CPS News Brief

Role of CPS in relation to criminal records

A report in the Metro on the Criminal Justice Joint Inspection report on rape said that rape prosecutions are being hindered because police and prosecutors are failing to check the criminal records of foreign nationals. The CPS is a prosecuting authority and is not responsible for checking the criminal records of individuals nor does it maintain the criminal records of individuals. The Metro also said the report was by the police inspectorate and Crown Prosecution Service. The report was a joint one by HM Inspectorate of Constabulary and HM CPS Inspectorate, which is an independent organisation to the CPS.

DPP responds to Criminal Justice Joint Inspection on rape

The Director of Public Prosecutions, Keir Starmer QC said:

“I am pleased the report recognises the progress made by the CPS in dealing with rape cases. In particular, the inspectors say there was good analysis of rape cases by the CPS and that most of the rape charging decisions reviewed were well considered and very detailed.

“The report highlights that early contact in these cases between police and prosecutor has clear benefits: it helps in building strong cases and tackling legal issues to ensure the smooth running of a prosecution. This is something that we have taken on board from previous reports and implemented. We will continue to build on this so that effective prosecutions go ahead.

“The report makes two recommendations in relation to the CPS. The first relates to finding a more efficient way of identifying material that could be used for bad character or hearsay applications, an outcome the CPS would welcome and one we will explore with the police. The second, on protocols to improve the sharing of information held by third parties, is an action on which the CPS is already working.

“This report makes clear that we cannot be complacent; that while we have become more observant to the needs of victims there is still room for improvement in building strong cases against perpetrators. I am determined we will do this.”

CPS Diary 27 February to 5 March

The jury expected to return with a verdict in the trial of rioters from Ford Prison in Sussex.

Verdict also expected in trial of Eric Bakubi and Magalie Bamu at the Old Bailey for the murder of a teenage boy.

Friday 2 March

Chris Huhne and Vicky Pryce in their first Crown Court appearance on charges of perverting the course of justice.

Husband and wife Richard Graham Simkin and Zakia Sharif are due to be sentenced at Southwark Crown Court for fraudulently claiming expenses from an international law firm where they worked.

Monday 6 March

Eight defendants go on trial at Southwark Crown Court charged with defrauding the Olympic Development Authority.

Statement on James Ibori

Sue Patten, Head of the CPS Central Fraud Group said:

“James Ibori has today, on the first day of his trial after his extradition from Dubai, and after some seven years of investigation and prosecution of himself and a number of his associates, pleaded guilty to ten charges of conspiracy to defraud and money laundering. In pleading guilty, Ibori has admitted that he defrauded the Nigerian states of Delta and Akwa Ibom during his time as Governor of Delta state and laundered the proceeds. This is a significant prosecution of very serious charges for which Ibori will be sentenced in due course.”

Ibori was charged with and pleaded guilty to the following:

• Seven counts of money laundering
• One count of obtaining a property transfer by deception
• One count of conspiracy to defraud
• One count of conspiracy to make false instruments

CPS statement following sentencing of two men who hid cocaine in bags of tropical fish

Senior lawyer in the CPS Organised Crime Division, Jacqueline Finn, said:

“This case demonstrates the extraordinary and innovative lengths that drug dealers will go to so they can ply their evil trade.

Olaf Urlik and Norbert Jarzabek thought that by having diluted cocaine hidden in bags of fish they would escape detection and net huge profits but they did not realise their plot had been uncovered.

The joint investigation by SOCA, UKBA and Nottinghamshire Police provided the Crown Prosecution Service with detailed evidence against the two men.

We worked closely with agencies to build a strong case and when confronted with the evidence against them, Urlik and Jarzabek both pleaded guilty.”

For more on this story see the Serious Organised Crime Agency website here

CPS decides no further action in 'Red Issue' fanzine matter

Nazir Afzal, Chief Crown Prosecutor, CPS North West Area said:

“I have decided that no further action will be taken in relation to allegations surrounding the publication and distribution of the ‘Red Issue’ fanzine at Old Trafford football ground on 11 February 2012.

