Balasubramaniam, Uthayathas

Uthayathas Balasubramaniam was convicted in July 2004 of conspiracy to commit assault occasioning actual bodily harm. Mr Balasubramaniam received a sentence of two years and six months’ imprisonment.

On 6 November 2001 Sellathurai Balasingham was attacked and beaten to death by a group of men near to his home in South London. Mr Balasubramaniam was one of a number of men charged with his murder. Prior to his trial at the Old Bailey, one of Mr Balasubramaniam’s co-defendants offered to plead guilty to a lesser offence and give evidence for the prosecution.

The prosecution case against Mr Balasubramaniam relied upon a version of events provided by this man, who became the principal prosecution witness. Before giving evidence at the trial, he disappeared and his statement was read to the jury under the “hearsay” provisions of the Criminal Justice Act 2003.

The jury acquitted Mr Balasubramaniam of murder but convicted him of conspiracy to commit actual bodily harm. Mr Balasubramaniam unsuccessfully appealed against his conviction in 2010.

Following several appeals and re-trials, the Court of Appeal quashed the convictions of all but one of Mr Balasubramaniam’s co-defendants in 2011. During those proceedings new information came to light, including an undisclosed “deal” with the prosecution, which called into question this witness’s credibility.

The CCRC was contacted by Mr Balasubramaniam in April 2019. Following a detailed review of his case, the CCRC decided that there was a real possibility the Court of Appeal would quash his conviction because this witness could no longer be regarded as credible.

The CCRC referred the conviction in December 2021.

The Court of Appeal quashed the conviction in October 2022.