CPS News Brief

Diary week of 3 October

Diary week of 03/10/2011

Monday

• Trial of Pakistani cricketers at Southwark Crown Court following alleged cricket match-fixing

• First hearing of George Collier for the manslaughter of Meg Burgess (three year old girl who died when a garden wall collapsed on her) at Prestatyn Magistrates Court

Tuesday

• Trial of Vincent Tabak at Bristol Crown Court for the murder of Jo Yeates, the Bristol landscape gardener

• Trial of Damien Fowkes at Hull Crown Court for the attempted murder of Soham killer Ian Huntley and the murder of convicted paedophile Colin Hatch

Wednesday

• Plea and Case Management Hearing at Inner London Crown Court for Laura Johnson, teenager allegedly involved in the recent disorder in London

• Trial of actor Brian Regan at Liverpool Crown Court for the murder of nightclub doorman Bahman Faraji

Thursday

• Sentencing of Shane Webber at Southampton Magistrates Court who pleaded guilty to a charge of harassment against his girlfriend Ruth Jeffery for stalking her online

Friday

• Plea and Case Management hearing at Mold Crown Court for footballer Ched Evans who is charged with rape after an alleged incident at the Premier Inn Hotel North Wales

Christine Hemming found guilty of burglary

Jason Pegg, Crown Advocate for West Midlands Crown Prosecution Service, said:
“This case was in its simplest terms a house burglary in which something precious and personal was stolen, namely a kitten.
“On the evening of the 29th of September last year, John Hemming and his young daughter were at the family home of Emily Cox when Christine Hemming entered the house without permission and stole a four-month old kitten. CCTV cameras, which were installed on the house, captured the moment when Mrs Hemming approached the house, entered the house and final left the house with the kitten under her arm.
“We are still unsure what the motive was behind this burglary, but whatever it was, a crime was committed and today Mrs Hemming has been found guilty of that crime.”

Diary week of 26 September

Monday

• German nationals Christian Emde and Richard Baume appear at the Old Bailey charged with terrorism offences.

Tuesday

• Trial of Christine Hemming at Birmingham Crown Court, accused of burglary. It is alleged she burgled the home of her husband’s girlfriend.

Wednesday

• Anthony Read, Karl Bartlett and Colin Nye, police officers accused of assault appear at City of Westminster Magistrates' Court.

Friday

• Hearing at Lewes Crown Court for Allen and others, accused of violent disorder and arson being reckless to endanger life following disorder at Ford Open Prison in West Sussex.

Statement from the Crown Prosecution Service on action proposed by the Metropolitan Police Service in seeking a production order against the Guardian newspaper.

A Crown Prosecution Service spokesperson said: “On Monday the Metropolitan Police asked the CPS for advice in relation to seeking a production order against Guardian Newspapers. The CPS has asked that more information be provided to its lawyers and has said that more time will be needed fully to consider the matter. As a result the scheduled court hearing will not go ahead on Friday. The MPS will consider what application, if any, it will make in due course, once it has received advice from the CPS.”

Additional information:

• Prosecutions under the Official Secrets Act require either Attorney General’s consent or, if the offence is under s.4(2) of the Act, DPP consent.
• A production order would be sought under the Police and Criminal Evidence Act. This is an investigatory matter which does not require either AG or DPP consent.

CPS statement on Able Seaman Ryan Donovan

Nick Hawkins, Chief Crown Prosecutor of CPS Wessex said:

“This was a shocking and unprecedented event where an Able Seaman shot dead an officer, wounded another and shot at two more of his colleagues in the presence not only of naval staff but also civilian visitors on board HMS Astute. A group of school children who had only just left after their visit were waiting on the jetty and heard the gunshots.

“By pleading guilty Ryan Donovan has taken criminal responsibility for his actions and, with this conviction, the family of Lieutenant Commander Molyneux and the other victims and their families will not have to relive these painful moments throughout a trial.

“My thoughts are with Mrs Molyneux and her family for their sad loss, and also with Petty Officer Christopher Brown, Chief Petty Officer David McCoy, and Lieutenant Commander Christopher Hodge who also have to live with the memory of that day.

“Donovan was in possession of an SA80 rifle and 30 rounds of live ammunition in the course of his duties as a sentry. He used this gun to shoot firstly at Chief Petty Officer McCoy and Petty Officer Brown, fortunately he missed them both and they were unhurt. He then shot Lieutenant Commander Molyneux once in the head, who died as a result of the wound received. 

