Brian Swan is a Consultant at Stokoe Partnership Solicitors. Brian has a strong track record as a thorough and talented lawyer preparing a wide range of cases within the firm’s criminal litigation department. He has extensive experience dealing with cases involving the most serious of criminal offences, ranging from murder to large scale importation of drugs. Brian’s other areas of expertise include cases involving extradition, regulatory offences and other complex fraud cases and confiscation proceedings. Recent cases of note include; Representing a client who was extradited to the UK from Spain in respect of an allegation of murder. The client had evaded arrest for 8 years before being extradited to stand trial. At trial the defendant was acquitted and his co defendant, who was due to stand trial before our client had been extradited and had blamed him, was convicted. Representing three clients post conviction who had been sentenced to life imprisonment following their convictions for conspiracy to murder. At their Appeal the Court quashed their convictions and a re trial was ordered. At the subsequent retrial, the Crown’s disclosure process was placed under intense scrutiny which resulted in the Crown offering no evidence following legal argument. Representing a client in respect of a Conspiracy to murder. The client escaped from custody whilst on remand and became the first Category A prisoner in 15 years to do so. Following his escape, and return to the UK the client was acquitted. Representing a client alleged to have been involved in a multi kilo conspiracy to import Class A drugs into the UK from South America and South Africa. A successful half time submission of no case to answer was made to the Court that as our client had failed to reach an agreement with his co-defendants he had not conspired with others to commit the offence. Representing two clients alleged to be drug barons who evaded capture for over a decade with estimated turnover of their business of £1 billion. On their arrest Law Enforcement Authorities had seized over £5million in cash which at the time was one of the largest cash seizures in the UK. After lengthy negotiations we were able to settle the case with a combined order of £2 million, instead of the £28 million hidden asset Order the Crown originally sought. Representing a client who was subject to confiscation proceedings following his conviction for the production of a class B drug. We were able to agree to a “full benefit” Order being made against him in the sum of £411,555.98 as opposed to £4million originally sought by the Crown. Representing a client whose extradition was sought by Belgium under an European Arrest Warrant for offences of drug trafficking, money laundering and being part of a criminal organisation. The proceedings lasted in excess of 6 years with no less than 4 separate EAW’s being issued and all of them were successfully opposed and were discharged either by the Magistrates Court or Administrative Court. The client’s extradition was originally sought under an accusation warrant requesting his extradition to Belgium to stand trial. Whilst the EAW was being challenged in the UK Courts the Belgian Prosecutor had proceeded to trial against our client in his absence in Belgium which resulted in convictions in Belgium. The Belgian Authorities then sought his extradition under a new conviction warrant. The Administrative Court condemned the conduct of the Belgian Authorities in convicting a suspect whilst they were exercising their legal right to oppose their extradition and discharged the conviction warrant.
