Did The Criminal Cases Review Commission & Edward Henry Present The Appeal Judges Notes By Convicted Fraudster & Lawyer Shah Ali (Who Had Also Been Struck Off By The SRA) As Though It Were The Evidence Of Violent Rapist Andrew Malkinson’s VICTIM? (Part 32)

Convicted Fraudster Shar Ali

Shah Ali, from the Burton Copeland practice in Oldham, Manchester was violent rapist Andrew Malkinson’s lawyer.

Sometime after Andrew Malkinson’s February 2004 trial he learned Shar Ali had been to prison for fraud and struck off by the solicitors regulations authority.

In 2016 writer Bob Woffinden stated;

He then learned for the first time that, some years earlier, his lawyer had served a prison sentence for fraud and been struck off the solicitors register.

Unfortunately, this does not provide grounds for appeal.

The only course of action left to Malkinson was to complain to the solicitor himself.

He was merely rebuked for his ingratitude. ‘I would remind you’, the solicitor responded, ‘that the jury were out for over nine hours before they came to majority rather than unanimous decisions in relation to each of the convictions – I hardly call that incompetent or improper preparation of your case.’

Excerpts from Bob Woffinden’s book The Nicholas Cases dated May 2016

Shah Ali Struck Off The Solicitors Roll

Bob Woffinden also stated;

Malkinson’s solicitor, who was then practising in Oldham, pleaded guilty to fraud offences and was sentenced to twelve months’ imprisonment.

He was struck off the solicitors’ roll in December 1993.

In 2002, he applied to be readmitted.

Malkinson noted wryly that his application was based in part on the fact that he had ‘worked closely’ with the police and, indeed, his application was supported by the Chief Constable of Greater Manchester.

Despite this, in March 2002, his application for readmission was rejected.

Nevertheless, he went on to represent Malkinson at his trial in February 2004 and, of course, conveyed nothing of this to him.

Convicted Fraudster Shar Ali’s Notes Appeared To Be Used As VICTIMS Trial Evidence During Appeal Hearing

During violent rapist Andrew Malkinson’s appeal hearing, Edward Henry appeared to be using a solicitor notes, to present to the appeal judges as Andrew Malkinson’s victims evidence.

It is not known if it was convicted fraudster and struck off solicitor Shar Ali’s notes, however Edward Henry stated;

We erm naturally erm cannot obtain a transcript of her evidence but we have the note of her evidence.

Statement by Edward Henry during violent rapist Andrew Malkinsn’s 26th July 2023 appeal hearing from around 54:30 here

A solicitor note is not Andrew Malkinson’s victim evidence heard during the 2004 trial.

Edward Henry went on to state;

Eh and eh it has been quoted faithfully in the grounds of appeal at paragraphs 77

Which my lords is in the core bundle at tab 4 at electronic pagination 146.

Statements by Edward Henry during violent rapist Andrew Malkinsn’s 26th July 2023 appeal hearing from around 54:30 here

Edward Henry appeared to be referring to the “grounds of appeal” submitted to the court of appeal by the criminal cases cases review commission.

Edward Henry then when on to state some of the following;

..clear evidence of scratching her attackers face with her left hand and losing a nail on that hand in the process.

She is recorded as telling the jury

‘It was a life or death battle for survival. I managed to get my hand free. I reached up and dug my hand into the right hand side of his face and scratched him from near his eye and cheek, down towards his jaw…

Statements by Edward Henry during violent rapist Andrew Malkinsn’s 26th July 2023 appeal hearing from around 54:30 here

After Edward Henry had read the solicitors note, appeal judge Lord justice Holroyde asked Edward Henry the following question;

That, that’s what counsel’s note at trial

Question by one of the appeal judges 57:53 here

To which Edward Henry stated;

That is, that is the solicitors note erm of the trial erm my Lord

So that’s the solicitors note of trial

Statement by Edward Henry at around 57:56 here

Did the criminal cases review commission and Edward Henry present the notes of convicted fraudster and struck off lawyer Shar Ali to the appeal judges, as opposed to the official court transcript of Andrew Malkinson’s victims evidence?

Link to Part 33 here