|Call date: 1989|
|Email: Paul Rogers||Clerk: Dave Scothern|
Paul Rogers has a proven track record in handling complex investigations, trials and appeals as lead counsel, at both the domestic and international level. He has many years experience as a senior prosecutor at the United Nations International Criminal Tribunal for the Former Yugoslavia (UNICTY) leading cases at both the trial and appellate level. Paul is an experienced senior advocate and trains advocates at both the national and international level in trial and appellate advocacy. He has taught advocacy programmes in the Balkans, The Hague – Netherlands and in the UK. He is an approved advocacy trainer for the Inner Temple.
In his domestic practice Paul has covered a full range of common law work, specialising in complex crime, and regulatory work including health & safety, trading standards, animal welfare and environment crime, including their related POCA proceedings. He was on the Attorney General’s “A” Panel of Prosecution advocates and has handled complex money-laundering, drug importation and VAT fraud prosecutions as lead counsel. Paul has undertaken complex appellate work in the UK. In particular he acted in the Court of Appeal and House of Lords (Supreme Court), in consolidated and conjoined appeals concerning whether trial by courts-martial was compatible with an accused’s right to a fair trial. (See R v Spear, Hastie & Others; R v Saunby & Others  UKHL 31).
Health and Safety/Gross Negligence Manslaughter:
Paul has represented many company directors and individuals charged with gross negligence manslaughter, and health and safety offences as a result of deaths in the workplace. He was junior counsel to the Crown in the prosecution of Railtrack Plc arising from the Ladbroke Grove, Paddington rail crash in which hundreds were injured and 31 died as a result of the failures of Network Rail. Paul has acted for a wide range of companies from multinationals such as Unilever, to mid-range and small companies as well as their directors. His work has covered manufacturers in the steel and food industries, building contractors such as P C Harrington and the Ruttle Group of companies, and waste contractors such as Envirowaste Ltd. Most recently he acted for a metal recycling company prosecuted when a worker had both hands severed in a metal baler. He is currently instructed by SERCO in a prosecution brought by the Maritime and Coastguard Agency arising from the death of a crew-member on the Woolwich Ferry.
Motor related deaths; dangerous/careless driving:
Paul acts for defendants in the road haulage industry, and generally, in cases of deaths caused through dangerous and careless driving. He acted in the cases of: R v Ian Glover, an HGV driver who killed a young woman and seriously injured her fiancée as a result of his dangerous driving whilst surfing the internet on his mobile telephone; R v Rourke, a lorry driver who killed a 69 year old man in a pile up on a slipway off the M4; R v Rose, a lorry driver who lost consciousness, swerved across the road colliding with a car and killing a pedestrian; R v Hussey, a 58 year old woman who lost attention and killed a pedestrian on a crossing.
He represents interested persons including companies, directors and families at inquests. Recent inquests include: 7 day jury inquest into the deaths of two construction workers following the collapse of a gable wall into a trench excavation; 5 day jury inquest into the death of a construction worker who died following surgery in St. George’s Hospital, Tooting, from a preventable pulmonary embolism; 4 day jury inquest into the death of Sarah McClay, a zookeeper mauled to death by a tiger at the South Lakes Animal Park, in Cumbria; an inquest into the death of a young man after jumping from tower bridge in London; a 4 day inquest acting on behalf of care providers into the death of a dementia sufferer who left a care home, and a 2 day inquest acting for a local authority in relation to a death of an elderly man associated with the operation of a care line facility. He is currently instructed in an inquest listed for 6 weeks concerning the suicide of an inpatient at a psychiatric hospital.
Paul represents health professionals including at consultant level, in a range of misconduct and capability hearings before the MPTS, Nursing and Midwifery Council, and internal NHS Trust disciplinary/capability proceedings. He has recently acted for doctors in relation to drug/alcohol misuse and treatments using alternative medicine, and is instructed in capability proceedings concerning the ability of a consultant colo-rectal surgeon.
He was Senior Appeals and Trial Counsel for the Office of The Prosecutor (OTP) (UNICTY) between 2009 and 2014, leading complex factual and legal prosecutions of international war crimes and crimes against humanity involving multiple accused at the highest levels of political and military leadership. Of particular note he led the prosecution response to the appeals of high-ranking military commanders convicted of genocide at Srebrenica in 1995, in the cases of Prosecutor v Popovic et al and Prosecutor v Tolimir. He also prosecuted the first ever re-trial before the UNICTY for multiple murders and torture offences concerning a former prime minister of Kosovo and national war hero - in the case of Prosecutor v Haradinaj, Balaj and Brahimaj.
Paul has recently been instructed by the Isle of Man Government in relation to a complex legal privilege review (LPP) in a substantial fraud investigation. He is advising the DPP on whether she should consent to the issue of an arrest warrant for the offence of torture, a crime of universal jurisdiction. He is also instructed to advise on whether war crimes offences can/should be brought in relation to individuals within the jurisdiction of the UK courts.