Encrochat – Importation of 1 tonne of Cannabis Resin – Immediate Release from Prison

Shuby Murria represented JT at Bristol Crown Court. JT was charged with conspiracy to import 1 tonne of cannabis resin which was due to come from Morocco. JT was charged with 3 others on this case. The Prosecution’s case was that all 4 defendants were the users of Encrypted devices, namely Encrochat. The Prosecution would also state that the 4 defendants were part of a major OCG involved in substantial quantities of cannabis resin. In fact, JT had been arrested in Spain, before being arrested for this charge, for being involved in a shipment of 3.5 tonnes of cannabis resin. Fortunately, JT was granted bail in Spain in respect of these proceedings, and was allowed to return to England.

JT had originally been represented by a leading firm of Solicitors in Nottingham. JT had also been remanded into custody following his arrest. He was very unhappy at how his case was being dealt with, and was referred to SM by another inmate who was at the same prison as him.

An application to transfer JT’s legal aid was made so that his case could be dealt with by SM. Fortunately for JT the Judge agreed that the reasons provided for a transfer of legal aid were sufficient for there to be a change of Solicitor.

Upon the legal aid being transferred SM considered the evidence immediately, and thereafter conducted numerous conferences with JT.

Due to the evidence that JT faced, he was advised by SM to plead guilty. However, the guilty plea would be on a certain set of facts (Basis of Plea). SM based upon JT’s instructions drafted a Basis of Plea which would limit JT’s involvement in the offence. Following protracted discussions with the Prosecution a final Basis of Plea document was agreed.

SM instructed Mr Balbir Singh, Equity Chambers, Birmingham, to represent JT. SM and Balbir Singh have worked together for over 20 years. They have worked together on many high profile, serious cases, and have a very good working relationship.

At the sentence hearing the Prosecution submitted the following to the Judge in relation to the charge:

The messages are consistent with:

  • arrangements to import 1000 kg of cannabis resin from Morocco by sailing yacht to the UK.
  • The intention was then that it be sold on at £3000 – £3500 per KG.
  • Corrupt officials in the Spanish police, customs and port security.
  • Concealment is within a sailing yacht.
  • Purchase of a Rhib to ship the drugs to the shore.
  • The use of encrypted mobile communications devices.

In relation to JT’s role the Prosecution submitted the following to the Judge:

  • The prosecution submit that JT has a significant role, without his skill and experience the offloading of the cannabis far out to sea could not have been carried out.
  • He was to play an operational function within a chain and he was motivated by financial advantage. His experience of such operations would have meant that he would have had some awareness and understanding of the scale of the operation.
  • For a significant role, category 1 offence the starting point is 5 years 6 months custody, with a range of 5-7 years custody.

Mr Balbir Singh, with the assistance of SM, made detailed submissions in respect of each point made by the Prosecution. The mitigation advanced by Balbir Singh was described by JT as follows:

‘….. that was so amazing, I have never heard anything like that before in all my years….’.

Following a short adjournment, so that the Judge could consider the submissions, the Judge imposed a sentence of 18 months imprisonment for JT. This meant that JT was released from the prison the very same day that he was sentenced. JT had spent just under 10 months on remand; therefore, he had already served the 9 months he would have to serve of the sentence imposed. JT was able to travel home from prison to be with his family on the day of sentence.

The other 3 defendants received sentences of 5.5 years imprisonment, 3.5 years imprisonment, and 3 years imprisonment – they were NOT represented by SM.

Another exceptional outcome for SM and one of the many clients he has represented on Encrochat cases. SM has been instructed on over 25 Encrochat cases nationwide. He is seen to be one of the leading Solicitors in England dealing with Encrochat cases, as well has other serious and high-profile cases.

In November 2023 SM had 2 other cases which led to favourable outcomes for his 2 clients.

At Birmingham Crown Court SM represented a client, AK, in a substantial firearms conspiracy which was investigated by the NCA. There was in excess of 13,000 pages of evidence in this case. On day 4 of trial, following representations being made the Prosecution (Kings Counsel and Senior Junior Counsel) dropped the case against AK. That brought to an end a 3-year nightmare that AK had endured. (Full blog to follow)

At Bolton Crown Court (transfer from Manchester Crown Court) SM represented ZF in a substantial case involving Class A & B drugs. In total there were 5 defendants. The Prosecution alleged that the defendants were part of a serious OCG supplying large quantities of Class A & B drugs. This case involved in excess of 30,000 pages of evidence. On day 3 of trial the case was dropped against ZF. (Full blog to follow).

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