Tribunal rejects core allegation but fines solicitor over dishonest handling of client cash
A criminal solicitor has been cleared of allegations that he encouraged a client to fabricate a defence in a prosecution arising from alleged match fixing in professional cricket.
The case was heard by the Solicitors Disciplinary Tribunal following proceedings brought by the Solicitors Regulation Authority against Shahid Ali, who was admitted as a solicitor in 1995.
The tribunal was told that Ali was instructed to defend a former professional Pakistan cricketer charged with conspiracy to bribe players during the 2016 Pakistan Super League. The client initially denied involvement in bribery but changed his plea during the trial after the prosecution played a covert recording of a restaurant meeting.
The SRA alleged that Ali knew his client was guilty and asked him to fabricate a defence that the meeting concerned the sale of cricket bats. The client later told the tribunal that Ali was attempting to invent a story and encourage him to lie in court.
Ali denied the allegations and submitted that there was no cogent evidence to support the regulator’s case. He told the tribunal that the client was a convicted fraudster who had previously lied to his legal team and to the court. Evidence from Ali’s paralegal stated that Ali had never pressured the client to plead not guilty or suggested he might be guilty, and that the cricket bat explanation originated with the client rather than the solicitor.
The tribunal found no evidence to support the allegation that Ali encouraged the client to provide a misleading defence. It concluded that the client had consistently instructed his legal team to contest the charges from the point of arrest.
The SRA also alleged that Ali acted dishonestly after listening to an undercover recording relied on by the prosecution. Parts of the recording were in Urdu and were not transcribed. Ali, who speaks Urdu, said the audio was muffled and partly inaudible and that there was nothing of use in it.
When the recording was later played in court and translated by another Urdu speaker, it was audible and showed evidence of the client’s guilt. Ali told the tribunal that improved courtroom acoustics allowed words to be heard that were not apparent when he listened to the recording previously.
The tribunal said it could not determine what Ali did or did not hear and rejected the allegation that he had provided misleading information.
However, the tribunal found Ali had acted dishonestly in relation to £15,000 cash held on behalf of the client. He had told the client’s wife the money was for legal fees, which was untrue. Ali said he had been asked by the client to mislead her and believed he was acting in his client’s best interests.
The tribunal described the misconduct as serious but isolated, referring to it as a “moment of madness”. It fined Ali £40,000 and ordered him to pay £30,000 in costs, deciding not to suspend or strike him off.