a Homeless Housing case worker, had processed applications from applicants who were not entitled to be housed by the Local Authority.

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

  • Attended Council of Legal Education – Bar Finals (1984)
  • Ba Hons (Law) Ealing College, now Thames Valley University
  • Primary and Secondary Education in Sierra Leone
  • German (working knowledge)
  • French (working knowledge)
  • 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
  • Deputy Head of Chambers
  • Head of pupillage Committee

Law Friends Society 2020 – Kevin Metzger – Joint enterprise and Jogee update:

Kevin Metzger appears as a guest on Life in Focus with Stephen Akinsanya – Crime prevention, joint enterprise – Guilty by association?

http://youtu.be/n4k7EXxb_WM

SBN – Ibrahim Sheriff speaks to Kevin Metzger on the Ecowas Court ruling:

Criminal Law

Criminal Law

Extradition Law

Extradition

Regulatory Law

Regulatory Law

Immigration Law

Immigration Law

Family Law

Family Law

Public Law

Public Law & Judicial Review

Domestic International

Domestic & International

Corporate & financial Crime

Corporate & Financial

International And Business Law

International Business Law

Employment Law

Employment Law

Prison Law

Prison Law

Licensing

Licensing

Inquiries and Inquests

Inquiries & Inquests

Sports Law

Sports Law