CPS News Brief

Christopher Halliwell charged with the murder of Sian O'Callaghan

We have authorised Wiltshire Police to charge Christopher Halliwell with the murder of Sian O’Callaghan.

Simon Brenchley, District Crown Prosecutor, CPS Wiltshire said:

“I have been working closely with Wiltshire Police and have authorised them to charge Christopher Halliwell with Sian O’Callaghan’s murder.

“Having reviewed the evidence, I am satisfied that there is sufficient to charge him, and that it is in the public interest to do so.

"I must remind the media to take care in reporting events surrounding this case. Mr Halliwell has been charged with a serious offence and is entitled to a fair trial. It is extremely important that nothing should be reported which could prejudice any trial.

“I will keep liaising closely with the police as their investigation continues."

Mr Halliwell is due to appear before Swindon Magistrates' Court on the morning of Monday 28 March 2011.

CPS Diary - Week of 28 March

Tuesday 29 March

• There will be a plea and case management hearing in the Harry Redknapp, Milan Mandaric and Peter Storrie case at Southwark Crown Court. The defendants are charged with various counts of cheating the public revenue.

Thursday 31 March

• Jim Devine, a former MP convicted of two counts of theft by false accounting last month, will be sentenced at Southwark Crown Court.

Update: Jim Devine will now be sentenced at the Old Bailey, not Southwark Crown Court.

Delroy Grant, the ‘Night Stalker’, convicted

Delroy Grant, known as the 'Night Stalker', has been convicted today at Woolwich Crown Court of a series of sexual offences and burglaries in south London between October 1992 and November 2009.

Grant was arrested on 15 November 2009 while attempting a burglary. CPS London’s Complex Casework Unit authorised charging him with 29 counts: three rapes, one attempted rape, six indecent assaults, one sexual assault, 16 burglaries and two attempted burglaries. He was convicted on all counts this morning.

Andrew Hadik, reviewing lawyer for CPS London, praised the courage of the victims:

“We may never know exactly why Delroy Grant raped and attacked so many innocent people over the last 17 years – he has steadfastly refused to admit any responsibility or to show any remorse.

“His vicious attacks, masked with a contemptuous politeness towards his victims, traumatised people who should have been enjoying the security and comfort of their own homes. The bravery of Grant’s victims, who had to relive their ordeal while giving statements to the police and assisting with the investigation, was pivotal in bringing him to justice. We thank them for their courage and for helping to put an end to Grant’s crimes.”

Grant will be sentenced tomorrow morning at Woolwich and faces a maximum sentence of life imprisonment.

CPS Update - 22 March

The Court of Appeal has today dismissed Kenneth Noye’s appeal against his conviction. This appeal had been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC) and concerns the murder of Stephen Cameron by Kenneth Noye in 1996.

Angela Deal, Head of the Appeals Unit of the Crown Prosecution Service said:

“We are satisfied that the Court of Appeal has today confirmed that Kenneth Noye’s conviction was safe.

“This appeal was referred by the Criminal Cases Review Commission and was strenuously opposed by the CPS’s recently established Appeals Unit.

“Despite concerns relating to the credibility of an expert witness who gave evidence for the prosecution at the trial, the Court has considered all the grounds of appeal and the prosecution’s response and has decided not to allow the appeal.”

Prosecution of Philip Woolas not in public interest

Former MP Philip Woolas will not be prosecuted in relation to statements he made about an opponent during the 2010 General Election in Oldham East and Saddleworth.

The Director of Public Prosecutions has a statutory duty under the Representation of the People Act 1983 to make inquiries and begin proceedings if required after he is notified that an electoral offence may have been committed.

Section 106 of the Act prohibits making false statements about the personal character or conduct of another candidate during a campaign for the purposes of affecting the election.

The election of Mr Woolas was declared void by the Election Court on 5 November 2010 because of statements made by him.

The Crown Prosecution Service (CPS) considered the judgment of the Election Court and has decided a police investigation into his conduct is not required as a prosecution would not be in the public interest. Simon Orme, reviewing lawyer for the CPS Special Crime Division, said:

“The Election Court has already decided that Philip Woolas did make false statements about an opponent. As a result, Mr Woolas lost his seat in Parliament and was banned from standing for election for three years.

