Paul Sharkey acted for the Director of Public Prosecutions in the Divisional Court in a judicial review challenge brought by Lee Ryan arising from his conviction for racially aggravated assault by beating.

The allegation concerned Mr Ryan’s drunken behaviour on a flight from Glasgow to London, during which he assaulted a member of cabin crew and made racialised comments towards her.

Mr Ryan argued that the Crown Court had wrongly drawn an adverse inference under section 34 of the Criminal Justice and Public Order Act 1994, submitting that no inference could be drawn because the offences for which he was interviewed and those for which he stood trial were different.

The Divisional Court (Holgate LJ and Johnson J) accepted the DPP’s submissions that the Crown Court had simply relied on clear inconsistencies between Mr Ryan’s police interview and his evidence at trial. The Court held that section 34 had not been engaged and that, even if it had been, it would have made no difference to the outcome. The case rested on the Crown Court’s assessment of credibility: the complainant was a consistent and compelling witness, whereas Mr Ryan had been drunk at the time of the incident and had given inconsistent accounts.

As a result of the dismissal of the claim, Mr Ryan must now be sentenced for the offence by the Crown Court.

Paul was instructed by the Crown Prosecution Service.

Press links:

https://www.bbc.co.uk/news/articles/c3dydpgenj0o

https://www.standard.co.uk/news/crime/blue-lee-ryan-loses-assault-appeal-b1289985.html

https://www.independent.co.uk/news/uk/home-news/lee-ryan-blue-court-air-steward-b3014638.html

Judgment:

Lee Ryan v Crown Court at Isleworth [2026] EWHC 1781 (Admin)