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Mark Emery, an associate at Bindmans LLP, acted for Halima Aziz, the Crown Prosecution Service (CPS) lawyer who was awarded a record £600,000 after being wrongly accused of inciting a riot, expressing anti-American sentiments and associating herself with Osama bin Laden. She was cleared of the allegations in 2002; this month she was awarded compensation and legal costs. The CPS was ordered to issue a full and unequivocal apology and to reinstate Ms Aziz.
What were the main challenges in this case and the possible implications?
Halima Aziz faced the main challenges in this case, fighting on her own through to the Court of Appeal where she represented herself and was successful. I was brought in at a later stage by her union, the FDA (formerly the First Division Association), when the main fight was about the compensation she should be awarded. The tribunal was clearly disgusted at the treatment that Halima had experienced from the CPS for the past seven years.
Importantly, in its findings on the aggravating features of this claim, the tribunal concluded that there was a deliberate withholding of vital evidence from the tribunals and Court of Appeal by senior managers within the CPS. This is a grave finding for the CPS; we now want to know why they withheld evidence, whether or not this is a widespread practice and whether anyone will now be held accountable.
What was your worst day as a lawyer?
Advocating a case that went down the tubes — after I’d told my client that it was a sure-fire win. I’ll never give that advice again.
What was your most memorable experience as a lawyer?
Fighting a case and getting a large award of damages after a negative assessment of prospects from several other firms.
Who has been the most influential person in your life and why?
My parents and family. Professionally, Shane Sayers, at Kennedys, whom I worked with for several years as a paralegal, trainee and junior solicitor; larger than life, he took an interest in all around him and he gave me confidence in my abilities — he’s a real leader and a great lawyer.
Why did you become a lawyer?
I qualified in my early thirties, having left school with few qualifications and having spent many years avoiding the idea of a career. It was the right job at the right time.
What would your advice be to anyone wanting a career in law?
First, make sure it’s the job for you — plenty go into it and regret it. Secondly, pick a practice area that you enjoy and you will be good at — don’t just follow the money. It’ll take over your life at times.
Where do you see yourself in ten years?
More of the same, hopefully a little higher up the chain.
l_tsang@hotmail.com
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