Bogus Barrister, David Evans, Exposed After Walking Into Court In Wrong Robes

Swns_fake_barrister_130093677

SWNS   First Posted: 01/03/2012 15:28 Updated: 01/03/2012 15:28

SOURCE: SWNS

The friend of a crown court defendant donned a wig and gown to pose as his barrister - but was exposed by a series of "hopelessly wrong" legal submissions, a court heard.

David Evans, 57, brazenly strolled into Plymouth Crown Court and told the judge he was representing cannabis farmer Terry Moss in a Proceeds of Crime hearing, it was said.

He allegedly donned a long gown and wig, gained access to the advocates' dressing room and even visited his 'client' in the cells.

But Evans, who has no legal training, aroused the suspicions of Judge Stephen Wildblood, QC, because he was wearing the wrong robes.

Judge Wildblood, who has 34 years legal experience, grilled Evans after he made a serious legal assertions which were "wrong in an elementary way".

He asked Evans on his legal qualifications - and was stunned when the 'barrister' admitted he had "none", it is alleged.

Evans was later arrested and charged with "carrying out reserved legal activities when not entitled to" and "wilfully pretending to be a person with the right over audience".

Yesterday (Thurs) Evans - who denies both charges - appeared in the dock at Bristol Crown Court.

Kenneth Bell, prosecuting, told a jury of seven women and five men that Evans was "not naive" and had repeatedly pretended to the court that he was a trained barrister.

He said: "Mr Evans is not naive by any stretch of the imagination.

"He knew perfectly well that he was not entitled to go to court, put on a solicitors gown, put the collar and the bands on, put the wig on and stand in court to represent Mr Moss but he did so.

"At no time did Judge Wildblood know that Mr Evans was unqualified, he only found out after persistently asking Mr Evans to tell him about his qualifications."

Bristol Crown Court was told Evans pretended to be the 'legal representative' of Terry Moss after the cannabis farmer - who he met in prison - twice sacked his legal team.

Evans first wrote to Truro Crown Court on April 15 2010, describing himself as a "pro bono" member of counsel for Moss, the court was told.

He is said to have written again on May 20, giving a name of 'Criminal and Civil Defence Advocates', listing himself as a 'senior advocate'.

Evans then appeared with Moss at Plymouth Crown Court on August 17 2010, for a preliminary hearing.

He allegedly dressed in a barrister's gown and wig and used a fake business card to gain access to the cells to meet Moss.

His Honour Judge Wildblood told the jury how his suspicions were immediately aroused by Evans' dress.

He said: "I came in to see Mr Beal [prosecutor Jason Beal] robed as counsel and Mr Evans wearing what I thought was a solicitor's gown and a barrister's wig.

"Although there might be circumstances in which a solicitor may wear a wig, it struck me immediately as strange.

"I thought he was a barrister and I was therefore surprised that there was a conflict of court dress."

The hearing was adjourned and during the break, the judge contacted the Law Society and the Bar Council to see if they had a David Sydney Evans on their books.

They replied that they did not and Judge Wildblood decided to quiz Evans on his legal qualifications when the court re-convened.

He questioned Evans' submission that Moss could not have a hearing because he had been convicted of cannabis growing.

Evans also maintained that Moss' conviction was wrong because the 956 plants were simply "vegetation" and they had been weighed wet rather than dry, it is claimed.

Judge Wildblood told the jury: "These manifestations were wrong, completely wrong in an elementary way. It concerned me that points of that simplicity were being advanced."

The judge asked Evans what qualifications he had and was left "shocked" when he replied "none", the court was told.

Evans was asked to produce the law meaning he could represent Moss but allegedly said he could not because he was "embarrassed" he had forgotten his law book.

The hearing was adjourned until October 1 2010, when Moss appeared for his Proceeds of Crime hearing and had #70,000 removed from his assets.

Evans, of Penarth, South Wales, did not attend the hearing. He was later arrested by police when the judge called police.

In interview, Evans insisted Judge Wildblood "knew that he did not have any qualifications" and was "lying" if he suggested otherwise, it was claimed.

He denies the two charges against him and his trial continues.

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HUFFPOST SUPER USER
cynic123
02:14 PM on 03/03/2012
The way some Judges act in their summing up and then sentence's given to some, I think they may all be dressing up for kicks
11:56 AM on 03/03/2012
What a star , I wonder if he was charging as much as a "proper barrister" if so they should add day light robbery to the charge list!
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Reality always bites
Sometimes just a bit peckish
07:06 PM on 03/02/2012
Seems like the judge weeded out the problem.
04:45 PM on 03/02/2012
if he'll lend me his wig, i'll defend him in court...
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HUFFPOST SUPER USER
whapgra
03:26 PM on 03/02/2012
says a lot for non existant court security
01:10 PM on 03/02/2012
LOL .. I love it.. cheered me up no end..
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HUFFPOST SUPER USER
Norman Mitchison
11:38 AM on 03/02/2012
Fact is definitely stranger than fiction and in this case a deplorable lack of ascertaining who is who.,and what, by the Court Officials.
11:13 AM on 03/02/2012
i would have loved to have been there and would have given him a pat on the back for trying.i guess anything is possible and yes i totally agree with mrangry if he is so good then thats where he wants to be in Westminster Palace to root out all the rubbish
Southern law girl
Researching my viewpoint....
12:15 PM on 03/02/2012
I would have loved to have been there too! Once when a judge queried why a barrister failed to turn up in court wearing his wig, the barrister had forgotten and left it behind in a court room somewhere else in the Country, the defendent shouted out, give him yours wiggy! Apparently, even the judge had to smile! I can tell you they must have had a very friendly judge presiding that day, or he got out of bed in a good mood that morning, probably a Friday!
This comment has been removed.
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HUFFPOST SUPER USER
wincanton man
08:53 AM on 03/02/2012
You have to admire him for having cojones.
07:33 AM on 03/02/2012
Exorbitant legal fees drive the poor to all sorts. No execuse for crime though

