Sebastian Gardiner

Barrister

Sebastian Gardiner is a leading junior in chambers. He is regularly instructed in all areas of serious crime, predominantly allegations of murder, large scale drug supply and importation cases as well as major fraud offences. Recommended in Chambers UK 2023 and the Legal 500 2023.

He has developed a particular expertise in offences under the Misuse of Drugs Act and has been involved some of the largest drugs cases in the UK.

He has developed a particular expertise in prosecutions linked to Operation Venetic and evidence obtained from the Encrochat communications network. He has lectured in this field to the members of the legal profession and has been instructed in dozens of Encro cases as well as a number of appeals.

Sebastian has a keen interest and expertise in issues surrounding the right to protest and to lawful assembly. He has provided advice on police powers and prosecutions for matters relating to civil disobedience and non-violent direct action.

He is Head of Pupillage in chambers and was previously the chairman of the crime group the Society of Labours

Sebastian is qualified to accept instructions via Direct Access.

Recommended as a leading junior in crime in Chambers UK

Associated Work

Lectured on various aspects of Misuse of Drugs Act and Encrochat cases/the Investigatory Powers Act
Edited publication for RELEASE and other organisations.
In house lectures on Criminal Procedures and Investigations Act [1996], and Criminal Justice Act [2003].

Professional Memberships

Criminal Bar Association
Society of Labour Lawyers
RELEASE
The Howard Reform League
Liberty
Association of Regulatory and Disciplinary Lawyers (ARDL)
Chambers Ambassador to the Bar Council

Drugs and Organised Crime

R v Thomas Payne [ILCC] - Represented the leading defendant in conspiracy allegedly concerning the importation of over 1000 kilos of cocaine in two separate conspiracies. At the first trial the defence challenged the reliability of the Encrochat evidence by cross examination of Luke Shrimpton. .Jury could not reach verdicts.The case involved a vast amount of evidence from the UK, Spain and Holland.
R v Jonathan Lynn [Maidstone CC] – Lead defendant charged with importation of cocaine hidden in frame of lorries. Case relied on Encrochat evidence as well as evidence of seizures. Crown allege in excess of 100 kilos brought into the UK and distributed within the indictment period.
R v Elijah Stokes [Birmingham CC] Instructed as junior counsel in Conspiracy to murder in relation to alleged contract killings to be carried out in behalf of a male based in Dubai but alleged to control of major part of the UK drugs market. Case unusual as it involves Encrochat evidence obtained from Dubai.
R v Shahu (Warwick CC) – Importation of hundreds of kilos of cocaine from Peru concealed in structure of shipping containers. Crown claim extensive Albanian network came into dispute with UK based crime group following loss of 139 kilos.
R v Miseldine (Croydon CC) – Leading counsel in one of the first cases prosecuted following Operation Venetic. The allegation concerned allegations of large scale drugs supply across the South of England.
R v Mitchell (Luton CC) – Lead counsel in a case reliant on Encrochat evidence and further evidence of drugs seizures and shootings between rival gangs. The trail Judge upheld submissions of no case to answer on the basis that insufficient evidence of agreements being reached.
Bush & Others [Northampton CC] - Represented the lead defendant in a far reaching conspiracy to supply cocaine across south of England. Crown alleged over 30 kilos of high quality cocaine, adulterated to over 100 kilos.
R v Stantiford & Others [Chelmsford CC] - First defendant involved in supply of large quantities of cocaine using network of suppliers and couriers.
R v Langdon & Others - Case concerned sophisticated evasion of duty in excess of £10m on tobacco products, imported into the UK hidden in kitchen electrical units.
R v Luca & Others [CCC] - Crown alleged defendant was the lead conspirator in the importation and distribution of high purity cocaine from Spain.
R v Adam & Others [CCC] - Case involved network involving supply of drugs to cities and towns across 5 counties in UK on a vast scale. Investigation culminated in seizure of over 30,000 wraps of drugs ready for distribution.
R v Marshall & Others [Birmingham CC] - Allegation of supply of cocaine across the UK. One of the largest prosecutions undertaken by Nottinghamshire police. Defence case involved allegations of police corruption and non-disclosure which resulted in two juries’ being discharged and disciplinary proceedings against serving officers.
R v Burns & Others [Basildon CC]: Two interlinked conspiracies to supply large quantities of cocaine and to launder the proceeds, which ran into millions of pounds.
R v Ridgeley & Others [Croydon CC] - Alleged conspiracy to supply cocaine and cannabis, which culminated in the siezure of nearly one tonne of cannabis imported from Spain and Holland and the finding of more than £1.5m in cash. Crown's case was that defendants ran a drugs supplying network across UK for number of years generating millions in profits.
R v Franks & Others - Trial concerning alleged conspiracy to supply vast quantity of chemicals and cutting agents to drugs dealers across the UK. The defendant was said to be a regional supplier of chemicals used to extract cocaine from clothing, plastics and other items. He was charged with 4 counts under section 46 of the Serious Crime Act [2006] and Court of Appeal rulings required at outset to determine propriety of prosecution.
R V Sevill [Southwark CC] - Leading counsel for first defendant involving conspiracy to supply cannabis. Case involved allegation of the importation of tonnes of cannabis from Holland and reported as being the largest of its kind in England.