“When deciding to prosecute, we must consider whether a sufficient civil penalty has already been imposed on the suspect. In the circumstances, I have concluded that the serious nature of the allegations has been adequately addressed and it is unlikely that a criminal court would impose any significant further penalty. On that basis, a prosecution is not needed in the public interest.”

• The duty of the Director of Public Prosecutions to make inquiries into possible election offences and institute proceedings as required is set out in statute under Section 181 of the Representation of the People Act 1983.

• An offence under Section 106 of the Act is punishable by up to a £5,000 fine at the magistrates’ court.

• All of the public interest factors that can weigh for or against a prosecution can be found in the Code for Crown Prosecutors. The factors against prosecution in this case included: 4.17 (a) the court is likely to impose a nominal penalty; and 4.17 (c) the suspect has been subject to any appropriate regulatory proceedings, or any punitive or relevant civil penalty which remains in place or which has been satisfactorily discharged, which adequately addresses the seriousness of the offending and any breach of trust involved.

CPS Diary – Week of 21 March

Monday 21 March

• John Cooper will stand trial at Swansea Crown Court for two double murders in the 1980's.

• The trial of Robin Garbutt for the murder of his wife (postmistress Diana Garbutt) in March 2010 will begin at Teeside Crown Court.

Tuesday 22 March

• Former MP David Chaytor will be seeking leave to appeal against sentence following his conviction (after a guilty plea in December) for three counts of theft by false accounting in relation to his Parliamentary expenses. The appeal will be heard on the day if leave is granted.

• The appeal hearing for Ali Dizaei, a former Metropolitan Police Service commander convicted of misconduct in public office and perverting the course of justice in February 2010, will begin at the Royal Courts of Justice. It is expected to last two days.

• The Court of Appeal will deliver its judgment in Kenneth Noye’s appeal against his 2000 conviction for stabbing a man on the M25 in Kent.

Friday 25 March

• Two London clergymen charged in relation to approximately 200 sham marriages will appear for a first hearing at Stratford Magistrates' Court.

CPS Update - Thursday 17 March

• The first hearing for the three Pakistan cricketers and their agent took place this morning at City of Westminster Magistrates’ Court. All four were released on bail and will appear at Southwark Crown Court for a plea and case management hearing on 20 May.

• In a report about Anne Darwin, the Daily Mail has said that “…thanks to a legal blunder by UK officials many now fear that she may return to Panama to collect the ill-gotten gains and pick up where she left off.”

This is incorrect. Darwin’s bank account in Panama (containing £143,952) has been frozen, her property in Panama is being sold and she has surrendered her passport to the police. The passport will not be returned until the confiscation proceedings are completed.

• The sentencing of former MP Jim Devine, convicted of two counts of theft by false accounting last month, has been set for 31 March.

Two London clergymen charged over sham marriages

We have authorised the UK Border Agency’s London Immigration Crime Team to charge two Church of England clergy with conspiring to facilitate unlawful immigration. Andrew Hadik, CPS London reviewing lawyer, said:

“Having considered a full file of evidence in this case, I have decided that there is sufficient evidence and it is in the public interest to prosecute Reverend Brian Shipsides and Reverend Elwon John for conspiring to facilitate entry and to obtain indefinite leave to remain in the UK in breach of immigration law. The charges relate to approximately 200 marriages, the majority between EU and non-EU residents, conducted by both clergymen at All Saints Church, Forest Gate, London between December 2007 and the end of July 2010.”

Brian Shipsides and Elwon John will appear at Stratford Magistrates’ Court on Friday 25 March 2011.

• The offence of conspiracy to facilitate unlawful immigration contrary to section 1(1) of the Criminal Law Act 1977 carries a maximum sentence not exceeding 14 years’ imprisonment.

CPS Update - Monday 14 March

• Police constable Marcus Ballard has been convicted of common assault this morning at City of Westminster Magistrates' Court for pushing a teenager. Gaon Hart, reviewing lawyer from the CPS Special Crime Division, said:

“However challenging a situation PC Ballard found himself in, his role as a police officer is to maintain public order. But instead he assaulted a young member of the public. He grabbed the young man and then shoved him towards a window where he intended to question him – the type of policing which has no place in modern society.

