Togher, Kenneth

Kenneth Togher was convicted in April 1997 of assisting in the commission outside the UK of an offence punishable under a corresponding law, namely Section 20 of the Misuse of Drugs Act 1971.

Mr Togher received a sentence of nine years’ imprisonment and a confiscation order of £2,410,281 with ten years’ imprisonment in default.

The CCRC received an application for review of the conviction in August 1999.

During investigation, the CCRC considered whether very serious procedural irregularities committed by Her Majesty’s Customs and Excise (HMCE) vitiated the conviction of Mr Togher and his co-defendants.

The defendants had pleaded guilty in a case where there had been both breaches of procedure and defaults in the discharge of the prosecution’s duty of disclosure.

The CCRC referred the conviction in September 1999.

The Court of Appeal upheld the conviction in October 2000.