Crime Solicitors

The plight of 89 Sri Lankan refugees marooned on the tiny Indian Ocean island of Diego Garcia since 2021 has garnered international attention. Detained in an encampment on the clandestine UK/US military base, these refugees have been awaiting the resolution of their asylum claims. Duncan Lewis Solicitors' public law team has been at the forefront of this widely reported and ground-breaking litigation. What is less known is the parallel representation by Duncan Lewis' City of London crime team, defending these refugees against prosecutions brought by the island's governing administration under the British Indian Ocean Territory (BIOT) penal code. The charges include arson to US military ordinance and serious sexual offences among the detained refugees.

Legal Representation in a Remote Territory

Matthew Humphreys, a High Court advocate and solicitor from Duncan Lewis, travelled to Diego Garcia, spending two weeks defending the accused at trial. He was supported back at home in Londob by senior caseworker Jonathan Salter, intern Alexandra Mittu, and Director Sunjay Versani. This defence effort highlights the unique legal and logistical challenges faced when providing legal representation 6,000 miles away from home.

The Conditions on Diego Garcia

Diego Garcia, an island with no resident population for over 50 years, offers limited infrastructure accessible only to military personnel and authorised contractors. The refugees live in a fenced area, sharing accommodation in military tents with restricted access outside the camp and limited nourishment and care options. This situation amounts to detention under international law, contrasting sharply with the leisure activities available to the military personnel on the island, such as NFL cheerleader performances and beach foam parties.

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Legal Context and Challenges

Understanding and Accessing the Legal System on BIOT

The BIOT operates under its own constitution and legal system, distinct from the UK. The Commissioner of BIOT exercises both governmental and legislative powers, complicating the legal landscape for the refugees. Initially, accessing legal representation was limited to the Public Defender Service licensed in BIOT, making it difficult for individuals to choose their legal representation freely. Duncan Lewis lawyers had to obtain licences to practise on BIOT and special travel approvals, a process taking several weeks, adding to the uncertainty for the refugees awaiting trial.

Establishing the Right to Legal Aid

Duncan Lewis sought judicial clarification on the applicability of legal aid under the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) and common law rights. The BIOT Supreme Court confirmed that LASPO applies in BIOT, and that the common law right to practical and effective access to justice, including representation and legal aid, is upheld. This landmark ruling ensured that refugees could receive the legal support they desperately needed.

The Criminal Case

One refugee was prosecuted for sexual assault against another refugee and arson involving a military tent. This individual, suffering from severe PTSD and unable to speak English, faced overwhelming psychological distress on the island. His defence required navigating a legal system lacking civilian infrastructure, such as probation services or proper courtrooms. Despite the logistical and financial challenges, Duncan Lewis ensured in-person representation, emphasising the importance of standing shoulder to shoulder with their client.

Conclusion

The representation of the Sri Lankan refugees on Diego Garcia by Duncan Lewis highlights significant issues regarding access to justice and the logistical challenges of providing legal support in remote and militarised territories. The commitment of the legal team underscores the importance of ensuring that even the most vulnerable have their day in court, regardless of the obstacles.

This case serves as a stark reminder of the ongoing fight for access to justice and the need for legal systems that uphold fairness and equality, no matter the location or circumstances.

Matthew Humphreys joined Duncan Lewis in October 2022 as a solicitor in the Crime department at the City of London office. With extensive experience in criminal defence, he represents clients at all levels of the criminal process, from initial police station interviews to trials and sentencing before magistrates and crown courts.

Matthew has notable success in cases involving bladed articles and offensive weapons, securing acquittals and mitigating to avoid immediate custody. His expertise extends to extradition law and prison disciplinary matters, demonstrating a broad and dedicated commitment to criminal defence. Contact him via email at MatthewH@Duncanlewis.com or via telephone on 07342 081740.

Matthew works within the Duncan Lewis’ crime team headed by director Sunjay Versani.

The Duncan Lewis Crime & Fraud Department, recognised by The Legal 500 and ranked as a ‘top-ranked’ criminal practice in Chambers & Partners UK, handles all criminal offences.

Our team is available 24/7, 365 days a year for emergency legal assistance.

We represent clients at police stations, magistrates' courts, crown courts, and appeal courts, including the Court of Appeal. Known for our prompt and effective service, we frequently defend clients in serious and complex criminal cases, particularly involving gang-related crime, murder, and drug importations. Our niche practice areas include extradition and inquests. Our expertise spans motoring offences, business and benefit fraud, HMRC fraud, sexual abuse cases, violent crime, and terrorism.

For more information, visit Duncan Lewis.

Listen and watch our roundtable discussion on the challenge faced by the team here: