CPS News Brief

Danilo Restivo convicted of the murder of Heather Barnett

A jury at Winchester Crown Court has convicted Danilo Restivo of the murder of Heather Barnett in 2002. CPS reviewing lawyer Alastair Nisbet said:

“Danilo Restivo has been convicted of the murder of Heather Barnett in her own home in Bournemouth on 12 November 2002, leaving her mutilated body for her two children to find on their return from school. Everyone who has listened to this trial will have been shocked at the callous and brutal behaviour of Restivo which was described in court.

“Heather Barnett was a devoted mother who worked long hours as a seamstress to provide for her young family. She is greatly missed by those close to her.

“The jury heard evidence about the way in which Heather Barnett was cruelly murdered and the bizarre clue which pointed to Restivo being responsible. A clump of another person’s hair was placed in her left hand, and her own hair had been cut. This was a significant factor that led investigators to Restivo, who admitted to the jury that he had cut the hair of women, both in Italy and when he came to England, on public transport and in other public places.

“The Crown Prosecution Service would like to thank the witnesses who came to the court to give evidence in the course of the trial, including other women whose hair Danilo Restivo had cut without consent; and other members of the public and expert scientific witnesses.

“The jury also heard evidence that Danilo Restivo was responsible for the murder of Elisa Claps in Italy. There were striking similarities between the two murders. It is important to say, however, that the jury was not asked to decide whether or not Danilo Restivo murdered Elisa Claps and he awaits his trial in Italy for that.

“I am grateful to the Italian authorities for their assistance, to the expert witnesses involved in the investigation into the murder of Elisa Claps in Italy, who travelled to Winchester to give evidence, and also to those Italian witnesses who gave evidence by video link from courts in Potenza, Bologna and Salerno.

"My thoughts, and those of my Crown Prosecution Service colleagues, are with Heather’s children and her wider family. I hope that this conviction today brings some small measure of comfort to them.”

The Italian authorities have requested the extradition of Restivo in relation to the murder of Elisa Claps. A prisoner can be temporarily surrendered to another country to face trial. This is discretionary and will be dealt with by the CPS and another court in due course.

CPS diary – week of 27 June

• Judge summing up at Winchester Crown Court on Monday, 27 June in case of Danilo Restivo, charged with murder of Heather Barnett in Bournemouth in 2002.
• Administrative hearing at City of Westminster Magistrates' Court, Monday 27 June, in case of Fortnum and Mason protestors charged with aggravated trespass
• Plea and case management hearing on Thursday, 30 June at Luton Crown Court for former Scotland Yard commander Ali Dizaei facing retrial accused of perverting the course of justice.
• David Norris and Gary Dobson at the Central Criminal Court, London, Friday 1 July for plea and case management hearing, charged with the murder of Stephen Lawrence.
• Sentencing at Maidstone Crown Court on Friday, 1 July of Lord Hanningfield over expenses fraud.

DPP says Bellfield trial raises "fundamental questions"

The Director of Public Prosecutions, Keir Starmer QC, said

“This trial has raised some fundamental questions about the treatment of victims and witnesses in the court process. Those questions require answers and we will be contributing to the review by the Ministry of Justice into all aspects of victim support.”

CPS statement on the trial process

Roger Coe Salazar, Chief Crown Prosecutor of the Crown Prosecution Service in the South East, said:

“There is no doubt that this experience has been extremely distressing for the Dowler family and it is impossible not to be moved and disturbed by the sentiments they have expressed today. I and my staff find the courage that they have displayed over such a long period of time, and most recently during the trial, most humbling.

“We carry our role towards victims and witnesses at the heart of what we do and we know from experience that the trial process can be a highly traumatic experience for witnesses and loved ones. The adversarial nature of our criminal trial system in this country is designed to test the evidence given by witnesses; be they for the prosecution or defence so as to ensure safe conviction and acquittal of the innocent.

“A prime focus of the prosecution team from the outset was to provide as much support to the Dowler family as possible. This involved a number of meetings to explain the court process as well as to discuss what might be said in court depending on the nature of the defence advanced. However we must recognise that there are some aspects of the trial, in particular in cross examination, which no amount of general foresight can ever prepare someone for. Even more so in this case due to the huge public interest and national media coverage.

