David Spens QC successfully appeals the money laundering conviction of the senior partner of a small firm of commercial solicitors accused of laundering US$1.2m obtained by two co-defendants who corruptly gained a US$42m UNDP contract for a Danish pharmaceutical company. He was indicted on Count 1, fraudulent trading, Count 2, being concerned in a money laundering arrangement.

Before cross-examination began he became unwell. Two psychiatrists found he was genuinely suffering from depression at the high end of 'moderate' and from acute stress reaction to being challenged in public. Spens QC submitted he was 'unfit to be tried' , the jury should be discharged from giving a verdict but proceed to a hearing under Section 4A of the CPIA 1964 of whether he "did the act". The judge found he was unfit to be cross-examined but not that he was 'unfit to be tried'. He ordered the case continue, the prosecution speech not to include comment on matters he might have been able to meet in cross-examination. After retiring for 21 hours, the jury acquitted on Count 1, convicted 10-1 on Count 2 on the basis he suspected the payments were criminal proceeds.

HELD : he was 'unfit to be tried'; Section 4A should have been followed; conviction quashed. David Spens QC was instructed by the Stokoe Partnership.