QC claimed he was so good he could 'get Stevie Wonder a driving licence', misconduct panel hears

Michael Wolkind QC
Michael Wolkind QC was criticised by the Lord Chief Justice for his 'patronising' behaviour during a murder case  Credit: Ed Willcox/Central

A leading barrister wrongly claimed he was the "UK's top criminal QC" on his website and promoted himself with a testimonial saying he "could get Stevie Wonder a driving licence", a misconduct hearing was told.

Michael Wolkind QC was criticised by the Lord Chief Justice for his "patronising" behaviour during a murder case when he launched a series of personal attacks on prosecutor Brian Altman QC.

Wolkind accused Mr Altman, who is now the lead counsel for the Independent Inquiry into Child Sex Abuse, of telling "a whopper of a lie" and "flying away from the real world on a jet plane".

His client's new barrister, Orlando Pownall QC, later described Wolkind's performance during the case as "wholly incompetent", the hearing was told.

Wolkind, of 2 Bedford Row chambers, is now facing ten charges of professional misconduct before the Bar Tribunal and Adjudication Service in central London.

In November 2015, the barrister's website described him as being the "UK's top criminal barrister" and the "UK's top criminal QC".

His biography featured a claim that he was "widely recognised as one of the UK's top criminal trial and appeal barristers" and featured a testimonial: "There are great legal minds, even greater legal minds, and then there is Michael Wolkind QC."

He also claimed to be the top barrister for murder, protest, terroris and householder self-defence cases, as well as inquests, health and safety cases and tribunals.

One testimonial stated that Wolkind "could get Stevie Wonder a driving licence". His website was referred to the Bar Standards Board after it came to the notice of Lord Thomas during the appeal of Wolkind's former client Robert Ekaireb, now 42.

Ekaireb, a jeweller and property developer, was convicted in December 2013 of murdering his wife, 27-year-old lapdancer Li Hua Cao. Ms Cao went missing while 22 weeks pregnant in October 2006 and her body has never been found.

Li Hua Cao
Li Hua Cao went missing in October 2006 and her body has never been found. Her husband, Robert Ekaireb, was jailed for life after being found guilty of killing her Credit: Metropolitan Police/PA

During the trial, Wolkind argued that Ms Cao was not necessarily dead and had left an unhappy marriage because she was "bored by his lifestyle in London".

In 2015, the Court of Appeal ruled that Ekaireb's conviction was safe, but Lord Thomas of Cwmgiedd found Wolkind had made "completely unprofessional" personal criticism of the prosecution and worked on other cases during the trial.

Lord Thomas described Wolkind's closing speech as "ill-judged, patronising and contained inappropriate attempts at humour" and also declared he was "surprised" at the "content and tone" of the barrister's website.

Ekaireb's new barrister at the appeal, Orlando Pownall QC, also said Wolkind had been "wholly incompetent" in his defence.

Andrew Moran QC, for the Bar Standards Board, said Wolkind had accused his opposing counsel, Mr Altman, of making the "worst interpretation of everything" and making "random attacks" in his closing speech to the jury.

He quoted Wolkind as telling the jury: "Mr Altman addressed you straight-faced with a whopper of a lie." Mr Moran said: "We say that's a straightforward attack on Mr Altman."

He also quoted Wolkind saying "Mr Altman is flying away from the real world on a jet plane" and "he didn't do very well because he didn't get to the point". He also said that Wolkind had launched into "criticism of the individual rather than the case".

Mr Moran said: "The Bar Standards Board's case is that these sorts of personal comments about prosecution counsel are conduct likely to diminish public confidence in the legal profession or the administration of justice."

Brian Altman QC
Brian Altman QC Credit: David Wimsett/UPPA/Photoshot

Referring to the mention of Stevie Wonder, the blind American musician, Mr Moran said that Wolkind's "joke at the expense of somebody with serious disabilities is not something that ought to appear on the website of leading counsel or any other barrister. He is publishing it to the world, basically."

Wolkind also joked during a case that his client Ian Puddick, a celebrity plumber who was accused of harassment by tweeting about his wife's infidelity, was "unwilling to take it lying down unlike, sadly, his wife did throughout the affair".

Mr Moran added that the joke was "not acceptable and would be likely to diminish the public confidence, certainly from the female public".

Wolkind, who became a barrister in 1976 and a QC in 1999, represented Norfolk farmer Tony Martin in his successful murder appeal and has been described in The Legal 500 as "brilliant at cross-examination".

The barrister told the hearing that "to find myself here is a shock", adding: "I was too enthusiastic, I praised myself too much on that website.

"That website came about because a very old school friend of mine went into computing. He, for a long time, told me about the possibility of promoting myself.

"My reaction to him was 'no way, never'. As years went by, there came a time when I said yes. I take full responsibility because I employed him."

Stevie Wonder, the blind American musician
Stevie Wonder, the blind American musician Credit: Kevin Winter/Getty

Referring to the testimonial mentioning Stevie Wonder, Wolkind said: "It wasn't in great taste, I would not have chosen that, but there it is.

"It was complete hyperbole, it wasn't a great comment. I didn't think it was funny, but it never occurred to me it could be discriminatory.

"It was the absurd hyperbole of a client who was so grateful, that is the point - that he was willing to make a statement like that showed his degree of satisfaction."

Asked about his "personal criticisms" of the prosecution, Wolkind said: "We all make mistakes from time to time and we expect our opponents to point them out.

Defending his conduct, Wolkind added: "I had to fight as best I could. There were many ways to lose that case and only one way to win", which he said was in "trying to take them on on each point of circumstantial evidence".

He admits six charges relating to claims on his website about being the UK's top criminal barrister and the UK's top criminal QC and also being the UK's top murder barrister and QC.

Wolkind denies professional misconduct relating to alleged personal comments against prosecution counsel in the trial of R v Ekaireb.

He also denies professional misconduct relating to comments in a harassment trial that his client was "unwilling to take it lying down unlike, sadly, his wife did throughout the affair" and a testimonial on his website saying he could "get Stevie Wonder a driving licence".

Two charges relating to being absent from court during the summing up in the Ekaireb trial and claims Wolkind had "appeared as leading counsel in more murder cases than any other criminal barrister practitioner" were dismissed as having no case to answer.

If any of the charges are found proved, Wolkind could face a fine or a period of suspension. The hearing continues.

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