“I would now like to address some particular aspects related to this case.

“We were legally required to disclose to the defence evidence obtained during the initial police investigation into Mr Dowler. This was because that evidence became relevant to the defence being put forward to the jury, irrespective of it being a defence that the prosecution dismissed as being ludicrous and which observers may have found offensive. Nevertheless, even in such emotive moments we cannot lose sight of a fundamental principle within our legal system that a defendant should be able to advance his defence before a jury.

“Once we became aware of the actual nature of the defence that was going to be put forward and the likely evidence that would be advanced to support the defence theory we applied for reporting restrictions on the cross examination. The judge, in balancing the representations of the prosecution with the interests of open justice, refused the prosecution’s application.

“During the course of Sally Dowler’s cross examination the prosecution did object to questioning by the defence wherever we legitimately could. After witnessing the distress the experience caused Mrs Dowler we decided not to call Milly’s sister, Gemma, to give evidence.

“In deciding whether a prosecution is required in the public interest, a range of factors are taken into account, in particular the views expressed by the victim or their family. It is a testament to the Dowler family’s fortitude that they supported the prosecution of Levi Bellfield for the abominable crime he committed. I know they feel today that the jury trial process has let them down, but I hope that in the future the pain and anguish they are presently feeling will be somewhat diluted as a result of the convictions secured yesterday."

CPS statement at the conclusion of Levi Bellfield's trial

Nigel Pilkington, reviewing lawyer in the case and head of the South East Complex Casework Unit, said:

“The disappearance of Milly Dowler, the long wait to know whether she was still alive, and then the confirmation of her death, are cruel and intolerable moments for any parents or relatives to have to go through.

“The Dowler family have shown enormous strength and dignity in reliving these events that deprived them of a daughter and sister who loved them and who they loved so very much. The man responsible for Milly’s death, Levi Bellfield, has been convicted by a jury, unanimously.

“Milly was only 13 when she disappeared on Thursday 21 March 2002 near Walton-on-Thames station where she had stopped for some chips with her friends at the station café as any young teenager might do, before heading home.

“We know that she never arrived there. She was last seen by witnesses leaving the café, walking a short distance along Station Avenue and then she was gone; gone in the blink of an eye, lost in a moment of time.

“I would like to thank all the witnesses and in particular, I would like to thank Rachel Cowles for her courage in giving evidence in this trial so many years after the event.

“After consideration of the judge’s ruling this morning that the jury should be discharged, and discussing the matter with Rachel and her family, we have informed the court and the judge we will not be seeking a retrial on the charge of her attempted abduction.

“The CPS South East Complex Casework Unit, the Police and Prosecuting Counsel have worked very hard in this case put before the jury. The prosecution case relied almost entirely on circumstantial evidence, but circumstantial evidence can be compelling in building up a picture of guilt and, in this case the various strands of circumstantial evidence have convinced the jury.

“Many of Milly’s school friends made statements in this case and some gave evidence including Danielle Sykes and Hannah MacDonald who are now in their early 20s, as Milly would have been.

“For them, life has moved on from a little after four o’clock on that sunny afternoon in March 2002. But for Milly, a perfectly ordinary day, made up of a sequence of seemingly perfectly ordinary events, was ended by a wicked man whose path she so momentarily and fatefully crossed that day.

“I am pleased that for the Dowler family, their relatives and friends who have waited over nine years to see the man responsible for their daughter’s abduction and death, that today their wait is finally over.”

CPS advises Ryan Cleary is charged

Richard Heatley from the Complex Casework Unit in CPS London said:

"We have today advised the Metropolitan Police Service to charge Ryan Cleary with one offence of conspiracy to contravene the provisions of the Computer Misuse Act 1990, three offences of committing an unauthorised act with intent contrary to Section 3 of the Computer Misuse Act 1990 and one offence of making, supplying or obtaining articles for use in an offence under Section 3 of the Computer Misuse Act 1990 contrary to Section 3A of the Computer Misuse Act 1990.

