An experienced criminal solicitor has been cleared of encouraging his client to provide a misleading defence.
The Solicitors Disciplinary Tribunal heard that Shahid Ali was retained to defend a former professional Pakistan cricketer who was facing charges of conspiracy to bribe players in the 2016 Pakistan Super League. The client had initially denied involvement in bribing any players before changing his plea mid-trial, following the playing of a covert recording of an incriminating conversation at a restaurant meeting.
The Solicitors Regulation Authority alleged that Ali, who was admitted as a solicitor in 1995 and had been a partner with Manchester firm Osborn Knight, knew that his client was guilty and asked him to fabricate a story that the meeting was about the sale of cricket bats. The client later gave evidence to the tribunal that Ali ‘was trying to make up a story’ and ‘lie about them in court’.
Ali submitted there was no cogent evidence to support the SRA’s allegation and pointed out to the tribunal that the client on which this case relied was a convicted fraudster who had lied to his legal team and the court. Ali’s paralegal gave evidence that he had never put pressure on the client to plead not guilty or said he might be guilty, with the cricket bat defence raised by the client, not Ali.
The tribunal found nothing to support the allegation that Ali encouraged the client to provide a misleading defence. Instead it was found that the client consistently provided instructions since his arrest to contest the charges.
The SRA further alleged that Ali had acted dishonestly after listening to an undercover recording related to the prosecution. This recording had been put in evidence by the prosecution, but parts of the conversation were in Urdu and were not transcribed.
Ali, an Urdu speaker, said the audio had been ‘muffled with some parts inaudible’ and there was nothing in it that was useful.
Read more
