Barry McElduff

Barry’s defence practice encompasses the wide spectrum of criminal work, although it was in cases involving serious allegations of drugs supply that he forged his reputation, securing acquittals in a number of complex and difficult cases.

He has been instructed by the International Justice and Organised Crime Division to prosecute cyber-crime cases involving attacks on the Pentagon and major banking institutions.

Whilst first and foremost an advocate, he is regularly instructed to provide advisory work. He has been regularly instructed to provide pre-charge in complex and challenging cases; often cases involving evidence from abroad or with other knotty jurisdictional issues.

He has also provided training to various CPS RASSO areas and police forces in areas as varied as disclosure, s41 applications and the drafting of complex Indictments.

Recent Cases

Ongoing Instructions

• Operation Fulflood (Snaresbrook CC, February 2023) -Prosecuting (Leading Junior) gang of international jewel thieves responsible for a series of burglaries in which they obtained over £1million pounds worth of precious items
• Operation Juryman (Oxford CC, February 2023)-Prosecution (Leading Junior)3 Defendants charged with offences concerning the importation of drugs managed by the use of Encrochat devices
• R v BF (Bristol CC, March 2023)-Defending (Leading Junior) Defendant charged with serious sexual offences against multiple complainants in a case involving complex evidential admissibility arguments
• Operation Nettle (Portsmouth CC, March 2023)- Prosecution (Leading Junior) 2 Defendants arising out of the discovery of extensive life changing injuries to a 4 week old child
• R v Trim and others (Portsmouth CC, April 2023) Prosecution (Leading Junior) 8 Defendant money laundering investigation
• Operation Swash (Southampton CC, May 2023)- Prosecution 5 Defendant large scale cannabis importation facilitated by crypto currency transactions
• Operation SeaSpray (Southampton CC, May 2023)-Prosecution 4 Defendants charged with offences arising out of a multiple weapon attack outside a college in broad daylight
• Operation Contend (Snaresbrook CC, September 2023) – Defending large scale ‘county lines’ drugs conspiracy
• Operation Kijang (St Albans CC, 2023-2024)-(Leading Junior) 18 Defendant conspiracy to defraud

Organised Crime

• Operation Jack-knife (Oxford CC, March 2022) – Prosecution (Leading Junior) of 7 Defendants for attacks on ATMs with explosives; by drag out and for the burglary of the National Horse Racing museum in Newmarket
• Operation Devisal (Snaresbrook CC, October 2021) -Defending large scale ‘county lines’ drugs conspiracy; Crown offered no evidence on eve of trial following submissions based on Modern Slavery Act defence
• Operation Furbo (Croydon CC, November/December 2021)-Prosecution (Leading Junior) Operation Trident investigation arising out of the discovery of 2 sawn off shotguns in a car involved in a serious road traffic accident
• Operation Delorean (Aylesbury CC, Summer 2021) – (Leading Junior) – Prosecution of OCG for the dismantling of stolen cars for onward sale to unsuspecting buyers;
• Operation Jumpsuit (Oxford CC, March-April 2021) (Leading Junior) – Prosecution 3 Defendants who were involved in a fatal road traffic collision en-route to committing a high value burglary of an antiques store in rural Oxfordshire.
• Operation Rate (Winchester CC, Autumn 2019) (Leading Junior) – Defending in a complex and wide ranging drugs conspiracy that was in existence for over 14 months.
• Operation Suade (Winchester CC, September 2019) – Successful defence of a 15 year old charged with county lines drug dealing. Client accepted drug dealing but successfully mounted defence under the Modern Slavery Act that he was a victim of modern slavery.
• Operation Holms (St Albans CC, November 2018 – January 2019) (Leading Junior) – Prosecuting serious ‘tit for tat’ violence on the streets of Bedford emanating from a disagreement between 2 warring drug gangs. The presentation of the case was made all the more difficult by the refusal of the victims to co-operate and fear preventing witnesses from making statements. Following an 8-week trial, 2 leading proponents of the ‘Mile Road Gang’ were sentenced to 15 years (extended by 3) and 14 years for nearly severing off the arm of a 16 year old member of the rival ‘K Block’ gang.
• Operation Daraga (Bournemouth CC, Jan 2017 – September 2018) (Leading Junior) – Operation Daraga was a South West Regional Crime Unit investigation into a Liverpool based Organised Crime Group, who were involved in the trafficking of large wholesale quantities of crack cocaine and heroin from Liverpool down to towns in Dorset and Somerset for onwards distribution to lower-level drug dealers and users. Over 3 trials Barry and Kaj secured the convictions of 8 conspirators at all levels. The convicted defendants represented all levels of the conspiracy from the overall leader to local “commanders”.
• Operation Dogtooth (Winchester CC, Jan/Feb 2018) (leading Rob Harding) – D charged with involvement in long running drugs conspiracy. Trial lasted 8 weeks and involved extensive phone evidence. Defendant acquitted all counts.

