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About Katy O’Mara
Katy is a senior solicitor who specialises in serious and complex crime and extradition. She has managed Very High Cost Cases and works on high value, multi-handed, complex cases, often with an international dimension.
Katy has many years’ experience in serious and complex criminal law and works on high value, multi-handed cases often with an international dimension. She has defended all types of fraud, in cases prosecuted by NCA, SFO, HMRC, DEFRA and BIS. She has experience in money laundering, restraint orders, search warrants, confiscation and forfeiture cases. She also defends in murder, serious violence, firearms and drugs cases.
Katy has a busy extradition practice and has litigated in many significant cases, including the recent Supreme Court case of Merticariu which changed the law to enhance protections for those sought for extradition after being convicted in their absence.
"I won the lottery when I got you as my solicitor. I cannot thank you enough for everything you have done for me." Mr S
She has had notable successes in preventing extradition, making strategic decisions about the use of technical legal and human rights arguments. She has a network of experts in this and foreign jurisdictions with whom she liaises to prepare reports for court and to work to have the warrant withdrawn and so avoid extradition. Katy also acts as advocate for her clients at extradition hearings.
Katy is a Duty Solicitor and Higher Rights Advocate and has appeared in the Court of Appeal, Crown Courts and Magistrates Courts. She also represents clients at the police station.
Notable Cases
Extradition
- Merticariu v Romania, Supreme Court [2024] UKSC 10
Succeeded in preventing extradition of client convicted of an offence in his absence and not entitled to a retrial. This landmark decision overturned previous case law and significantly enhanced protections for those sought for extradition in similar circumstances. - Galbarczyk v Poland [2024] EWHC 461 (Admin)
Case concerning the activation of the client’s suspended sentence without the client’s knowledge, and whether extradition would violate the client’s Article 5 rights to liberty and security. - Czech Republic v B Westminster Magistrates Court
As advocate, succeeded in preventing extradition by arguing that the offence for which the client’s extradition was sought, was not an ‘extradition offence’ ie he could not have faced prosecution on the same facts in this country. This decision was not appealed. - Hungary v L Westminster Magistrates Court
Succeeded in preventing extradition by arguing a lack of dual criminality and that it would be oppressive to extradite the client due to his ill health. This decision was not appealed. - Ziembinski v Poland [2022] EWHC 693 (Admin)
This case concerned the insufficiency of particulars in the warrant, proportionality of extradition and the inter-relationship of two warrants, one ‘accusation’ and one ‘conviction’. - Dobbek v Poland [2022] EWHC 1603 (Admin)
Succeeded in preventing extradition on sole ground of Article 8 – right to private and family life. - Popovic v Czech Republic [2022] EWHC 3639 (Admin)
Case concerning the sufficiency of the particulars in the warrant, and whether the warrant could be properly characterised as either an ‘accusation’ warrant or a ‘conviction’ warrant. - Lithuania v R Westminster Magistrates Court
As advocate, succeeded in preventing extradition by arguing that it would be disproportionate to extradite client sought for prosecution for arson. This decision was not appealed. - Zapalskis v Lithuania [2020] EWHC 1645 (Admin)
Succeeded in preventing extradition by arranging for the client to attend trial in Lithuania via video link from prison – the first time this has been done. The client received a sentence which was shorter than the length of time he had already spent in custody, so although extradition had been ordered by the High Court (after unsuccessful challenges pursuant to Articles 3 and 8), the Lithuanian judicial authority withdrew the warrant and the client was released. - Eason v USA [2020] EWHC 604 (Admin)
Succeeded in preventing extradition on appeal. Mr Eason was sought by the FBI to stand trial for a conspiracy to defraud American banks to the value of £5 million. It was successfully argued that extradition would be oppressive due to the passage of time. - Rahim v Italy [2020] EWHC 2748 (Admin)
Represented an Iraqi Kurdish national sought by Italy for terrorist offences; the case involved arguments relating to forum, invalidity of the warrant, dual criminality and abuse of process. - Romania v C Westminster Magistrates Court
Succeeded in preventing extradition by finding lawyers in Romania who were able to persuade the court there to impose a financial penalty and withdraw the warrant, leading to the client’s release. - Italy v C Westminster Magistrates Court
As advocate, succeeded in preventing extradition by arguing that the warrant was invalid and that there had been no decision to charge – the client was wanted for supplying drugs as a member of the mafia. This decision was not appealed. - Poland v M Westminster Magistrates Court
As advocate, succeeded in preventing extradition of a client wanted both to serve a prison sentence and to face prosecution, and who had previously absconded to Scotland. The client was discharged on grounds of dual criminality, passage of time, proportionality and Article 8. This decision was not appealed. - USA v Z Westminster Magistrates Court
Represented a Latvian client sought by USA for prosecution for acts done in Portugal in connection with a global cybercrime and money laundering operation; the case involved arguments relating to forum. When the client decided not to appeal his extradition order, we liaised with US attorneys to ensure his representation in USA. - Albania v K Westminster Magistrates Court
Represented a young client sought by Albania to serve a 15 year sentence imposed in his absence for attempted murder; the client was assessed as a probable victim of modern slavery.