“PC Ballard’s actions fell far outside what was lawful and the Crown Prosecution Service is pleased to have secured justice for his victim. We would like to thank those who came forward to give evidence in court and the IPCC for their thorough investigation.”

PC Ballard faced two charges of common assault - the first for grabbing the teenager by the arm and the second for pushing him. He was acquitted on the first charge and convicted on the second.

• There was a report in the Times this morning that said we were planning "a review of the system" (paywall) around agreements with witnesses under the Serious Organised Crime and Police Act 2005 following the Daniel Morgan case. To clarify, this is not a review of the use of agreements with witnesses under SOCPA, but a reflection, with the police, on all aspects of this case. This will include disclosure and the use of SOCPA witnesses in this case to see what lessons can be learned.

CPS Diary – Week of 14 March

Monday 14 March

• Lord Hanningfield will appear at the Old Bailey for a plea and case management hearing on six counts of false accounting in relation to his Parliamentary expenses.

Thursday 17 March

• The three Pakistan cricketers and their agent facing corruption and cheating charges will appear at City of Westminster Magistrates’ Court for a first hearing. Summonses were issued last month for the four defendants.

Friday 18 March

• Rajib Karim, the former BA employee convicted of terrorism offences on 28 February, will be sentenced at Woolwich Crown Court.

• Mervyn Westfield, a former Essex county cricketer, will be at Southwark Crown Court for a plea and case management hearing. He is charged with corruptly accepting or obtaining a payment for himself and with assisting another to cheat at gambling.

CPS Update - Friday 11 March

• Raoul Moat's associates, Karl Ness and Qhuram Awan, have both been convicted of conspiracy to murder, attempted murder and robbery at Newcastle Crown Court. Ness was also convicted of murder. Kingsley Hyland, Head of the CPS North East Complex Casework Unit, said:

“The events of early July last year focussed the attention of the world’s media on Northumbria in a way never previously experienced. An innocent victim of Raoul Moat lost his life in the early hours of 3 July and I would like to pay tribute to the courage and dignity which Mrs Sally Brown has displayed as she sat through the graphic and no doubt harrowing evidence of her son’s final minutes. I would also like to pay tribute to PC David Rathband and Samantha Stobbart who have had to re-live in court the horrific events which came so close to ending their lives too. The shooting of PC David Rathband, which meant he has lost his sight, was a truly shocking event.

“It was the Crown’s case that Karl Ness and Qhuram Awan, at different times, willingly engaged with Moat in full knowledge of what his intentions were. The jury by their verdicts have accepted that. Ness and Awan will now have a considerable time to reflect upon the consequences of allying themselves to Moat and his murderous intentions.”

• Italian businessman Giovanni di Stefano has been extradited to the UK from Spain and appeared in court today for a first hearing on fraud charges. Andrew Penhale of the CPS Organised Crime Division said:

“Giovanni di Stefano has appeared in City of Westminster Magistrates’ Court this morning on a European Arrest Warrant from Spain.

"Mr di Stefano is charged with 10 counts of obtaining a money transfer by deception, one of attempting to obtain a money transfer by deception, one of obtaining property by deception; one count of theft of a BMW car belonging to BMW Financial Services; three counts of money laundering; two counts under the Fraud Act 2006.

"The charges refer to events between 2004 and 2009 and the alleged deceptions include representations that he was a qualified Italian lawyer.

"Mr di Stefano was granted conditional bail and the case was adjourned to Tuesday, 26 April 2011 for committal to Crown Court.”



CPS stops prosecution for 1987 killing of Daniel Morgan

We have decided that the prosecution of three men for the killing of private detective Daniel Morgan in 1987 cannot continue. Alison Saunders, Chief Crown Prosecutor for CPS London, said:

“Daniel Morgan was brutally killed 24 years ago. When we authorised charges against five men in April 2008 in relation to his death, we knew this would be a challenging prosecution because of both the passage of time and the amount of material, more than 750,000 pages, which needed to be considered for disclosure to the defence. Material that could assist the defence or undermine the prosecution must be disclosed.

