Band 2
Provided by Jonathan Elystan Rees KC
Serious crime, white collar fraud and international criminal law
Called to the Bar of England & Wales 2000
Appointed as King’s Counsel 2019
•Jonathan has a heavyweight practice in international, white collar, serious crime. He is a specialist in regulatory prosecutions has an outstanding reputation for representing police officers in criminal proceedings, acting in the UK’s biggest police corruption trial. Jonathan’s case history includes defending in the first trial before the Kosovo Specialist Chambers in the Hague, established to try war crimes & crimes against humanity occuring during the Kosovo War 1998-2000; defending in proceedings for the murder of an adopted infant daughter by a gay father (national media publicity and complex medical evidence (re ‘non-accidental head injury’ case); defending in a £35 million international money laundering prosecution involving cross-jurisdictional evidence (England, Netherlands, China and Pakistan); defending in a £170 million ‘blockbuster’ SFO fraud case, involving complex issues of planning law, mineral law, local government law, company law and international law resulting in defendant’s acquittal and an order that the SFO pay costs in excess of £3m; successfully defending a former police Inspector accused of conspiracy to pervert the course of justice in relation to a murder investigation in 1988-1990 which resulted in three men being convicted for the murder of a prostitute in Cardiff following alleged forging of witness statements and the use of oppression; prosecuting an international prostitution ring, involving Nigeria, South Africa, Mozambique, Bulgaria, the Republic of Ireland, and UK, leading a cross-jurisdictional team, with investigators from the Garda, the PSNI and the Serious Organised Crime Agency, resulting in a hidden assets confiscation order and a total of 17 years’ imprisonment for main offender; and defending a British soldier accused of abuse of Iraqi prisoners at the Bread Basket Camp, Basra during the second Iraq war.
Current instructions
R v Rowan & others, Southwark Crown Court – appearing on behalf of the first defendant in a 5-handed prosecution by the Financial Conduct Authority concerning an alleged £4 million fraudulent scheme to sell bulk water rights to UK investors relating to sites in Namibia, New Zealand and Australia
R v Gordon, Baptiste, Huntley, Mills-Smith, Quailey-Dashper, Ginova, Porter, Manne, Cooper & Kelleher, Cardiff Crown Court – prosecuting a 10-handed murder trial, relating to the gangland shooting of a woman in a revenge attack against a rival organised criminal group trading drugs in the same territory
R v Berry, Mills & Thomas, Swansea Crown Court – prosecuting a conspiracy to murder planned by a wife and her ex-military lover, intending to asphyxiate her husband using gas, and leaving a false suicide note to cover their tracks
R v Prett & others, Snaresbrook Crown Court – defendant alleged to have conspired to defraud the London Legacy Development Corporation in a corrupt procurement exercise relating to the former 2012 Olympic site in Stratford, London
Specialist Prosecutor v Hashim Thaci et al, Kosovo Specialist Chambers, the Hague – indictment alleges that Thaçi, the former President of Kosovo coordinated three distinct groups, formed with Smakaj, Fazliu and Kilaj, and other uncharged individuals, and with Kuçi, in an aim to interfere with the testimonies of SPO witnesses in the ongoing Thaçi et al war crimes trial. Appears for the second defendant, the former director of the Kosovo Intelligence Service, Bashkim Smakaj
Recent instructions
R v Ashton Evans & others, Central Criminal Court – terrorism prosecution relating to the Russian-ordered arson attack on a London warehouse full of supplies destined for Ukraine and surveillance on two further targets in Mayfair. Appeared for the defence.