Crime
- Representation of Arthur Knight Brown (aka Nicholas Rossi)
Represented Mr Knight Brown who was arrested by Colchester Police in relation to allegations of rape and fraud. Police took no further action. (Mr Knight Brown was sought for extradition from Scotland by USA – US prosecutors maintain that he is in fact Nicholas Rossi) - Snaresbrook Crown Court, R v I
Defence of client alleged to have committed large-scale conspiracy to supply cocaine through use of Encrochat device. - Kingston Crown Court, R v L
Represented client alleged to have conspired with others to commit armed robberies of high value watches and jewellery - Snaresbrook Crown Court, R v R
Represented client accused of smuggling a large amount of class A drugs into England from Turkey in a false-bottomed suitcase. - Snaresbrook Crown Court, R v K
As advocate, succeeded in achieving suspended sentence for client who had taken a firearm to a neighbour’s house, with others, and threatened to kill him, in alleged racially aggravated incident. - Southwark Crown Court, R v D
Representing client charged with together with six family members with modern slavery offence – large-scale conspiracy to traffic people from Romania in order to exploit them in UK. The case involves live evidence from Romania. - Snaresbrook Crown Court, R v S
Represented client charged with large-scale importation of GBL and supply of drugs of Class A, B and C. Negotiated a basis of plea which led to the prosecution withdrawing the GBL charge. - Inner London Crown Court, R v C
Successfully defended client against charge of conspiracy to supply 2 kilos of cocaine. Thereafter successfully argued that the client’s role as financial courier meant he should not face confiscation proceedings. - Wood Green Crown Court, R v B
Successfully defended client charged with large-scale supply of heroin; made written representations which led to prosecution offering no evidence – the client was found not guilty. - Isleworth Crown Court, R v B
Successful defence of client – drafted a prepared statement at the police station which formed the entirety of the client’s defence at trial for a joint enterprise robbery. The client was found not guilty while all other defendants were convicted. - Wood Green Crown Court, R v B
As advocate, successfully applied to vacate the guilty plea of a Lithuanian man who had pleaded guilty to affray; obtained psychiatric reports which led to the client being found not guilty by reason of insanity. - Southwark Crown Court, R v H
Successfully defended client prosecuted by Department of Business Innovation & Skills in multi-handed case; made written representations on the inadmissibility of the client’s police interview – the prosecution offered no evidence and the client was found not guilty. - Southwark Crown Court, R v P
As advocate, successfully defended Ukrainian client against confiscation proceedings in which prosecution alleged £5 million in hidden assets; the court found no hidden assets. The case involved in-depth analysis of original evidence written in Russian. - Southwark Crown Court, R v K
Represented client charged with multi-million pound conspiracy to cheat the public revenue prosecuted by HMRC. - Southwark Crown Court, R v P
Successfully defended client in multi-handed conspiracy to assist in unlawful immigration; the case involved live evidence from India. - Kingston Crown Court, R v S
Successfully defended client accused of defrauding an elderly woman. Katy undertook her own investigation and discovered overwhelming evidence that the client was himself a victim and had been defrauded of £250,000; he also suffered with previously undiagnosed autism. On the first day of trial the prosecution offered no evidence and the client was found not guilty. - Central Criminal Court, R v S
Successfully defended client accused of joint enterprise gang related murder; client was acquitted after a submission of no case to answer. - Kingston Crown Court, R v J
Represented defendant charged in largest prosecution by DEFRA relating to the international trade in animal pharmaceutical products. - Exeter Crown Court, R v C
Successfully defended client accused of murder; client convicted of manslaughter. - Westminster Magistrates Court, R v S
- As advocate, persuaded court to diverge from sentencing guidelines and impose a conditional discharge on woman guilty of possession of bladed articles in French Embassy.
- Willesden Magistrates Court, R v K
As advocate, successfully challenged police’s failure to follow identification procedures in Code D of PACE thus forcing prosecution to withdraw the burglary charge and leading to client’s release.
Client Comments
- “I won the lottery when I got you as my solicitor. I cannot thank you enough for everything you have done for me.” Mr S, extradition
- “You certainly do work wonders.” Mr V, extradition
- “I don’t want a different solicitor. I have had different solicitors and they just do this as a job. You do it because you care about the person.” Mr I, crime
- “It was an amazing result, thank you!!!” Mr B, extradition
- “Twice you advised me not to plead guilty when I thought maybe I should and twice you were right.” Mr H, crime
- “Because of you, I received a 5 year sentence for manslaughter instead of a life sentence for murder.” Mr C, crime
- “Thank you from the bottom of my heart for all your support, for always answering the phone and replying to messages.” Mr A, crime
Career
Katy completed a Masters in International Human Rights Law while living in Hong Kong and working at a human rights law firm and at a charity supporting domestic helpers.
Katy also worked for two years as an interpreter and translator in Moscow. She speaks Russian and represents many Russian-speaking and Eastern European clients.
Further Reading