Homicide and associated offences

R v Kasim Lewis (CCC) – Represented a ‘serial killer’ who carried out random and sadistic attacks on women in North London. The defendant had a a number of psychiatric and medical issues and was eventually sentenced to life imprisonment with a. minimum term of 46 years.
R v Mohamed (CCC) Murder and two counts of attempted murder following shootings in Turnpike Lane/Palmers Green in North London.
R v Omar [CCC] - Gangland “execution” of rival drug dealers as part of going dispute. Victim shot sat in car.
R v Lewis [CCC] - “Sadistic” murder and robbery of young woman in Finsbury Park on Christmas Eve.
R v Rodriguez & Others [Stafford CC] - Murder as part of ongoing dispute between Polish nationals linked to drugs and other crime in the Midlands.
R v Darko [CCC] - Defendant faced counts of numerous armed robberies committed across London over a 12 month period.
R v Patel: Gangland revenge murder and attempted murder trial involving killing of 16 year old in Poplar, East London.
R v Rossi [CCC] - Armed robber who was already subject to two life sentences for attempting to kill police officers, armed robbery and associated offences. Described by the flying squad as being one of the most violent offenders they had ever dealt with.
R v Kambaraini [Luton CC] - Attempted murder of mother in law as part of ongoing dispute re loss of custody of child.
R v Ellerbeck [CCC] - Defendant, a successful banker with HSBC, accused of murdering his wife having bugged her phone, home and car.
R v Cato and others [CCC] - A ‘gangland execution’ where deceased had fallen out with other gang members. Murder organised by first defendant from cell at HMP Belmarsh.
R v Barzey & Others [CCC] - Twelve handed trial for murder and attempted murder.
R v Davies [Birmingham CC] - Manslaughter involving punishment ritual, deceased eventually drowned.
R v Hughes and others [Bristol CC] - Nine handed conspiracy to murder. The trial lasted five months where allegations were that there had been gang ‘hits’ in London and Bristol on the same night, resulting in two deaths and life-threatening injuries to three others.

Reported Cases

R -v-Joseph - Section 34 direction for youth following advice of his solicitor to remain silent
R -v- Mason & Cummins - Concerned a prisoners right to peaceful protest
R -v- H Considered the compatibility of defence of lawful correction with ECHR
R v Mansende - IPP length of sentence for young offender
R v Rossi - Length of life sentence where appellant already subject to two previous life sentences

Fraud and Financial Regulation

R v Dragoi (Southwark CC) – Leading counsel in 12 week multi handed human trafficking case. Crown alleged involving workers brought from Romania, housed in network of addresses in the UK and exploited by working on building sites.
R v McCaul [Southwark CC] - Leading counsel in £45m fraud (one of four linked trials) re: excise duty owed for bonded alcohol. Defendant alleged to have set up and operated a front company, which was used to launder proceeds of the fraud.
R v Virdi [Blackfriars CC] - Leading counsel in sophisticated fraud where money stolen from various bank accounts and onpine accounts and the laundered through network of accounts using stolen/cloned ID’s. Defendant worked for two UK banks and said to have been the “inside man”. Customers profiled and targeted based.
R v Patel [Southwark CC] - Leading counsel in alleged conspiracy to defraud Royal Mail of in excess of £12m in lost revenue over 5 year period. Defendant worked in the Revenue Protection department and said to have been instrumental in system whereby business customers avoided paying monies owed for RM services.
R v Gnanaseelan [Southwark CC] - Alleged cash for crash fraud involving serving police officers who organised a fraudulent claims for staged or non existent accidents. A series of such claims were made following ‘crashes’ in South London.
R v Jackson [Southwark CC] 3 month trial - Complex international conspiracy to defraud, involving theft of millions of pounds worth of film equipment using bogus companies in UK, USA and South Africa
R v Abbas [Manchester CC] - Conspiracy to defraud. Offence involved two interlinked conspiracies where companies set up online and traded in electronic and computer items – and prepared hushe sting on Black Friday, resulted in loss of millions of pounds to PayPal. Money siphoned back to Pakistan.
R v Langdon [Manchester CC] - Massive VAT and excise fraud whereby alcohol and tobacco smuggled into the UK in white kitchen goods items from Germany. Offence lasted over 3 years and loss estimated to be in the tens of millions.
R v Creasey [Southwark CC] - Ex-police officer and private detective accused of money laundering on behalf of large organised criminal network based in south London.
R v Higgs and others [Croydon CC] - Represented first defendant in multi-million pound counterfeit currency conspiracy.
R v Blore and others [Stafford CC] - Largest homeworker fraud prosecuted in the UK.