This follows the arrest of Ryan Cleary in relation to suspected commission of offences contrary to the Computer Misuse Act. The decision was taken in accordance with the Code for Crown Prosecutors.

“The defendant will appear at the City of Westminster Magistrates Court on 23 June 2011.“

CPS Diary – week of 20 June

w/c 20 June

• The jury at the Central Criminal Court may return a verdict in trial of Levi Bellfield, who is charged with the murder and kidnapping of Amanda (Milly) Dowler, and the attempted kidnapping of Rachel Cowles

Monday 20 June

• PC Simon Harwood is due to appear at City of Westminster Magistrates' Court for a first hearing, having been charged with the manslaughter of Ian Tomlinson.

Tuesday 21 June

• Trial of Christine Hemming, alleged to have burgled a property to steal a kitten from her MP husband’s alleged mistress, at Birmingham Crown Court

• Sentencing at Bradford Magistrates' Court of judge James Allen QC for assaulting his wife

First ‘land banking’ fraud case

The Crown Prosecution Service has authorised City of London Police to charge four men with conspiracy to defraud their investors. This is the first time the Crown Prosecution Service has brought a prosecution for a ‘land banking’ fraud.

Luke Dockwray, reviewing lawyer in the CPS Central Fraud Group, said:

“This is the first time the Crown Prosecution Service has brought a prosecution for a ‘land banking’ fraud. The evidence we have suggests that these defendants sold land to investors by falsely representing that the land was suitable for future development and offered real investment opportunity.

“I considered over 16,000 pages of evidence gathered by the City of London Police during their investigation. Having reviewed that material, I have concluded that there is sufficient evidence for a realistic prospect of conviction, and that it is in the public interest to charge Omar Eshpari, Stefan Mitchell, Dean Straker and Derial White with conspiracy to defraud their investors.”

See the City of London Police press release for more details.

DPP speaks about allowing cameras in court

Keir Starmer QC, the Director of Public Prosecutions, was asked last month about his views on allowing cameras in court. He said that he was supportive of the principle, with appropriate safeguards particularly in cases involving vulnerable individuals. He repeated this in a discussion on Sky News yesterday. Some commentary has suggested that the DPP is backing particular proposals, currently being considered by the Ministry of Justice, to allow cameras in courts. To clarify, Mr Starmer has not seen these proposals, and told Sky News:

“There are proposals that have been put forward. I am not going to comment on them. They’re for other people. I am simply saying from my point of view - a prosecutor’s point of view - that I think this is a good idea”

Statement from DPP Keir Starmer QC on the Ratcliffe on Soar power station cases

In light of growing concerns about the non-disclosure of material relating to the activities of an undercover police officer in the Ratcliffe on Soar power station cases, I have decided that I will set up an independent inquiry, conducted by a senior legal figure, to work in tandem with the IPCC inquiry into the matter which began in January 2011 . The two inquiries will have full access to all the available evidence, whether held by the police or the CPS, and will share information. They will also share their provisional findings before final reports are drawn up.

This arrangement will provide independent scrutiny of the actions of both the police and the CPS in relation to the disclosure issues arising from the Ratcliffe on Soar power station cases. It is an arrangement supported by the IPCC and the Chief Constable of Nottinghamshire. Until the two inquiries report, it is important that no conclusions are drawn about any individuals involved in this matter.

Keir Starmer QC, Director of Public Prosecutions

CPS response to Guardian report on Ratcliffe-on-Soar case

All the public statements made by the Crown Prosecution Service about this case have been made based on the information that was available at the time and as set out in the chronology below. The CPS has been in close contact with the IPCC to share information and material with them and to make them aware of our internal procedures.
 
There have been a number of reviews of different aspects of this complex case. Following the collapse of the January case, Clare Montgomery QC was asked to advise on the safety of the convictions of the 20 activists in an earlier case, and gave advice only on that specific and narrow point.  She was not asked to consider the issues, which the IPCC are examining.  At the same time a CPS review into the disclosure of material by the prosecution was conducted and completed in March 2011. It was only after this review was completed that Deputy Chief Constable Eyre’s letter reached the CPS, which contained allegations about a failure to disclose material.
 
