SPOTLIGHT on Solicitor Advocates Vish Kathuria and David McDonald

Thursday, 25 June 2026

In March 2026, Solicitor Advocates Vish Kathuria and David McDonald travelled to New Delhi, India to attend and present at the 12^th International Association of Prosecutors (“IAP”) Asia and Pacific Regional Conference.

The IAP is a worldwide organisation of prosecutors formed in 1995, with members from more than 170 countries across the globe.

Representatives from 16 countries were in attendance including: China, Australia, South Korea, Kenya, Kuwait, Malaysia, and Thailand. Unfortunately, due to the ongoing conflict in the Middle East, some delegates cancelled their attendance, and some presented via pre-recorded video.

The theme of the conference was “Transcending Borders, Securing Justice: Prosecutorial Responses to Illegal Immigration and Cross-Border Crime in a Globalised World”. It was divided into plenary sessions conducted over two days, with sessions on:

• Illegal immigration and the prosecutor’s mandate: From border crossings to criminal accountability
• Evidence in immigration prosecution: Digital identification, biometrics, and forensics in immigration-related prosecutions
• Persistent crimes and risks of porous borders: Regional lessons in prosecuting transnational movement offences
• Statelessness, identity and legal protection in the context of prosecuting without borders

Vish spoke in the first session on ‘The proliferation of trafficking and exploitation of irregular migrants in Scotland’s illegal drugs trade’. Drawing upon his extensive prosecutorial experience, including as a lead prosecutor in Human Trafficking, he highlighted that over the last few years there has been a significant increase in the identification of potential victims of human trafficking and exploitation in Scotland. Many of the individuals identified were irregular migrants, often nationals of Vietnam or Albania, recruited into Scotland’s illegal drugs trade to cultivate or transport controlled drugs on a commercial scale. Vish discussed the challenges faced by law enforcement and prosecutors in distinguishing victims of trafficking from criminal participants and the ethical dilemmas and humanitarian safeguards relevant to the decision-making process involving vulnerable people in such situations.

David spoke in the third session about ‘Old Crimes in the Digital Age’. With awareness of cyber- enabled and enhanced crimes, as well as nearly 20 years experience in the criminal justice system, David addressed the conference on the use of technology in the perpetration of human trafficking and modern slavery, with a particular focus on sexual offending and forced prostitution. The central theme for David’s presentation was that trafficking and slavery in human beings has long been known as criminal conduct in Scotland and, for centuries, motivated by profit. Today, many such cases are no longer solely dependent on the physical transportation and concealment of victims and offenders are increasingly using more sophisticated methods and employing modern technology to facilitate their crimes, rendering geographical borders almost irrelevant. David highlighted a number of recent Scottish cases where technology has allowed perpetrators to utilise online marketplaces, and remotely coordinate their activities in identifying, recruiting, and directing, in order to profit from victims across borders whilst minimising their own physical involvement. The 'porous border' is no longer only a matter of terrain or coastline; it is embedded in the global connectivity of mobile devices, encrypted messaging, and platform-based commerce.

Consistent and emerging themes from the conference and beyond

The conference heard from speakers from around the world. Across all jurisdictions, several clear themes emerge worthy of consideration by those in Scotland.

First, there appears to be a consistent shift away from prosecuting isolated offences towards targeting organised criminal networks. In Singapore, prosecutors routinely opt to repatriate rather than prosecute those who appear to have committed minor immigration offences. Their firm focus is on the apprehending the traffickers and exploiters. That message was echoed by Indian, Mauritanian, Azerbaijani and English presenters.

Secondly, financial investigation and asset recovery are treated as central to matters. In 2024, Thai authorities created an ‘Anti Online Scam Operation Center’ as a “one-stop center that integrates operations with relevant agencies”. It can freeze bank accounts within minutes to stop the flow of funds obtained by fraud.

Thirdly, digital and technological evidence is increasingly dominant, requiring law enforcement and prosecutors to develop technical literacy and robust evidential strategies. A particularly striking common theme was the recognition of vulnerability. Azerbaijan and Brazilian colleagues emphasised that migrants, stateless persons, and accused persons are frequently victims. This has direct implications for public interest decision-making and evidential quality.

International cooperation emerges as both essential and problematic. While all jurisdictions recognise its importance and speak about it as an essential in the fight against modern criminality, the reality is that delays and legal inconsistencies remain significant barriers.

Finally, there is a clear emphasis on early prosecutorial involvement. Whether through whole-chain prosecution, intelligence-led approaches or integrated operational models, the trend is towards proactive rather than reactive prosecution reliant on submission of information from reporting authorities or other departments.