Mark Cotter

Year of Call: 1994

Mark has developed a formidable practice over the past seventeen years and is regularly instructed as lead Counsel for both the prosecution and the defence. The core of Mark’s practice is heavy fraud work (including confiscation) together with organised crime and serious sexual offences.

He is instructed by the London CPS, the Central Fraud Group and is in demand with a number of London's leading criminal defence firms. He was recently described by the trial judge of a substantial fraud case as; 'an advocate of high quality' and his conduct of a multiple-defendant appeal (where the Registrar of Criminal Appeals assigned Mark to represent four defendants in a group appeal) was described by the Court as; 'a model as to how the Bar should act in such cases'.

Mark has acted in many cases prosecuted by the Serious and Organised Crime Agency division of the CPS and has extensive experience of dealing with issues arising under the Regulation of Investigatory Powers Act 2000.

Mark also receives instructions from defence solicitors in relation to proposed referrals to the Criminal Cases Review Commission and from the CPS Central Appeals Unit. Mark also undertakes direct access cases in relation to criminal appeals.

Mark is ranked for his defence work in Chambers and Partners. He is also a Grade 4 advocate within the Unified Prosecution List and is additionally included on the rape panel of approved advocates.

Professional Memberships

Criminal Bar Association

Pupil supervisor

Yes

Specialist Practice Areas

• Crime
• Fraud
• Asset Forfeiture & Confiscation
• Sexual Offences
• Direct Access Representation
• Direct Access - How to Proceed

Cases of Note

• David Cartwright T20080220 (Crown Court)
  Fraud
• R v. Tinsley and others (2011) – Leading Junior for the first defendant in a nationally reported, three-handed murder, where the body of the deceased was kept in a flat for a number of days before being disposed of via a wheelie bin.
• R v. Garbaczewski (2011) – Led Junior for the first defendant in a two-handed murder involving issues of male-on-male sexual provocation.
• R v. Rahimi and others (2009) - Led junior for the defence in a ten-handed gang related murder. Mark’s client was acquitted of murder but convicted of lesser offences. Mark was assigned by the Registrar of Criminal Appeal to replace Queen’s Counsel in the appeal against conviction proceedings due to the non-availability of Queen’s Counsel and the fact that Mark had individually settled the grounds upon which leave had been granted.
• R v. Wahid Hussain and others (2011) - Junior alone for the defence in a ten-handed conspiracy to defraud. The case involved car clocking on an industrial scale and money laundering through mortgage instruments. The case was one of the few, to date, which have been disposed of by way of a serious fraud plea agreement, which included all confiscation findings.
• R v. Spicer and others (2010) – Leading Junior for the Prosecution in a successful prosecution brought jointly by the Central Fraud Group and Trading Standards. This nationally reported case involved the provision of fraudulent betting services on a massive scale and international money laundering. Mark was also instructed to act alone against Queen’s Counsel in the Court of Appeal. The appeal proceedings involved alleged jury irregularities and issues as to proper calculation of loss in such cases. Mark successfully resisted all appeals and is currently instructed to lead for the Crown in the follow on confiscation proceedings.
• R v. Hawes (2010) – Junior alone for the defence in a five-handed
  NHS procurement fraud. Mark was privately instructed and successfully represented the defendant, who was the non-executive director of an NHS trust.
• R v Chen (2009) – Leading junior for the Prosecution in a conspiracy to defraud. The case involved a series of highly complex mortgage frauds and bridging loan frauds. Mark was instructed by the Central Fraud Group. Post-conviction, Mark was also instructed to lead for the Crown in the follow on confiscation proceedings.
• R v. Cartwright (2009) – Leading junior for the Prosecution in a Charity fraud, carried out over ten years. The defendant was the leader of Redditch Council and a political associate of Jacqui Smith MP, which resulted in the case receiving national publicity. The investigation spanned a number of years. Mark was instructed by the Central Fraud Group. Post conviction, Mark was also instructed to lead for the Crown in the follow on confiscation proceedings.
• R v. Joanne Hillman (2008) – Junior alone for the defence in the Katie Price (AKA ‘Jordan’) ‘nanny fraud’. The trial collapsed after Mark’s submissions on material non-disclosure by the Department of Work and Pensions.
• R v. B (2011) – Currently instructed to defend a man accused of conspiring to hack into the United Nations Central Computer in order to steal €4 million worth of exchangeable carbon credits.
• R v. Mehmet and others (2010) – Leading junior for the first defendant in a four-handed trial resulting from a Serious Crime Directorate investigation. The case involved allegations of kidnap, assault and blackmail. The trial collapsed following the successful resisting of a hearsay application in relation to the central complainant.
• R v. Greenwood (2009) – Leading junior for the first defendant in a six-handed conspiracy to import several tons of cannabis. Mark successfully appealed the sentence imposed and was instructed to act as leading junior for the defence in the confiscation proceedings that followed.
• R v. Daryl Hewitt (2009) - Leading junior for the first defendant in a three-handed conspiracy to rob including over fifty allegations of armed robbery and associated offences. Mark’s client was acquitted of all charges he faced.
• R v. Nwaibo and others (2008) – Leading junior for the prosecution in a seven-handed gang related attempted murder. Following this successful prosecution, Mark was also instructed to lead for the prosecution in the follow on trial of three further defendants.
• R v. Ayshford and others (2008) – Leading junior for the first defendant in three-handed prosecution, principally involving allegations of conspiracy to supply class ‘A’ drugs. Mark’s client was also charged with punishment rape. During the trial Mark unearthed the fact that the main complainants were themselves involved in a parallel conspiracy, of which the police had been unaware. Following the acquittals a police review was carried out to ascertain the lessons to be learned.
• R v. Holmes (2008) - Junior alone for the defence in a seventeen-handed conspiracy to import and supply cocaine.
• R v. Orphe and others (2006) – Leading junior for the third defendant in a six-handed conspiracy to import 40 kilograms of heroin together with conspiracy to supply 90,000 ecstasy tablets and unquantifiable amounts of cocaine. Two defendants turned Queen’s Evidence. Mark’s client, was the only defendant to be acquitted and Mark is now separately instructed in a CCRC review on behalf of the first defendant. Serious Sexual Offences
• R v. Preston (2011) – Junior alone in relation to a cold case review of an attempted rape allegation dating from 1977.
• R v. Yarmak (2009) Junior alone in allegation of stranger rape. Successful half-time submission, having identified true assailant through detailed case analysis.
• R v. Bruce (2008) – Leading junior for a teenage defendant charged with assault by penetration. Mark was privately instructed as a leading junior in the re-trial of this case. He replaced Queen’s Counsel, who had conduct of the first trial but was unavailable for the retrial. An acquittal followed.
• R v. Cahill (2007) Junior alone in an allegation of oral rape involving very young children. Successful half-time submission after Mark’s cross examination of the twelve-year old complainant cast doubt as to whether the incident complained of took place before or after the implementation of the Sexual Offences Act 2003 (thus creating insurmountable doubt as to whether the offence of oral rape existed at law at time of incident).
• R v. Aldridge (2010) – Junior alone in successfully defending an Olympic diver charged with assault.