Rosamund Horwood-Smart`s wide-ranging criminal practice as a Junior included work for Customs and Excise and prosecuting and defending throughout the South-Eastern Circuit.
In 1982 she acted for a murder suspect in the Calvi Inquest. An Italian Banker had been found hanging under Blackfriars Bridge and after 25 years and two Inquests theories still abound as to whether he was murdered or whether he committed suicide. Among many Serious Fraud cases she successfully defended the Managing Director in the Marconi Fraud 1990 (allegations of fraud by the company and its employees in relation to a Defence contract) and the Chief Executive in the West Wilts Council Fraud (1993). Child abuse and sex cases of all sorts included a number of cases now cited as authorities and led to articles and lectures to fellow practitioners and senior police officers.
Memorable cases in Silk include
R v. Tony Martin (The Times 1 November 2001; 2002 2WLR; 2002 1 CrimAppR 27) - the “Norfolk Farmer” case, prosecuting a man for the murder of a young man and the shooting of another who had broken into his home. She was briefed immediately post-charge and advised that the defendant`s house should be preserved in situ and made an exhibit for the Court and the jury to inspect. The police accepted this difficult and controversial advice which was vindicated by the defendant`s conviction by a local jury after an International media campaign on his behalf.
The Afghan Hijack case in Autumn 2001( CA, 2002) concerned a number of Afghans fleeing from the Taleban in early 2001 and centered on the question whether the defence of duress could apply in those circumstances. The Court of Appeal decided in 2002 that it could.
From 2001-2005 she was instructed by the Treasury Solicitor to lead a team representing soldiers who were giving evidence to the Saville Inquiry at Londonderry into the events of 30 January 1972 or “Bloody Sunday”, as it came to be known. She was engaged full-time on this, the largest and most challenging Public Inquiry of recent times. Her clients ranged from Soldier "L", a private solider involved the shootings, to Field Marshall Lord Carver. There were nearly 30 of them and none of them could be represented by other Army teams. There were many fascinating and difficult issues. Cabinet papers and their background notes were made available to a judicial process for the first time as former government ministers prepared to give evidence; there were ground-breaking arguments on PII, the anonymity of witnesses and the ability of the court to reconstitute itself in London and the challenges and practical difficulties of calling witnesses in conditions of high security to recount events of over 30 years ago were constant.
There are few Silks at the Bar with greater experience of representing clients in challenging and at times physically threatening public inquiries.
Notable Recent Cases in brief
R v M, M and M (01.01.2007, Crown Court) A double murder/life insurance fraud with three defendants (mother, father and their 14-year old Asperger's Syndrome son). "R2S" (return to scene) computer technology was used for the first time to present the evidence to the jury.
The Saville "Bloody Sunday" Inquiry (2001-2005): The largest, longest (yet to report) inquiry of recent times.
The Afghan Hijack case in Autumn 2001( CA, 2002): Duress argument by hijackers fleeting the Taleban.
R v Martin (30.10.2001, Court of Appeal - Criminal Division; The Times, 1 November 2001; [2002] 2 WLR 1; [2002] 1 Crim App Rep 27): Appellant's murder conviction for shooting at two fleeing burglars in his home, killing one of them, was substituted with a conviction for manslaughter.