Serious Violence 

• R v Shah (Oxford CC, November 2022)-Attempted murder trial (Junior alone against 2 Junior Counsel)
• R v Deader (Southampton CC, August 2022)-Attempted murder trial (Junior alone against Silk and Junior)

Serious Sexual Offences cases

• R v S (Inner London CC, July 2022)-Prosecution of doctor for sexual assault on a train (against King’s Counsel)
• R v Dinh (Winchester CC, July 2021) – Defence alleged group rape. Following the complainant’s evidence the Crown accepted a plea to sexual assault and Mr Dinh received a suspended sentence of imprisonment.
• R v Ingram (Winchester CC, March 2021) – Prosecution 6 complainant non-recent allegations
• R v Cordery (Bournemouth CC, September 2020) – Prosecution knife point rape of schoolgirl
• R v Cruz (Reading CC, Spring 2020) – Prosecution for grooming and sexual offences against a girl aged 10-14 years old.
• R v XY (Portsmouth CC, January 2020) – Prosecution female Defendant for sexual offences against her own children aged 2-10 years old.
• R v Chester (Winchester CC, December 2019) – Defending stranger attack early hours in middle of Winchester City Centre.

Unusual/Novel cases

• R v Shah (Southwark CC, October 2020) – Prosecution of person alleged to have sent abusive and threatening emails to Theresa May and other political figures;
• Operation Suede (Winchester CC, November 2019) (led by Sally Howes Q.C.) – Prosecution of man for the gross negligence manslaughter of his elderly mother for whom he failed to provide adequate care;
• R v T (Reading CC, April 2017) – Successful Prosecution of defendant for causing serious harm to 3 month old child, case involved complex evidence regarding the dating of fractures.
• R v Sean Caffrey (Birmingham CC, September 2017) – Prosecution of defendant who committed cyber-attack against the Pentagon. A case in which HHJ Thomas Q.C. commended the clear way in which Mr McElduff opened a ‘complex and difficult case’

Other notable cases

• R v Dalby [2012] EWCA Crim 701 – status of harassment warnings in bad character applications
• R v Hopkins and Priest (April 2010 – May 2011). In April 2010 Barry was instructed as a led junior in a three month trial which involved allegations of neglect of mentally incapacitated adults who were resident in a care home. Barry represented the owner of the care home. It was believed to be the first prosecution of its kind nationally. The case involved complex medical, physical, social care and other technical evidence in relation to a total of sixteen residents who it was said had been neglected. As well as dealing with criminal offences under the Mental Capacity Act 2005, this case also dealt with Health and Safety and regulatory issues. The Defendants’ convictions were subsequently quashed in Court of Appeal [2011] EWCA Crim 1513.

Education

• BA (Hons), Queens Belfast 1999

Inn

• Lincoln’s Inn (Lord Brougham Scholar 2001, Hardwicke Scholar 2002)

Appointments

• Recorder of the Crown Court, March 2018

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