"He finally shot Lieutenant Commander Hodge once in the abdomen, causing him serious injuries. Donovan was wrestled to the ground by two civilians, who acted heroically without regard to their own safety, and he was restrained and disarmed. During the struggle a seventh bullet was discharged.

“We have worked very closely with Hampshire Constabulary and the Royal Navy on this investigation producing a very strong case that resulted in Ryan Donovan pleading guilty and being sentenced just five months after this tragic event.”

CPS Diary - week of 19 September

Monday

• Plea and case management hearing at Winchester Crown Court for Able Seaman Ryan Donovan, charged with the murder of Lieutenant Commander Ian Thomas Molyneux and the attempted murders of Petty Officer Christopher Brown, Chief Petty Officer David McCoy and Lieutenant Commander Christopher Hodge, in April 2011 on board the submarine HMS Astute.

Wednesday

• Committal hearing at Bexley Magistrates' Court, Kent, for Laura Johnson who faces five counts of burglary in connection with the theft of goods from stores in south London during the disorder last month.
• Chelsea Ives, charged with two counts of burglary, violent disorder and an attack on a police car during the disorder last month. First appearance at Wood Green Crown Court, London.

Friday

• Sentencing hearing at Birmingham Crown Court for Robin Stanislaw Ligus, who is already serving life for killing a pensioner in 1994. A jury in Birmingham Crown Court in July 2011 found he was responsible for killing two other men,Trevor Bradley and Brian Coles in 1994.

CPS authorises police to charge City trader

Sue Patten Head of the Crown Prosecution Service Central Fraud Group said:

“Lawyers from the CPS Central Fraud Group have today (16 September 2011) authorised City of London police to charge 31-year-old Kwaku Adoboli. He has been charged with false accounting and fraud by abuse of position.”

Kwaku Adoboli will appear before City of London Magistrates Court this afternoon.

CPS Diary - week of 12 September

Monday

• Extradition hearing at City of Westminster Magistrates' Court, for student Richard O'Dwyer, wanted by the United States for infringing film copyright on his website.
• Sentencing at Grimsby Youth Court of Kallan Richardson, 18, who admitted grievous bodily harm after a four-year-old girl was hit in the face with a brick.

Wednesday

• Jonny Melfah, 16, due to be sentenced at Worcester Youth Court for inciting others on Facebook to take part in disorder in Worcester town centre.

Friday

• Trial of Alex Blackburn-Smith for offences under the Dangerous Dogs Act following the death of Barbara Williams who died in December 2010 after being mauled by a dog. Croydon Magistrates' Court.

Statement on R v Munir Farooqi and Others

Rose-Marie Franton, Unit Head and senior lawyer in the Crown Prosecution Service Special Crime and Counter Terrorism Division said:

“This was a very serious case where these men used their Manchester market stall as a front to lure young men into ostensibly becoming converts to Islam, but with the ultimate aim of recruiting them to attend terrorist training camps and fight overseas.

“A thorough and careful preparation of the evidence by Greater Manchester Police and the CPS included secretly recorded conversations by two undercover police officers which demonstrated how they were being groomed to fight abroad against coalition and British troops in Afghanistan.

“These conversations were played to the jury and the two undercover officers, who gave evidence in court from behind screens to protect their identities, also described to the court exactly how the defendants tried to persuade them to help with violent jihad.

“The prosecution said that Munir Ahmed Farooqi, his son Harris Farooqi, Matthew Ronald Newton and Israr Hussain Malik all used various means to groom the officers, referred to in court as Simon and Ray, to fight against the coalition forces in Afghanistan.

“The defendants gave them terrorist books and DVDs to read and watch, some of them with appalling images of atrocities against Muslims.

“The prosecution said that far from trying to help Simon and Ray reach a genuine understanding of Islam, the motive of Munir Farooqi and his associates was to recruit fighters with a religious duty to train, fight, kill and die if necessary.

“The four defendants faced 12 charges including soliciting to murder, dissemination of terrorist publications and engaging in conduct in preparation for acts of terrorism. They denied the charges but Munir Farooqi, Matthew Newton and Israr Malik have been found guilty of all charges. Harris Farooqi was acquitted of the charge he faced."

