CPS News Brief

Tackling myths and stereotypes around Violence Against Women (VAW) crimes

An article in The Guardian today implies that the CPS is not as aware as it should be of the need to tackle myths and stereotypes surrounding rape prosecutions.

A large number of myths and stereotypes surround VAW crimes. The Crown Prosecution Service does not allow these myths to influence our decisions and we will robustly challenge such attitudes in the courtroom, as the implications of these myths can be damaging for victims and each are disproved by the facts.

Myths and stereotypes will often become apparent during the course of VAW cases, and prosecutors will do all that they can to dispel them. Prosecutors who deal with rape cases are taught about them as part of their specialist training.

The CPS has collated a list of the societal myths that are often found to exist in cases of rape, together with the facts that disprove them. These myths and the responses to them can be found in our legal guidance, in Section 21 of the Rape Manual.

CPS Direct Lawyers kept busy on Christmas Day

CPS Direct lawyers dealt with 136 calls on Christmas Day morning.

One such call for on duty CPS Direct prosecutor Bryan Drew, working from home in Devon, came from West Midlands police who arrested a suspect following a car chase. In interview the suspect maintained he had only been the passenger in the vehicle, despite the fact that two police officers say they clearly saw him driving. He was unable to offer an explanation as to why the car key swere hidden in his underpants. Bryan Drew authorised charges for dangerous driving, driving whilst disqualified and driving without insurance.

Deputy Chief Crown Prosecutor Peter Swain spent Christmas Morning assisting the lawyers of CPS Direct in giving charging advice to police forces across England and Wales.

He said:

“Between 9am and 2pm on Christmas Day this year CPS Direct had 41 lawyers on call. They were working from home in shifts, from Truro to Carlisle, and dealt with 136 calls from police relating to 111 suspects.

“CPS lawyers are also available in the evenings and throughout the holiday period to ensure prompt guidance is provided to the police.

“Typically for this time of year, drink clearly played a part in much of the offending – including two suspects, one in Durham and one in Sandwell, who were arrested following incidents in hospitals whilst staff tried to treat them following the consumption of excess alcohol. One suspect was charged with racially aggravated disorderly behaviour and one with racially aggravated assault.

“Sadly, as with previous years, many of the cases that we handled were instances of domestic violence. Indeed, 79 of the cases referred to our lawyers by the policeon Christmas Day morning were classed as ones of domestic violence. CPS prosecutors work with police officers to try to ensure the safety of victims who will be particularly vulnerable at this time of year.”

CPS Direct provides out of hours charging advice to all police forces across England and Wales, currently operating 5pm to 9am, Monday to Friday and 24 hours a day at weekends and Public Holidays. Our prosecutors are based throughout England and Wales, and work in shifts from their own homes.

CPS Direct has 110 Duty Prosecutors.

In the year 2010 - 2011 CPS Direct received 191,392 telephone calls from the police and provided 155,647 charging advices.

CPS Direct lawyers working on Christmas Day

Deputy Chief Crown Prosecutor Peter Swain will be spending Christmas Morning assisting the lawyers of CPS Direct in giving charging advice to police forces across England and Wales.

Mr Swain said: “Between 9am and 2pm on Christmas day this year CPS Direct will have 41 lawyers on call. They will be working from home in shifts, and based on our experience of previous years we will be dealing with between 150 and 200 telephone requests from the police for advice in that period.

“CPS lawyers will also be available in the evenings and throughout the holiday period to ensure prompt guidance is provided to the police.

“Sadly, experience also tells us that many of the cases that we handle will be instances of domestic violence. CPS prosecutors will be working with police officers to try to ensure the safety of victims who will be particularly vulnerable at this time of year.”

CPS Direct provides out of hours charging advice to all police forces across England and Wales, currently operating 5pm to 9am, Monday to Friday and 24 hours a day at weekends and Public Holidays.

Our prosecutors are based throughout England and Wales, and work in shifts from their own homes. CPS Direct has 110 Duty Prosecutors.

In the year 2010- 2011 CPS Direct received 191,392 telephone calls from the police and provided 155,647 charging advices.