This warranted a full and formal inquiry which Chris Enzor, Deputy Chief Crown Prosecutor for CPS North East, has been commissioned to conduct. The outcome of this inquiry will have no bearing on Ms Montgomery’s advice.
 
It would be wrong to anticipate the outcome of Mr Enzor’s formal inquiry. The original police investigation took at least two years and generated thousands of pages of evidence. Mr Enzor has no previous knowledge of this case and his thorough review of the evidence is, therefore, likely to take some time. The CPS will share the findings of this inquiry with the IPCC and Nottinghamshire Police, and will also make a public statement, in line with our policy to be accountable to the public and transparent in our work.
 
Before that time, however, no conclusions should be drawn about any individuals involved in this matter. We continue to work with both the police and the IPCC to resolve the outstanding issues in this case.  Our view is clear:  comments and allegations made before the formal processes outlined above are complete are inappropriate and unhelpful.
 
Chronology
 
7 January 2011 – Statement issued to the media explaining the decision to discontinue the January case.
Previously unavailable information that significantly undermined the prosecution’s case came to light on Wednesday, 5 January 2011. In light of this information, the Crown Prosecution Service reviewed the case and decided there was no longer sufficient evidence for a realistic prospect of conviction. There will be a hearing on Monday offer no evidence, thereby discontinuing the case.”
10 January 2011 – CPS offers no evidence against six activists at Nottingham Crown Court over a protest at Ratcliff-on- Soar Power station.
21 March 2011 - Internal review into the case is completed by CPS.
23 March 2011 – CPS receives a letter (dated 17 March) from DCC Eyre, which claims that CPS had earlier sight of material in question.
24 March 2011 – Addendum is added to the CPS internal review recommending fuller inquiry in light of DCC Eyre’s claims.
April 2011 – Deputy Chief Crown Prosecutor Chris Enzor is asked to conduct a formal internal inquiry into the case, including looking at the actions of those involved. Mr Enzor has had no previous knowledge of or involvement in this case and his review of the extensive materials is expected to take some time.
18 April 2011 – CPS writes to defence solicitors and issues public statement inviting 20 defendants to appeal their convictions. This is in light of advice sought from Clare Montgomery QC on the specific point of the safety of those earlier convictions.
“The Director of Public Prosecutions, Keir Starmer QC, has written to the legal representatives of 20 protestors convicted of conspiracy to commit aggravated trespass after a protest at Ratcliffe on Soar power station, inviting them to appeal the convictions. On 28 January 2011, Mr Starmer asked Clare Montgomery QC to review the case of those protestors convicted in December last year. Ms Montgomery has now completed her review and given her conclusions to the DPP. Mr Starmer said: "I instructed Ms Montgomery to review the safety of the convictions of the individuals convicted at Nottingham Crown Court on 14 December 2010 in light of non-disclosure of material relating to the activities of an undercover police officer. Ms. Montgomery has now completed her review and, having carefully considered her conclusions, I believe that the safety of the convictions should be considered by the Court of Appeal as soon as possible. The prosecution cannot lodge an appeal to the Court of Appeal save in very limited circumstances, which are not met here, and in my letter I have invited the defence to lodge an appeal and to include the issue of non-disclosure of material relating to the activities of an undercover police officer in any grounds of appeal. I have also indicated that the CPS will assist in any steps necessary to expedite the appeal. The safety of the convictions is a matter that can only be dealt with by the Court of Appeal. I am satisfied that, despite the ongoing reviews into what happened in this case, this is the only proper course of action. It would be wrong if, having reached this conclusion, I waited until the reviews were completed before contacting the defence about a possible appeal. As reviews into the handling of this case have yet to report, it would not be appropriate for me to comment further on any issues involving the undercover officer."

20 April 2011 – The CPS internal review and its addendum (from March 2011) are sent to the IPCC.
23 May 2011 – The CPS responds to questions from the Guardian about disclosure of material to IPCC.
“The CPS has shared preliminary information with the IPCC from its own initial inquiry and is in discussion with the IPCC about sharing more information as the more detailed formal inquiry continues.”
27 May 2011 – Statements gathered during the CPS internal review sent to IPCC.
 
