An aspiring barrister who was arrested while carrying out ‘vital life-saving humanitarian work in Greece’ has been granted permission to continue his legal training.
Seán Binder, 29, faced criminal charges for migrant search and rescue work he carried out as a volunteer in Lesbos, Greece in 2018.
In 2021, Binder applied to become a student member of Gray’s Inn after securing two scholarships and a criminal pupillage.
Though he has no criminal convictions, the ongoing Greek case meant his application was referred to the Inns Conduct Committee (ICC) to determine if Binder could be admitted as a student member, in order to complete the bar course.
An ICC screening panel referred the matter to a hearing panel to determine if Binder ‘is a fit and proper person to be admitted to an Inn of Court’.
The ICC panel unanimously decided that Binder could be admitted to an inn, which means he can continue his legal studies.
Following Binder’s arrest in 2018, he spent 106 days in pre-trial detention in a Greek prison. He was charged with forgery; infringement of state secrets; possession of a radio without a licence; formation and membership of a criminal organisation; facilitation of illegal entry and money laundering.
In September 2023, the Supreme Court of Greece dismissed the misdemeanour charges of forgery, infringement of state secrets and possession of a radio without a licence. The remaining three charges remain unresolved.
The Gazette understands it is unclear when, and if, they will be proceeded with. If he is found guilty, Binder faces up to 20 years in prison.
Solicitor Andrew Katzen, who acted for Binder at the ICC, said: ‘Seán Binder is a remarkable young man who was carrying out vital, life-saving humanitarian work in Greece when he was arrested. The panel’s decision confirms his fitness and propriety to pursue a career in the law. I hope that the Greek authorities will take note of this and terminate the misconceived prosecution against him.’
Ed Fitzgerald KC and Gráinne Mellon, who acted for Binder in the ICC and in the ongoing Greek prosecution, said Binder’s volunteer work ‘sought to protect the life, health and physical integrity of men, women and children at sea and immediately on arrival in Greece’.
They added: ‘A proper application of the duty to provide assistance - and the exemption for humanitarian work - in international law should, serve to protect him from prosecution for this work. We reiterate our call to the Greek authorities to urgently review and drop the remaining charges against Mr. Binder.’