Conviction in King’s Cross tube killing

Senthooran Kanagasingham, 35, was today convicted at the Central Criminal Court of the manslaughter of 62-year old Sonia Burgess on the evening of Monday, 25 October 2010. At the time of the incident, the defendant was undergoing gender reassignment, living as a woman and was known as Nina Kanagasingham.

Sarah Counsell, CPS London reviewing lawyer, said:

“This was a tragic and very difficult case and the defendant has a very complicated psychiatric history. The issue for the jury was whether or not it substantially impaired his ability to form a rational judgement and if so whether it provided an explanation for the killing. The jury found that it did.

“People close to her speak of Sonia as a caring and generous person very concerned to help others. She was involved in the work of two churches in central London and was a loving father and a distinguished lawyer. This was a tragic end to a very accomplished life and our thoughts are with her family and friends at this time.”

The court was told that Sonia Burgess who was born David, was a highly distinguished solicitor practising in the field of immigration and human rights law, having been a partner in a successful practice in London. She would identify as gender variant and whilst still known as David professionally, outside of this she lived all other aspects of her life as Sonia, a decision that her family and friends were able to embrace.

Sonia lived with a lodger/family friend at a flat in Shaftesbury Avenue and maintained regular contact with her three children who lived abroad. Sonia came to know the defendant through the transgender community and offered him practical and emotional support. They had been in each other's company in the afternoon before Kanagasingham pushed Sonia in front of a train at King's Cross Underground station during rush hour on October 25.

Kanagasingham was given a life sentence and will serve a minimum of seven years.

Background Information

Sonia Burgess’ family requested that she was referred to as a woman throughout the trial.

For the purposes of this trial, Senthooran wished to be known by his birth name of Sen or Senthooran Kanagasingham, and in his male gender.

Statement following sentencing of Zac Olumegbon killers

Following the sentencing today of five teenagers at the Central Criminal Court for the killing of 15-year-old Zac Olumegbon outside his London school in July 2010, Jenny Hopkins, CPS London Deputy Chief Crown Prosecutor, said:

“This was an appalling and cowardly attack on a young boy outside school. Young people should be in no doubt that even if they do not inflict the fatal wound, they can still be guilty of murder if they participate, for example through encouragement or being part of the chasing pack, and knowing that knives or weapons may be used.

“I hope these convictions today send out a strong message that gang crime will not be tolerated and the Crown Prosecution Service will seek to robustly prosecute those that engage in gang crime. I also hope that these convictions provide some small comfort to Zac’s family at this difficult time.”

Sentences: Ricardo Giddings, Kyle Kinghorn, Helder Demorais, and Jamal Moore, were all given life sentences for murder with minimum terms of: Giddings – 18 years, Kinghorn and Demorais – 16 years, and Moore – 14 years.
Shaquile Haughton was sentenced to eight years for manslaughter, with the term extended to 12 years for the wounding with intent of another boy.

CPS decision on John Terry case

Alison Saunders, Chief Crown Prosecutor for London said:

“I have today advised the Metropolitan Police Service that John Terry should be prosecuted for a racially aggravated public order offence following comments allegedly made during a Premier League football match between Queen’s Park Rangers and Chelsea on 23 October 2011.

“The decision was taken in accordance with the Code for Crown Prosecutors and after careful consideration of all the evidence, I am satisfied there is sufficient evidence for a realistic prospect of conviction and it is in the public interest to prosecute this case.

“Mr Terry will appear before West London Magistrates’ Court on 1 February 2012.

“He is now summonsed with a criminal offence and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice his trial.”

BACKGROUND INFORMATION

The details of the charge are:

On 23rd October 2011 at Loftus Road Stadium, London W12 you used threatening, abusive or insulting words or behaviour, or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress which was racially aggravated in accordance with section 28 of the Crime and Disorder Act 1998. Contrary to section 31 (1) (c) of the Crime and Disorder Act 1998

Businessman Ian Workman found guilty of ex-wife's murder

Deputy Chief Crown Prosecutor Ian Rushton said:

“Ian Workman killed his ex-wife out of pure greed and anger because of the financial proceedings in their divorce. This was a complex and difficult investigation and prosecution, but by working with the police to meticulously piece together the evidence we were able to demonstrate to the jury Ian Workman’s controlling nature, his motive for killing her and his violent state of mind on that day. His defence, that the fatal stabbing was self inflicted by Susan Workman during a struggle after she attacked him, was an outright lie, which the jury by their guilty verdict today have rejected.