“We were, until yesterday, satisfied that there was sufficient evidence for a realistic prospect of conviction. However, we must continuously review prosecutions to ensure that it is both fair and appropriate that they continue. We no longer believe this prosecution should continue.

“In December 2009, the police revealed a large amount of material to us that had not been considered for disclosure before. There was then considerable legal argument on whether it was possible for the case to proceed. Officers assured the court that there was no further unconsidered material. The judge was considering this matter when, on Friday 4 March 2011, the police revealed further material that had not been previously considered.

“We have decided that a prosecution cannot continue in these circumstances. We cannot be confident that the defence necessarily have all of the material that they are entitled to. This point would be raised by the defence during any trial, so we are no longer satisfied that there is sufficient evidence for a realistic prospect of conviction.

“This decision has been taken by the CPS with the advice of senior counsel. Daniel Morgan’s family was also consulted before this decision was taken. This has been a long and difficult ordeal for the family, and we have offered them our heartfelt sympathies.”

Background

• The CPS authorised charges against five men in April 2008 – a joint charge of murder against William (Jonathan) Rees, Glen Vian, Gary Vian and James Cook and a charge of perverting the course of justice against Sidney Fillery. However, the cases against Cook and Fillery had already been discontinued at an earlier stage in the proceedings.

• Three prosecution witnesses were subject to agreements under the Serious Organised Crime and Police Act (SOCPA) 2005.

• The case against Sidney Fillery relied entirely upon the evidence of a SOCPA witness that was ruled inadmissible by the court in February 2010. We then offered no evidence against him for perverting the course of justice.

• The case against James Cook relied upon the evidence of three witnesses, including the evidence of the SOCPA witness that the court had ruled inadmissible. We carefully considered whether it was possible to continue with the evidence of the other two witnesses, including another SOCPA witness, but decided it was not possible in November 2010.

• It emerged in December 2010 that material that could have assisted the defence concerning the prosecution’s remaining SOCPA witnesses and should have been disclosed by the police had been lost. Although we could no longer use this witness’s evidence against the remaining three defendants, we were satisfied the prosecution could continue.

CPS Update - Thursday 10 March

There have been a number of reports over the past week relating to murdered PC Yvonne Fletcher.

The investigation into the death of Yvonne Fletcher is ongoing and there is still evidence to be gathered. So the CPS has yet to receive a file containing the admissible evidence from a completed investigation. It would only be at that point that we could give final advice on prosecution.

CPS Update - Wednesday 9 March

TERENCE ROY BROWN – CONVICTED TODAY OF TERRORISM OFFENCES AT WINCHESTER CROWN COURT

Attributed to Moira Macmillan, CPS Counter Terrorism Division lawyer:

Terence Brown made money from producing and selling CD Roms which contained details of step-by-step instructions that could be used by anyone planning or committing a terrorist attack.

He has stated throughout that he has no terrorist sympathies and was simply making a living by gathering together information that was already available on the internet, charging for pulling it together and sending it out on disc.

The law is clear that it is a crime to gather this information without a reasonable excuse or to disseminate material which is clearly intended to be of use to terrorists. A person’s intentions or motivation for doing this is irrelevant. What is significant is the fact you have this material in your possession, or distribute it, and that it can be useful to someone with a terrorist purpose.

Although Brown called his collection The Anarchist Cookbook, it is not the same as the book published in America in the 1970s in protest against American involvement in Vietnam. While Brown used the same title, what he collected and sold had very different content and was on a very different scale – if printed out it would run to tens of thousands of pages – and included hundreds of instructions on making bombs, explosives and poisons such as Ricin.

By their guilty verdicts today, the jury has shown that they do not believe that Brown’s explanation for his actions were reasonable.

CPS Update - Tuesday 8 March

Kenneth Noye’s appeal against conviction is listed today for reading time at the Royal Courts of Justice. The hearing will start tomorrow and last two days when Kenneth Noye will appear via video link.

A man who burnt a poppy wreath on Armistice Day last year was convicted of a Section 5 public order offence at City of Westminster Magistrates’ Court yesterday and fined £50. You can read more about when and why we charge this offence in our legal guidance.