English judges are generous and protective if you are honest, like Ronience has said you can represent as a friend.

i have seen many cases in which judges have sprung to the defence of unrepresented defendants in bad debt cases and eviction even before the intervention of politicians.
05:55 PM on 03/02/2012
abelum: It's not wise to cite ronnieince as a reliable source of legal expertise, in spite of what he would have people believe.
06:37 PM on 03/02/2012
I have to say , I am not an expert myself.
09:28 PM on 03/01/2012
He could have appeared in Court as a " McKenzie Friend " to assist Terry Moss to conduct his own defence - that is perfectly legal and not entirely uncommon .

You don't have to be legally qualified to be a " McKenzie Friend " but clearly you will not be much help to the accused if you don't know the area of the law involved in the case and the relevant case law etc etc .

But if you really are well prepared you can win as the professionals sometimes fail to take an amateur seriously and are caught offside - David can defeat Goliath - but bear in mind the smart money is normally on Goliath!!!!!
Southern law girl
Researching my viewpoint....
12:01 PM on 03/02/2012
Good morning Ronnieince,

Are you aware of where the phrase McKenzie Friend came from? In case you are interested or are not aware I will tell you. It came from the firm of solicitors McKenzie. A client ran out of money, was panic stricken because the idea of going to court as a lone litigant filled her/him with fear, the client also felt inadequate to deal with it. So, a solicitor's clerk from the firm of McKenzie offered to go with the client for free, (would not have been able to charge in any case). On arriving at the hearing the Judge asked who the representative was, the clerk from McKenzie explained he was from McKenzie and that their client had run out of money to pay fees, and that he had his senior partner's permission to represent the client, having explained the situation, the judge gave his permission for him to speak on behalf of the client, and told him he would refer to him as the McKenzie Friend. You may have known this already, a House of Lords judge told me this years ago at a university moot, I used to love moots, they were great fun! The HOL Judge said, even before you are awarded your degree you will now be well placed to act as a McKenzie Friend for anyone, me being me, I wanted to know all about this McKenzie Friend character, so about an hour later and much talking I did!:-)
12:17 PM on 03/02/2012
Yes I'm aware of the origins of " McKenzie Friend " and I acted as one for a colleague in the High Court 20 odd years ago - he won what was a somewhat shaky case concerning the alleged misuse by him of confidential intellectual property basically because we were extremely well prepared .

The otherside which included a QC basically underrated a litigant in person and we managed to left field them early in the hearing on their paperwork and some less than wholly forthcoming statements which the cast credibility on their case .


In this case David defeated Goliath but remember the smart money is safest on Goliath - I would not bet on winning again - I've quit one ahead !!!!!
This comment has been removed.
Southern law girl
Researching my viewpoint....
12:10 PM on 03/02/2012
Currently McKenzie Friends are allowed, but I believe they judges are a bit stricter about this than they used to be. If you go to court as a McKenzie Friend, most judges will not allow you to speak on behalf of the individual, they like the individual to speak for himself/herself, apparently in the past they have had relatives/friends going to court as a McKenzie Friend, not representing the individual correctly, the individual loses the case, then there's mayhem and appeal, after appeal on the basis the individual making statement they have been not been well represented. A McKenzie Friend can be there, give moral support, opinion, but to my knowledge, modern judges prefer people speak for themselves. But that depends on the judge, some old school judges still allow it, and of course what happens in the court room is for the judge to decide, after all it is his/her court!:-))
08:09 PM on 03/02/2012
Southern law girl - I simply prepared the case , anticipated all the things they would trrow at us and had ready answers , coached him before the hearing , sat with him and made notes, gave him scribbled notes and the odd sotto voce advice but the Judge could clearly see that I was pulling the strings most of the time .

In fact when we landed a few blows the other side complained I was prompting my colleague but the Judge would have none of it , to be honest from that point on the Judge turned our way ( strictly neutral of course but " neutral on our side " ) the other side seemed to lose the plot basically as they knew my colleague was a litigant in person and had nor come fully armed themselves for a real war and were thus on the back foot .
We won basically because they presented their case badly , told some pretty stupid and unnecessary " porkies " and were caught out and lost the sympathy of the Judge who was clearly to me initially on their side .

It was a classic example of PROPER PREPARATION PREVENTS P *** POOR PERFORMANCE - on our side and their total failure to do the same and having to think it up as they went along
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HUFFPOST SUPER USER
wakyracir
My spaniel is watching you
09:00 PM on 03/01/2012
From the wildly inappropriate decisions and sentences handed down by many judges one could be forgiven for thinking they studied law at the same university as Mr Evans. This, however, is one offence that it can be guaranteed will not be treated with the same leniency as some rapists and murderers. They'll lock the guy up and throw away the key.
08:38 PM on 03/01/2012
In a way I admire his cheek.
08:33 PM on 03/01/2012
String him up on some trumped up charge M'lud. Haha.
04:47 PM on 03/04/2012
you are so stupid
09:39 PM on 03/04/2012
Yobbo