“I am pleased that justice has been done in this case. Ian Workman today begins a life sentence for a terrible murder that not only robbed Susan Workman of her life but has completely devastated her family and friends. I hope this outcome will help them in the process of coming to terms with their loss.”

Huddersfield man guilty of ex-fiancee's attempted murder

At Leeds Crown Court today Marcin Kasprazak has been found guilty of the attempted murder of Michelina Lewandowska. Patryk Borys was acquitted of attempted murder. Kasprazak pleaded guilty to possession of a prohibited weapon and kidnap immediately before the trial started. Borys pleaded guilty to kidnap at an earlier hearing.

Jonathan Sharp, Principal Crown Advocate for Crown Prosecution Service Yorkshire and Humberside said:

“This was a heartless and calculated crime from which Michelina was extremely lucky to escape with her life.

“No-one involved in this prosecution could fail to have been impressed by Michelina’s bravery and determination, and we would like to take this opportunity to pay public tribute to the immense courage she has shown.

“Not only has Michelina survived her unimaginable ordeal, but she has also been determined throughout to see justice done. We were able to put special arrangements in place so that Michelina was able to give her evidence while screened from the defendants, and had the assistance of an interpreter. It is in no small part due to her commitment to this prosecution, including her willingness to give evidence at some length in this trial, that we have been able to bring this case to a successful conclusion.

“The defendant has now been found guilty of attempted murder; both have pleaded guilty to kidnap, and Marcin Kasprazak has also pleaded guilty to possession of a prohibited weapon. We hope that this is some small comfort to Michelina, and that she may now be able to begin rebuilding her life.”

Background

On 28 May 2010, Michelina’s ex-partner Marcin Kasprazak electrocuted her twice with a stun gun, then, with the assistance of his friend Patryk Borys, bound and gagged her and placed her in a cardboard box which he secured with parcel tape. That evening they drove her to a secluded wooded area on the outskirts of Huddersfield, West Yorkshire, and buried her alive in a shallow grave, covering the box with earth and leaves. Placing a 40 kg log on top, he left her to die. She managed to struggle free and despite being extremely disorientated, flagged down a passing motorist who took her to his home and alerted the police.

CPS celebrates December's 'Successes of the Month'

The CPS is celebrating the outstanding work of teams and individuals up and down the country by publishing their stories on the CPS website.

In our 'Successes of the Month', we congratulate those colleagues who have gone beyond the call of duty or who have made a real contribution to their communities by working hard to see justice done.

This month CPS North West created an educational DVD for children aged 11-16 on disability hate crime, CPS London went the extra mile to secure conviction in an historic indecent assault case, and CPS West Midlands secured justice for a victim with severe dyslexia.

Family convicted of VAT fraud and money laundering

Following a report in today's Daily Mail on a family run VAT fraud and money laundering case - R v Isaac and others - here is the full statement from the CPS.

Andrew Biker, Senior Prosecution Lawyer in the Crown Prosecution Service’s Central Fraud Group, said:

“This trial demonstrates that tax fraud and money laundering are serious criminal offences which can and will be prosecuted to the full extent of the law. 16 separate counts of tax fraud and money laundering were pursued against Isaac William, his wife and their four daughters in March 2010. Isaac William pleaded guilty in May 2011. His wife, Venus, and three daughters were found guilty by a jury on 13 October 2011 while Flavia Srimurugadas was acquitted. We will now pursue a confiscation order to reimburse the honest and hardworking members of the public who are the ultimate victims of this crime.

“For over a decade, Isaac William defrauded the public purse with the knowledge and assistance of his wife and family. Between 1998 and 2008, William declared sales of £1,015,999 to the Inland Revenue. Actual sales were shown to total £6,251,368.43, a discrepancy which was plainly deliberate and dishonest.

“The proceeds of this sustained dishonesty were laundered through a series of bank accounts both here and abroad. Not only did he exploit the public purse, he also exploited his employees, many of whom were illegal foreign nationals. He failed to pay them the national minimum wage and provided cramped accommodation in caravans and huts, where some slept on the floor.

