Former Labour MP Shahid Malik has been cleared of all charges relating to a Covid-19 testing company prosecutors alleged was used to take advantage of the Government’s test and trace system.
Malik, 58, was found not guilty at Bradford Crown Court of fraudulent trading, causing a public nuisance and money laundering in connection with RT Diagnostics.
The former Dewsbury MP was one of five defendants charged over the company.
Trial Continued Without Jury
The case was ultimately decided by His Honour Judge Christopher Smith rather than a jury.
Earlier this year, after months of evidence and while jurors were deliberating, Judge Smith discharged the jury following an allegation of jury tampering.
One juror was arrested.
The judge then ruled that the trial should continue without the jury and that he would determine the verdicts himself.
That decision was challenged by co-defendant Faisal Shoukat, but three Court of Appeal judges later refused him permission to appeal.
Reporting restrictions on the case have now been lifted.
Malik Cleared Of Three Offences
Judge Smith cleared Malik of all three charges he faced.
He was found not guilty of fraudulent trading, causing a public nuisance and money laundering.
Malik became MP for Dewsbury in 2005 and later served as both a justice minister and communities minister before losing his seat in the 2010 general election.
Defence Said Malik’s Role Was ‘Very Limited’
Malik’s barrister Jonathan Laidlaw KC argued during the trial that his involvement with RT Diagnostics had been limited.
He described Malik as a “facilitator” who had provided money and made introductions.
The defence said Malik had never attended the company’s premises while it was operating.
Mr Laidlaw also told the court that Malik had been outside the country for much of the time the business was functioning and there was no evidence that he had been told about problems at the laboratory while abroad.
He argued that the fact Malik had made money from the business could not itself justify a guilty verdict.
RT Diagnostics Set Up During Test And Trace Expansion
The court heard Malik started the business with pharmacist and former Labour councillor Faisal Shoukat as England emerged from the third national lockdown in March 2021.
At the time, the Government was seeking to expand the number of laboratories carrying out PCR testing under the NHS test and trace programme.
RT Diagnostics was presented as a laboratory and testing service which sent sample kits to customers who would perform tests at home and return them for analysis.
Prosecutors Alleged Testing Operation Was Inadequate
Prosecutor Jonathan Sandiford KC alleged that the company’s testing kits, which had been sourced from Turkey, did not meet the standards required for use in the UK.
The premises used as a laboratory were described in court as inadequate, with holes in walls and ceilings, rubbish and building debris.
The prosecution also said homeless people had been living on the top floor of the building.
Young staff with little or no training in handling Covid testing samples were employed, the court heard.
Prosecutors also alleged there was inadequate use of PPE and social distancing.
More Than 123,000 Results Reported
Between May and July 2021, RT Diagnostics reported 123,104 PCR test results to the Government.
Of those, 123,058 were recorded as negative.
The prosecution alleged that some samples returned by customers were never tested and were instead dumped inside a room at the premises.
Mr Sandiford told the court that customers who complained sufficiently were in some cases given negative results despite their samples allegedly not having been tested.
Prosecutors argued this risked allowing people who should have been self-isolating to go out into the community.
£6.674 Million Revenue In Three Weeks
The court heard RT Diagnostics generated significant revenue during its short period of operation.
Between May 22 and June 6, 2021, the business generated £6.674 million — an average of around £318,000 per day.
Prosecutors described the company as a lucrative operation and alleged the defendants had taken advantage of the Government testing system through an inadequate and non-compliant service.
Faisal Shoukat Found Guilty
Faisal Shoukat, 39, of Savile Park, Halifax, was found guilty of fraudulent trading, causing a public nuisance and money laundering.
He had founded RT Diagnostics with Malik.
Three Other Defendants Cleared
Paul Moore, 57, of Colne Road, Burnley, was cleared of fraudulent trading and causing a public nuisance.
Moore had held a senior position at RT Diagnostics and had previously worked as Malik’s office manager when he was an MP.
Lynn Connell, 65, of Waggon Farm, Ash Hall, Ripponden, was also cleared of the same two offences.
Dr Alexander Zarneh, 71, of Wood Lane, Hipperholme, Halifax, who was the company’s clinical director, was also found not guilty of the charges he faced.