CPS News Brief

CPS Update - Thursday 25 November

In the News

It was a busy news day yesterday so people may have missed these two stories:

• The CPS authorised a charge of gross negligence manslaughter against Dr Hisham El-Baroudy, a former forensic medical examiner, in relation to a death in police custody in 2009.

• A 77 year old child killer was convicted in London of the repeated rape and sexual assault of a child nearly 50 years ago.

CPS Update - Thursday 18 November

In the News

• The Crown Prosecution Service announced its decision on an allegation relating to 'Witness B' yesterday following an investigation into a specific complaint by Binyam Mohamed.

The Director of Public Prosecutions, Keir Starmer, QC, issued the following statement:

“The Crown Prosecution Service has advised the Metropolitan Police Service that there is insufficient evidence to prosecute Witness B for any criminal offence arising from the interview of Binyam Mohamed in Pakistan on 17 May 2002.

“We are unable to release further information at this stage because the wider investigation into other potential criminal conduct arising from allegations made by Mr Mohamed in interviews with the police is still ongoing.”

• There is some media coverage today of the two teenagers who were sentenced yesterday for stabbing Robert Daley to death on 23 April 2010, one of whom had previously made allegations of a sexual nature against him.

Here is the CPS explanation of why no charges were brought in relation to that:

“The Crown Prosecution Service had carefully considered all the evidence relating to those allegations against Mr Daley. The young female defendant in this case failed to assist police in that investigation and due to this and other conflicting evidence, the CPS was not satisfied on the evidence available that there was a realistic prospect of conviction and in the circumstances decided that no further action should be taken. This was communicated to all parties.”

Background: The allegations against Daley were made by the teenage girl aged 14 (the defendant), her sister and another woman. They were supported by a 14 year old youth (the other defendant) who allegedly witnessed some of the offences.

The CPS carefully reviewed the evidence of two teenagers, the male defendant in this case and his girlfriend, the sister of the female defendant. However the other two potential victims/witnesses declined to be interviewed by the police in relation to their allegations and refused to assist them in their investigation. There was also other evidence which had the potential to undermine the prosecution case.

Taking all of this into account we had to conclude that there was insufficient evidence to provide a realistic prospect of conviction and it was therefore right that no further action should be taken against Robert Daley.

The lawyer who made the decision had a face-to-face meeting with the investigating officer and advised him that there was insufficient evidence for a realistic prospect of conviction. This was accepted by the officer and our decision was communicated to all interested parties.

CPS Update - Wednesday 17 November

In the News

• Following the student protests last week in London, CPS London has authorised a charge of violent disorder against 18-year-old Edward Woollard from Southampton.

Grace Ononiwu, Legal Director for CPS London North, said:

"I can confirm we have advised that Edward Woollard should be charged with one count of violent disorder in relation to a student protest outside Conservative Party Headquarters in central London on 10 November 2010. The charge relates to an allegation that Mr Woollard made his way onto the roof of a neighbouring building where he threw a fire extinguisher to the ground below.

“After a careful review of the evidence supplied by Metropolitan Police, we have decided there is sufficient evidence to prosecute Mr Woollard and it is in the public interest to do so.

“Mr Woollard was charged last night at Belgravia police station and is appearing at City of Westminster Magistrates Court, today, Wednesday 17th November 2010."

Background: The maximum sentence for the offence of violent disorder is five years imprisonment.

CPS Update - Monday 8 November

In the News

• An opinion piece in the Sunday Times carried a number of inaccuracies in relation to the CPS’ decision to charge Kevin Moore with kidnapping after he forced a child to get into his car following an earlier incident.

There are a number of misconceptions contained in the article, the most important of which are clarified below:

1. The defendant did not witness the incident between the youngsters – it was drawn to his attention after the children had run back into the church. The victim was not the boy who it was alleged (but never proven) had hit another child.
2. There was no ‘punch’ as described in the article. The evidence showed that one of the children was hit with a piece of fruit thrown by the younger boy accompanying the victim. The article states ‘nobody was concerned with the children’s behaviour'. This is not correct. The Police spoke to the mother of the boy hit by the fruit. She did not wish to bring charges.
3. The complainant did not get into the vehicle willingly. He was pulled off his bicycle and dragged to the car before being thrown up against the side of it. Independent witnesses complained because of the nature of the assault that the defendant subsequently pleaded guilty to.
4. The defendant did not make a 'citizens arrest'. There are several reports from by-standers and the youths involved that he claimed to be a policeman. The Sunday Times as well as other newspapers last week were provided with the following statement that explained what happened in this case.