“The Crown’s case was that Isaac Williams deliberately used a significant number of employees who he knew, by virtue of their illegal status and employment, would remain tight lipped about their earnings, allowing him to maximise the profits of his dishonesty."

Diary - week of 19 December

Tuesday 20 December

• Hearing at Southwark Crown Court of Kwaku Adoboli who is charged with fraud and false accounting.

• Hearing at Southwark Crown Court of Leanne Bakkar who is charged with supplying drugs and misconduct in public office.

Friday 23 December

• Hearing at Southwark Crown Court of Tony Discipline who is charged with unlawful wounding, inflicting grievous bodily harm and common assault.

CPS confirms further evidence received in case of John Terry

Following reports in the media today, the Crown Prosecution Service can confirm that we have received further evidence in relation to the allegations made against John Terry. It is entirely normal for the CPS to request and receive further evidence from investigators during the time a file is under review. Further evidence in this case was received by CPS on 13 December 2011. As with all cases under consideration by the CPS, it would be inappropriate to comment on the nature of evidence being considered. We are unable to give an indication of a when a decision will be announced but we will do so as soon as possible.

Ahmed Faraz sentenced to three years for distributing publications designed to encourage terrorism

Ahmed Faraz was sentenced today to three years’ imprisonment at Kingston Crown Court for intentionally distributing publications in order to encourage terrorism, and the possession of material likely to be of use to terrorists.

CPS prosecutor Mark Topping said:

“The charges relate to Ahmed Faraz's activities at the Maktabah bookshop in Birmingham which produced and distributed books, DVDs, and other material designed to encourage terrorist acts. The publications contain highly selective sections of Islamist writing together with material praising Osama Bin Laden and al-Qaeda.

“Owning the books themselves is not a crime, but selling them with a view to encouraging acts of terrorism is. This case is not about banning books. The issue is whether criminal offences are being encouraged.

“It is significant that many of those convicted of the most serious terrorist offences in this country in recent years were in possession of publications produced and distributed by Ahmed Faraz.

“Faraz did not only distribute material. The jury found that he possessed other material, including the al-Qaeda training manual and other electronic documents about IEDs and weapons, which were of a kind likely to be useful to a person committing or preparing an act of terrorism.”

Prolific rare egg thief sentenced today

Matthew Gonshaw of Bow, East London, was convicted today at Thames Magistrates’ Court, London of 10 charges in relation to taking and possessing wild bird eggs and has been sentenced to six months imprisonment.

The 10 charges included taking five golden eagle eggs and 12 avocet eggs from the wild, and possessing eggs from specially-protected species, including: seven golden eagle eggs; eight osprey eggs; 12 avocet eggs; three peregrine eggs; three red kite eggs; and 12 eggs of other specially protected species. The remaining wild birds eggs were all illegally held but were from species, not covered by Schedule 1 of the Wildlife and Countryside Act 1981.

Becky Owen, reviewing lawyer for the Crown Prosecution Service in London, said:

“We have worked closely with the RSPB and the Met Police Wildlife Crime Unit to secure this conviction and our hope is it sends out a strong message about the seriousness of these crimes.

Matthew Gonshaw’s criminal actions caused untold damage to wildlife in the UK.

He has plundered nearly 700 eggs, including some from endangered species such as Golden Eagles and Ospreys.

His criminal actions not only had an impact upon the success of the species but can cost local communities millions of pounds as hundreds of man hours are spent each year trying to prevent people from taking the precious eggs.”

CPS statement on case of Aayan, Hibo and Ambaro Maxamed and Ifran Nur

The Crown Prosecution Service has been asked why four defendants who assaulted a woman in Leicester were not charged with a racially aggravated offence. Here is the statement on the case issued by the CPS:

The CPS reviewed all the evidence in this case, including whether a racially aggravated offence should be brought on the basis that the comment ‘white bitch’ was reported to have been heard during the incident. However, this racist comment could not be attributed to any particular suspect and was not adopted by the group as a whole. There was therefore no realistic prospect of conviction for a racially aggravated offence.