R v Mark Roberts & others, Bristol Crown Court – appeared for the first defendant in five-handed murder trial relating to the killing of a man mistakenly suspected of being a paedophile in Somerset
Specialist Prosecutor v Sabit Januzi & Ismet Bahtjari, Kosovo Specialist Chambers, the Hague – defendant charged with intimidation (threats to kill a witness and family) and obstruction in relation to the prosecution of the former President of Kosovo in Specialist Prosecutor v Hashim Thaci & others
Re Xi Jinping, CCW, the Hague – led the prosecution by a UK, US and Australian team before the CCW people’s tribunal seeking confirmation of an indictment (case to answer) against President Xi Jinping of the PRC on charges of the crime of aggression towards Taiwan, crimes against humanity directed at the civilian people of Tibet and crimes against humanity and genocide directed at the civilian Uyghur people
R v Steven Chappell, Cardiff Crown Court – defendant charged with murder/manslaughter with complex causation issue relating to development of sepsis following discharge from hospital with a broken rib, appeared for prosecution
R v Julian Wheeler, Exeter Crown Court – former CofE Anglican priest prosecuted for historic sexual abuse of altar boys in the 1980s and 1990s, appeared for the prosecution
R v Reed Wischhusen, Bristol Crown Court – defendant charged with explosives and firearms offences in relation to mass shooting plan, appeared for the Prosecution
R v Rebecca Press, Cardiff Crown Court – defendant charged with murder, brother key prosecution eye-witness who turned hostile, appeared for the Prosecution
Specialist Prosecutor v Mustafa Salih, Kosovo Specialist Chambers, the Hague – defendant convicted of war crimes of murder, torture and arbitrary detention and sentenced to 26 years’ imprisonment – instructed to assist with the appeal
Specialist Prosecutor v Hysni Gucati & Nasim Haradinaj, Kosovo Specialist Chambers, the Hague – defendant facing trial between October 2021 and February 2022 on indictment alleging witness intimidation, retaliation, obstruction, and violating the secrecy of proceedings
R v Colin Milburn, Caernarfon Crown Court – defendant charged with the pre-meditated murder of his partner in remote and rural village
JB Ltd v R, High Court – acting for respondent facing high value civil claim for conversion, breach of director’s duties, breach of fiduciary duties and/or breach of trust including misappropriation of an aeroplane (claim struck out)
R v Joseph Jeremy & others, Newport Crown Court – 8 week 5 defendant ‘cut-throat’ murder trial relating to robbery (appearing for first defendant)
R v Zara Radcliffe, Cardiff Crown Court – defendant charged with the murder of an 88 year old and the attempted murder of three other persons during psychotic episode
R v Leon Symons & others, Newport Crown Court – 8 defendant murder trial, involving the stabbing at Barry Docks, Wales
R v Quinn & others, Cardiff Crown Court - successful application to stay 8 month serious and complex fraud trial on grounds of abuse of process (allegations related to claims management companies and solicitor firms working in personal injury
Education - 1996-1999 Cambridge University, Jesus College: Law MA Hons (Cantab) 1st Class, Foundation Scholarship
Chair of the Legal Wales Foundation, 2022 – present
Chair of the Dispute Resolution Centre Wales, 2023 - present
Bencher at the Honourable Society of the Inner Temple (Master of the Wales Circuit), 2020 - present
Member of the CBA Executive Committee, 2012 – present
Treasurer of the Wales & Chester Circuit, 2020 - 2022
Member of the Bar Council of England and Wales, 2020 – 2022
Admitted to the List of Counsel eligible to practise before the International Criminal Court
Admitted to the List of Specialist Counsel eligible to practise before the Kosovo Specialist Chambers
ESE Group Ltd [2024] EWCR 4 – re principles on application to vacate pleas and the time limits for the laying of information or charge; in relation to continuing offences the time runs from the last act
R v Mundy (Ian) [2018] 4 WLR 130 - on the scope of orders for reconsideration of the available amount under section 22 of the Proceeds of Crime Act 2002 and the test on appeal under section 31 of the 2002 Act
R v Stromberg (Paul) [2018] 3 WLR 812 - authority reviewing the historical background to the jurisdiction of the Court of Appeal (Criminal Division) to issue writs of venire de novo and the scope of its powers
R (on application of McKenzie) v Director of the Serious Fraud Office [2016] 1 WLR 1308 - as to the lawfulness of the policy and practice of the SFO in regards to isolating and reviewing material potentially subject to LPP embedded in electronic devices
Evans & others v Serious Fraud Office [2015] 3 Costs LR - authority on the assessment of costs under section 19 of the Prosecution of Offences Act 1985 in serious and complex cases
Evans & others v Serious Fraud Office [2015] 1 WLR 3595 - successful application for costs against the SFO in civil proceedings on an indemnity basis and in criminal proceedings on the basis of an unnecessary or improper act under section 19 of the Prosecution of Offences Act 1985
Serious Fraud Office v Evans & others [2015] 1 WLR 3526 - re applications in the High Court for voluntary bills of indictment
R v Evans & others [2014] 1 WLR 2817 - successful application to dismiss SFO blockbuster fraud involving an extensive review of the scope and boundaries of the common law offence of conspiracy to defraud
Provided by Chambers
Jonathan Elystan Rees KC is an expert in white-collar fraud, but with significant talent and experience in general crime, sports disciplinary work and police misconduct cases.
Provided by Chambers
Jonathan is a brilliant advocate who is able to set out difficult arguments in a way which is easy to follow.
Jonathan is a brilliant advocate who is able to set out difficult arguments in a way which is easy to follow.