Further Information - Charges

Munir Farooqi: 3 x soliciting to murder; 1 x engaging in conduct in preparation for acts of terrorism by attempting to recruit others to engage in violence abroad; 1 x distributing terrorist publications.

Harris Farooqi: 1 x engaging in conduct in preparation for acts of terrorism by attempting to recruit others to engage in violence abroad.

Matthew Newton: 2 x distributing terrorist publication; 1 x engaging in conduct in preparation for acts of terrorism by attempting to recruit others to engage in violence abroad.

Israr Malik: 2 x soliciting to murder; 1 x engaging in conduct in preparation for acts of terrorism by attempting to recruit others to engage in violence abroad.

Two charged with the murder of Shafilea Ahmed

A man and a woman have been charged today with murder in connection with the death of Shafilea Ahmed.

The Crown Prosecution Service Mersey-Cheshire has authorised Cheshire Constabulary to charge Iftikhar Ahmed, aged 51, and Farzana Ahmed, aged 48, of Liverpool Road Warrington, with the murder of Shafilea Ahmed. They were arrested on suspicion of murder in 2010 and released on police bail.

Shafilea, 17, was last seen in her home town of Warrington, Cheshire, in September 2003. Her body was found in February 2004 on the banks of the River Kent in Cumbria.

 

Manchester man faces no charges for fatal stabbing in florist's

We have decided that no charges should be brought against 72-year-old Cecil Coley who stabbed to death an intruder who forced his way into his family’s florist shop in Old Trafford in July 2011. The CPS has also concluded that he should not face any charges for injuring a second man who was stabbed in the incident.

Nazir Afzal, Chief Crown Prosecutor for the North West Area said that he was satisfied after considering all the statements and other evidence gathered by Greater Manchester Police that Mr Coley was acting in reasonable self-defence at the time, and should not be prosecuted for any offence over the death of Gary Mullings. Mr Afzal said:

“It is difficult to envisage a more frightening set of circumstances than these. Four men, armed with guns and a knife, forced their way into the shop as Mr Coley was locking up. Mr Coley received a number of injuries, including a serious facial injury, and his friend was knocked unconscious. At some point in the incident one of the guns, a blank firing pistol, was fired.

“All the evidence indicates that when Cecil Coley took hold of a knife that was on the shop counter and struck out with it he was acting in a way that he felt instinctively necessary to protect himself, whilst fearing for his life.

“It is clear from the evidence I have seen that Mr Coley was acting in reasonable self defence, and used the degree of force that he believed was necessary when he fatally stabbed Garry Mullings and injured another of the intruders. I am therefore satisfied that there is insufficient evidence to prosecute Mr Coley for the stabbings.

“Householders, shopkeepers and anyone going about their lawful day to day activities can be reassured that the law will protect them if they use reasonable force to protect themselves, their families and their property.”

Further information

Kyle Mullings, Joseph Junior Mullings and Nathan Walters have been charged with robbery at Feathers Frills and Flowers in Shrewsbury St, Old Trafford on 26th July 2011. They will appear at Manchester Crown Court, Minshull Street, for a plea and case management hearing on 13 October 2011. The media are reminded that as those proceedings are active it is important that nothing is reported that could prejudice a future trial.

Margaret Moran faces 21 charges in relation to parliamentary expenses claims

Keir Starmer QC, Director of Public Prosecutions, today announced that Margaret Moran, former Member of Parliament for Luton South, has been summonsed to appear at City of Westminster Magistrates' Court on 19 September 2011 to face 21 charges in relation to claims she made for parliamentary expenses. Mr Starmer said:

“Having thoroughly reviewed the evidence gathered by the police, we have decided there is sufficient evidence and it is in the public interest to bring criminal charges against Margaret Moran. These charges relate to fraudulent claims with a total value of more than £60,000.

“The summons relates to 15 charges of false accounting, contrary to the Theft Act 1968. It is alleged that she claimed expenses for the furnishing and improvement of main residences between November 2004 and August 2008 through a scheme intended for the maintenance of second homes or offices.

“Ms Moran also faces six charges of forgery, contrary to the Forgery and Counterfeiting Act 1981, where it is alleged that she submitted forged invoices in support of some of her claims.”

