Rosalind Emsley-Smith

Notable Cases

• INQUESTS

  Inquest into the death of LB. This was an Article 2 death in custody case with numerous IPs due to the movement of LB prior to his death. The case lasted 6 days. For the CRC.

• Inquest into the death of RG. This was a 3 week Article 2 death in custody case in which there were a number of failings by a number of agencies which complicated the process with individual becoming IPs throughout the 3 week hearing. For the family.

• Inquest into the death of AR. A death in a half way house treatment centre. For the company.

• HSE v Riaz Ahmad

  HEALTH & SAFETY

  The HSE investigation and prosecution followed the collapse of a large three storey Victorian which was in the process of being turned into a Shisha bar. Multiple fatalities were narrowly avoided.

• HSE v Scrappers Limited

  The HSE investigating and prosecution followed a serious accident at the Scrappers Yard which was featured in the BBC fly on the wall documentary about the Bolton Scrap Yard. The injured party was left with permanent scarring.

• HSE v Siteweld Construction.

  Fatal HSE prosecution following a crane collapse. Defence.

• HSE v Capita Properties

  Fatal HSE prosecution, led junior for defence

• HSE v Carter Brothers

  Fatal HSE prosecution, defence

• EA v Allison

  ENVIRONMENT AGENCY

  The EA investigation and prosecution followed persistent and large scale illegal fly tipping on farm land in Burnley. The defendant was made subject to a Regulation 44 order at sentence which he failed to comply with, The EA pursued contempt of court proceedings and the defendant was imprisoned for 6 months.

• EA v Harron Homes

  The EA investigation and prosecution followed a serious illegal water discharge incident on a construction site in Huddersfield. The defendant company entered guilty pleas but what followed was detailed counter submissions and legal argument regarding the basis upon which the company were to be sentenced and the sentencing guidelines.

• GMC -v- Dr O

  PROFESSIONAL DISCIPLINE

  Dr O was facing allegations amounting to misconduct on the basis that on two occasions he contacted his employers to report that he was too unwell to work but in fact performed locum shifts elsewhere. Additionally he failed to inform his employer that a clinical attachment had concluded and so was paid for a three month period of work he did not perform. Dr O sought to rely on technicalities in his contract of employment to justify his conduct. Dr O also faced allegations of clinical misconduct in that he failed to diagnose a patient with a significant post biopsy bleed.

• GMC -v- Dr W

  This case involved allegations of a complex nature regarding the care provided by a Consultant Clinical Oncologist. The case involved particularly dense expert medical evidence and an ability to be flexible in approach throughout the twists and turns of the case.

• GMC -v- Dr P

  Represented the GMC against a Doctor who was facing a wide range of clinical allegations regarding his work as a Consultant Plastic Surgeon at a private clinic in Preston. The witnesses were made up of number of woman who were unhappy with the results of surgery and obviously detailed expert evidence was required in this case. The doctor also faced allegations of dishonesty in that it was alleged and found proved that he had falsified medical records to cover up his errors. The case lasted in the region of five weeks. The doctor was erased from the medical register.

• GMC -v- Dr B

  Dr B faced allegations of misconduct in that he used his position to pursue an emotional relationship with a patient. He further faced allegations relating to the inappropriate writing of prescriptions for the same patient.

• R v Whiteley

  CRIME

  6 week cocaine conspiracy following operation Jennet. A large scale investigation into County lines large scale drug distribution.

• R v Greening

  5 week trial relating to historic abuse allegations dating back to the 1970s following a very large investigation into residential schools in Cumbria.

• R v Corrigan

  A money laundering allegation following industrial scale theft by prison officers working at Forest Back Prison.

• R v KF

  S18 with a claw hammer.

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• R v JC

  Secured the acquittal of a former teacher charged with nine charges of historical indecent assault and two serious sexual offences.

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• R v KB

  Defends client who was later acquitted of 22 counts of rape and sexual assault.

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• R v L

  Secured the acquittal of a woman charged with seven counts of engaging in sexual activity with a child.

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• R -v- TC

  The case was a theft in breach of trust.

  The defendant stole £20,000 from her daughter's bank account having been entrusted with the bank card to ensure her daughter didn't dip in to the money. The defendant's daughter was saving for her wedding and had put her inheritance from her father in the account.

  The Judge was persuaded to suspend the 12 month sentence of imprisonment.

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• R v Walsby-Tickle

  Led Junior, first on the indictment in respect of a fraud against the NHS by an optician. The value of the fraud being well in excess on £1 million.

• R v Adnan Kanj

  Led Junior in respect of a six month money laundering trial linked to a multi million pound MTIC fraud.

• R v Terri Ann Davies

  Led junior defending in an allegation of perverting the course of justice arising out of a 5 handed murder.

• R v Crossley

  A three month trial where my client was facing allegations of assisting an offender. The offender in question was charged with murder and kidnap following a violent gang attack. The body was never found.

• R v Stephenson

  Historic rape allegations from 3 family members. This case involved complicated issues relating to the interrelationship between fitness to plead and having capacity to take part in court proceedings pursuant to the Mental Capacity Act 2005.

• R v Johns

  16 counts of Rape and indecent assault on 3 young boys. Defending.

• R v Aikman

  Rape and Indecent assault X10 with 3 complainants. Defence.

• R v Aydin

  A taxi driver charged with raping a patient he had collected from a psychiatric hospital. The trial judge commented that he had been represented with “conspicuous ability”.

• R v Palmer, Smith and others

  Five handed conspiracy to supply class A drugs, undercover police investigation, led junior for the defence.

• R v Scott.

  Five allegations of armed robbery of Manchester City centre bookmakers.