Ongoing -
· Nottinghamshire Police have asked for the legal advice provided by Miss Montgomery QC and we will be responding shortly.
· The CPS has not been provided with a copy of the East Midland Regional Review report, but has been made aware of allegations in the letter received from DCC Eyre on March 23 2011. Mr Enzor has been granted access to the report.
· The formal internal inquiry, conducted by Mr Enzor, continues.

Three men charged over Watford incident

Three men from Luton have today been charged following an incident at the Co-operative Bank in Market Street, Watford at around 10am on Thursday, June 2.

Co-operative Bank worker Muhammed Qasim Salam, 23, from Bracknell Close, 23-year-old Imran Khalifa, who is unemployed and from Maiden Hall Road and 23-year-old Faizan Rehman are all charged with conspiracy to steal, conspiracy to commit a bomb hoax and theft.

Faizan Rehman was arrested last night (Friday, June 3).

Adrian Roberts, Head of the CPS Thames and Chilterns Complex Casework Unit said:

“I have been working closely with Hertfordshire Constabulary and I have now authorised them to charge Muhammed Qasim Salam, Imran Khalifa and Faizan Rehman with conspiracy to steal, conspiracy to conspiracy to commit a bomb hoax and theft.

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

"The defendants will remain in police custody and are due to appear before Hatfield Remand Court on Monday, June 6.”

CPS Diary - Week of 6 June

• The defence case will start in the trial of Levi Bellfield at the Central Criminal Court

• The summing up in the trial of Danilo Restivo will start at Winchester Crown Court. He was extradited from Italy for the murder of Heather Barnett

Monday 6 June

• Trial of PC John Caulfield starts at Southwark Crown Court for assaulting a French student.

19 year-old charged with murder of Sadiq Adebiyi

Yiana Ridley-Faux, reviewing lawyer for CPS London’s Complex Casework Unit, said:

“I have today authorised the Metropolitan Police to charge Tadzingwa Philip Gambiza with one count of murder. The charge relates to the shooting of Sadiq Adebiyi in Clapham Road, London on the evening of Tuesday 31st May. I have also authorised the police to charge him with an additional charge of possessing a firearm with intent to endanger life.

“The decision was taken in accordance with the Code for Crown Prosecutors.

“The defendant will appear at Camberwell Green Magistrates’ Court tomorrow morning (June 3rd).”

CPS Update - Thursday 2 June

Lobster fisherman Jamie Green and four other men who conspired to import 255kg of high-purity cocaine into the UK fell into the nets of law enforcement agencies and were convicted today at Kingston Crown Court. They were sentenced to a total of 104 years' imprisonment.

Green, together with Daniel Payne, Zoran Dresic, Scott Birtwistle and Jonathan Beere, planned to get the cocaine back to the UK by putting it into several rucksacks that were tied to a buoy, in the same way that lobster pots are strung together. The drugs had been thrown overboard in the Channel from MCS Oriane, which was en route from Brazil.

Senior Crown Prosecutor Ogheneruona Iguyovwe for the CPS Organised Crime Division said:

“Lobster fisherman Jamie Green masterminded an audacious plot of disguising over 250kg of cocaine in rucksacks among lobster pots off the Isle of Wight. The prosecution case was that the cocaine was thrown overboard by smugglers from a container vessel MCS Oriane en route from Brazil. Green with his co-defendants, Daniel Payne, Zoran Dresic, Scott Birtwistle and Jonathan Beere planned to get the cocaine back to the UK shore by putting it into several rucksacks that were tied to a buoy, in the same way that lobster pots are strung together. The plan was to pick up the drugs as if Green and his accomplices were coming back from a normal lobster fishing expedition.

“This case demonstrates that organised criminals will use whatever techniques they can to try and evade the nets of law enforcement. However, SOCA and CPS worked closely together to bring a strong prosecution case to show how each man was involved in the conspiracy. After hearing the prosecution’s case, the jury was satisfied of each defendant’s guilt and convicted them on all charges of conspiracy to import cocaine.

“We will now apply for their ill gotten gains to be confiscated.”

Green, Beere and Dresic were sentenced to 24 years each, Payne was sentenced to 18 years and Birtwistle to 14 years.