On 15 May 2009, the Director of Public Prosecutions and the Metropolitan Police Commissioner agreed to set up a panel of senior police officers and senior prosecuting lawyers to assess a number of complaints made to the Metropolitan Police Service in relation to parliamentary expense claims.

To date, 10 files of evidence in relation to 10 individuals have been submitted to the CPS for a charging decision. Of those, seven cases including that of Margaret Moran have resulted in charges, no further action was taken in two cases and the request for a charging decision on one file was withdrawn by the police after further evidence came to light. There are no longer any cases to be considered by the panel.

Mr Starmer added:

“Margaret Moran now stands charged with criminal offences and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice her trial.”

Further information

• False accounting is an offence under Section 17 of the Theft Act 1968 and is punishable by up to seven years’ imprisonment. Using a false document/instrument is an offence under Section 3 of the Forgery and Counterfeiting Act 1981 and punishable by up to ten years’ imprisonment.
• The final evidence in this case was received from the Metropolitan Police Service on 14 July 2011. Final representations were received from the defence solicitors on 19 August 2011.

CPS Diary - Week of 5 September

Monday

• Jason Richards and Ben Hope will stand trial at Cardiff Crown Court for the murder of teenager Aamir Siddiqi in April 2010.
• Jah-Kiel McDermott will appear at Wood Green Crown Court, charged with attempted grievous bodily harm in relation to an incident in which two police officers were knocked down in London during the disorder.

Tuesday

• Reece Jackson will appear at Wood Green Crown Court to face two counts of violent disorder, one attempted burglary and three burglaries, all allegedly committed during the recent disorder.

Thursday

• Jonathan Haynes will be sentenced at Bristol Crown Court following his conviction for a series of rapes and kidnaps in Wales and Wiltshire.

Friday

• A youth charged with the murder of Richard Bowes during the recent disorder will appear at the Old Bailey to enter a plea.

CPS statement on Rebecca Leighton

The Crown Prosecution Service has decided that it is no longer appropriate to continue the case against Rebecca Leighton, charged with criminal damage intending to endanger life following unexplained deaths at Stepping Hill Hospital, Greater Manchester.

The Greater Manchester Police investigation into the deaths at the hospital continues with lines of inquiry to be pursued. If further evidence is presented to the CPS then the prosecution could be re-started, given the seriousness of the case.

The Chief Crown Prosecutor for the North West, Nazir Afzal, said:

“Rebecca Leighton was charged on the basis that there was a reasonable suspicion she had committed the offences and there were reasonable grounds for believing the continuing investigation would provide further evidence within a reasonable amount of time.

“When we make a decision on this basis it would be wrong of us to keep a suspect in custody indefinitely without keeping a very close eye on what evidence is emerging and whether objections to bail can be justified.

“The inquiries, which are still ongoing, have not so far provided us with a stronger case which would meet the test that there is sufficient evidence for a realistic prospect of conviction. This is the test all cases must meet for a prosecution to go ahead.

“We have conducted a review of the case with senior police officers and sought the advice of leading counsel on whether it would be right to keep Rebecca Leighton in custody while investigations are continuing.

“The advice we have received is that on the evidence currently available there is not a case in law which could proceed and that the charges should be discontinued.

“We have therefore this afternoon informed the prison where Rebecca Leighton is being held on remand that the case against her has been discontinued and she can be released immediately. It is right and proper for us to do this.

“As this is very much a complex investigation with lines of inquiry still being followed, there is the prospect that further evidence might emerge which the CPS would then consider alongside the evidence gathered so far. The law does allow us to reinstate charges in those circumstances, particularly where the allegations are serious.”

Rebecca Leighton also faced one charge of theft of medication belonging to the hospital. This charge has also been discontinued. Mr Afzal said:

“While there is sufficient evidence for a realistic prospect of conviction on this charge, we have decided it is not in the public interest to proceed as Rebecca Leighton would be likely to receive a nominal penalty given the time she has already spent in custody.”

Background

• Rebecca Leighton was charged under the Threshold Test, which is included in the Code for Crown Prosecutors. The Code sets out the general principles to be followed by prosecutors when making decisions about prosecutions.
• On 22 July 2011, Rebecca Leighton was charged with three charges of criminal damage intending to endanger life; three charges of criminal damage being reckless as to whether life would be endangered; one charge of theft. All these charges have now been discontinued.