24.01.05
John Perry a Partner in our Criminal/Fraud Department has just successfully represented a client whose case legally and factually has broken new ground. On the 6th January 2005 Benjamin Lehman at Isleworth Crown Court, was unanimously acquitted of 2 charges of possessing a dangerous article at an airport contrary to Section 4 of the Aviation Security Act 1982.
This was an extraordinary and perhaps unique case that made international headlines and lead to a major shake up of airport security worldwide. The Defendant successfully but unwittingly, carried a loaded 9mm Steyr Mannlicher Pistol through Israel's Ben Gurion Airport and onto a British Airways plane before disembarking at Heathrow Airport. The pistol was discovered by security staff at Heathrow Airport 3 days later when the Defendant attempted to board a plane on an onward trip to New York.
At the time Mr Lehman's arrest was reported on the front pages of the major Israeli newspapers but for one day only. Israeli Military censors immediately stepped in to order a press blackout on all future reporting. The ease with which the loaded pistol passed through Ben Gurion Airport's supposedly foolproof security checks was highly embarrassing for the Israeli authorities given the current climate in the region. Indeed this breach of security lead to a major overhaul of security at the airport. These criminal proceedings revealed a new problem of airport x-ray machines being unable to detect modern weapons made partly of plastic materials - a fact first publicly raised by Mr Lehman's legal team at Trial.
It is settled law that 'forgetfulness' cannot - on its own - give rise to a defence in law to the charges that Mr Lehman faced. However, we successfully argued that 'forgetfulness' contributed to by the neurological affects of Attention Deficit Disorder (in itself only recently recognised) and other factors could in law amount to a 'reasonable excuse' for possessing a weapon and therefore a complete defence in law. John Perry believes this is the first time that this defence has been raised in a criminal case in our jurisdiction and moreover on this occasion, raised successfully. Mr Lehman was awarded his costs.
For more information contact: John Perry on johnp@barkergillette.com
Department: Serious Fraud and Business Crime