Gerry Wareham, Chief Crown Prosecutor for CPS Cleveland, said:

“Kevin Moore was charged with kidnapping as there was evidence that he took a 13 year old boy into his car unlawfully and by force against his will. This case was brought to the attention of Cleveland Police by two adult members of the public who were concerned at the potentially serious nature of the incident. Both witnessed the scene and one of them called the police when he found out that the boy, who seemed upset when being forced to get into the car, was not related to the defendant whose behaviour was described as aggressive.

“The defendant said that he reacted that way in relation to an earlier incident, for which the 13 year old boy was not responsible.

“After a request from the Judge that the CPS reconsider the level of charge, an offence of common assault was added to the indictment to which the defendant pleaded guilty. In light of this plea we considered whether to go ahead with the kidnapping charge and or whether to ask for the charge to lie on file. This was discussed with the police, the victim and his family who accepted the CPS’ decision that a plea to the lesser charge was acceptable. Moore was sentenced to 18 months conditional discharge and ordered to pay £250 compensation for the common assault.

“The defendant in interview accepted that members of the public who witnessed the scene thought that his actions were terrible. The prosecutor in this case made the decision based on the available evidence.

“It is important that we robustly prosecute to deter people from acting in an unlawful manner but understand the judge’s concerns in this case. We have charging guidelines which seek to ensure we do this in an open, fair and consistent manner. I will look at this case to see whether there are any lessons we need to learn.”

For background: A group of boys aged 12-14, including the victim, were shouting at each other in a church yard with some throwing apples and berries that may have hit one of the other children present. The defendant, who did not witness this incident, chased the boys throwing fruit who had cycled away. He took his car, caught up with them and grabbed one of the boys (who was not responsible for the earlier incident) and forced him into his car.

• A numbers of reports over the weekend said that the judge’s report in relation to the case of the Labour MP Phil Woolas who was found guilty of illegal practices under election law under the Representation of People Act 1983 at the Royal Courts of Justice last Friday, will be passed onto the CPS. At this stage we have not received any file or report.

• It was reported yesterday that we will soon charge an individual in relation to the abuse of Parliamentary expenses. We are not considering any outstanding files of evidence in relation to Parliamentary expenses, so there are no imminent charging decisions. Questions about any ongoing investigations should be directed to the Metropolitan Police.

• The sentencing of Bernadette Quirk who pleaded guilty to four counts of concealing the birth of her children has been postponed to December, the date has not been confirmed yet. A statement will be released on sentencing.

CPS Update - Wednesday 3 November

In the News

• Roshonara Choudhry was sentenced to life imprisonment with a 15 year minimum term this morning for the attempted murder of Stephen Timms MP. Simon Clements, Head of the CPS Special Crime Division, said:

“An MP’s surgery where they meet their constituents is one of the cornerstones of our democracy. It allows the public to discuss their concerns face-to-face with their elected representatives about the issues that matter to them. Roshonara Choudhry decided against any peaceful discussion of issues that concerned her and instead seized an opportunity to attack a man she had never met and who had never wished her any harm. The court was told that one of the aggravating factors in this case was that Ms Choudhry clearly planned in advance to attack Mr Timms and expressed no remorse afterwards. She admitted without hesitation that her intention was to end her victim’s life, but has succeeded only in ruining her own.”

• It was widely reported this morning that Shameless star Elliott Tittensor had not been charged in relation to a permanent eye injury sustained by a young man. CPS London Senior Crown Prosecutor David Davies explained the decision:

“I received a full file of evidence in relation to allegations of causing grievous bodily harm with intent and dangerous driving on 22 September 2010.

“Having reviewed all of the available evidence I concluded that there is no realistic prospect of conviction and have advised the police to take no further action. “Although the complainant suffered serious injuries in this incident, individuals are entitled to act in a reasonable and proportionate way in self-defence where they perceive that they are under immediate threat.

“I have decided, based on evidence including statements from independent eye witnesses, that Mr Tittensor was acting in self-defence in driving in the manner in which he did that evening."

CPS Update - Tuesday 2 November

• Roshonara Choudhury is on trial for the attempted murder of Stephen Timms MP at the Old Bailey. Jury expected to go out this afternoon. We will have a statement for release on verdict.