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R v (1) Mark James Owens (2) Patrick Gary Owens [2006] EWCA Crim 2206

The judge, in the course of the defendants’ trial for two counts of conspiracy connected with the laundering of red diesel fuel and the laundering of the proceeds of that primary conspiracy, had been entitled to permit the prosecution to adduce and rely on evidence which contained a series of witness statements and documentary evidence arising out of separate investigations by HM Customs and Excise.

15 September 2006

The defendants brothers (G and M) appealed against their convictions on two counts of conspiracy connected with the laundering of red diesel fuel into the more valuable fuel known as DERV and the consequential laundering of the money proceeds of the primary conspiracy, and against the sentences imposed upon them. At interview, G had made ‘no comment’ replies to all questions, but M had contended that he operated a legitimate haulage business with G and denied any knowledge of or involvement in the conspiracies. At a late stage in the preparations for trial, the prosecution served its 16th notice of additional evidence which contained a series of witness statements and documentary evidence arising out of separate investigations by HM Customs and Excise. At trial, the judge refused M’s submission of no case to answer, and permitted the prosecution to adduce and rely upon the evidence contained in the 16th notice. G and M were subsequently convicted and sentenced to a total of si...

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