“During the investigation into the matter by Greater Manchester Police, the issue of potential incitement to racial hatred was raised. As result I consulted the CPS’s Special Crime and Counter Terrorism Division, who are responsible for advising on suspected cases of incitement.

"Following this consultation I have received advice from a senior lawyer in that Division that although the fanzine distributed may have been offensive to some people, there was insufficient evidence to prove that the content was intended to stir up racial hatred, or that it was or likely to do so. I have therefore concluded there is insufficient evidence to provide a realistic prospect of conviction for incitement to racial hatred against any person.

“It is not a crime to possess material that is threatening, abusive or insulting, or hold views which others may find unpleasant and obnoxious. It is a crime to distribute this sort of material to the public, if it is intended to stir up racial hatred, or in circumstances where it is likely to have that effect.

“In the file sent to us by the police we were also asked to give advice in relation to slogans on t-shirts seized at Old Trafford on the same day. I have decided also that no further action should be taken in relation to that material.”

CPS fraud team: Stephen Methuen charged for fraud & embezzlement of over £500k while charity treasurer

Lisa Rose, Specialist Prosecutor for the CPS Central Fraud Group said:

“I have today authorised West Midlands police to charge Stephen Methuen for false accounting and cheating the public revenue following alleged fraud involving more than £500,000 whilst treasurer at two Christian charities. This follows a joint HMRC and police investigation.

“Stephen Methuen is charged with six counts of false accounting allegedly committed in order to disguise the embezzlement of more than £400,000 over a period of six years between 2003 and 2009, whilst Treasurer to the Amblecote Christian Centre in Stourbridge. He is further charged with five offences of cheating the revenue by submitting over-inflated gift aid repayment claims on behalf of the charity which he allegedly went on to embezzle.

“I have also authorised charge of a further six counts of false accounting committed over a period of six years between 2003 and 2009 whilst Stephen Methuen was the treasurer of the Christian International Relief Mission. These charges relate to the alleged embezzlement of £117,957.16.

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

“Stephen Methuen will appear before Dudley Magistrates’ Court on 2 March 2012.

“He is now charged with criminal offences and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial."

CPS authorises charge in murder of Betty Yates and Revd. John Suddards

The Crown Prosecution Service has today authorised Avon and Somerset and West Mercia police to charge Stephen John Farrow, 47, with the murders of Betty Yates, 77, and Reverend John Suddards, 59.

Both Mrs Yates and Revd. Suddards were found stabbed to death in their homes, Mrs Yates on 4 January and Rev. Suddards on 14 February 2012.

CPS Senior District Crown Prosecutor Siân Sullivan said:

“Having reviewed this case in line with the Code for Crown Prosecutors, I have today decided that there is sufficient evidence to charge Stephen Farrow with the murders of Betty Yates and John Suddards. I have also authorised a charge of burglary at a separate address in Thornbury.

“I would like to remind all concerned that Stephen Farrow now stands charged with criminal offences and has the right to a fair trial. It is very important that nothing is said, or reported, which could prejudice a trial.”

Officers would like to thank members of the public for all their support on this investigation to date.

Detective Chief Inspector Simon Crisp from Avon and Somerset Constabulary’s Major Crime Investigation Team said:

“Once again it has been the contribution of a member of the public that has made the difference - my thanks go to that person for their courage in providing us with that vital information.”

Detective Chief Inspector Neil Jamieson of West Mercia Police said:

"I would also like to express my gratitude to those members of the public who have helped us and responded to our appeals and I would also still encourage people to come forward and talk to us if they have information which could assist our inquiry.

"We still have a strong police presence in Bewdley and hope this will help reassure people that the area, and indeed the whole of the West Mercia, remains a very safe place in which to live, work and visit."

Stephen Farrow will appear at North Avon Magistrates’ Court on 23 February 2012.

CPS statement on Carl Whant conviction: "Important to mark death of unborn child with separate charge"

David Wooler, Crown Advocate for the Crown Prosecution Service in Wales, said:

“When we reviewed the initial evidence against Carl Whant gathered by Heddlu Gwent Police back in February last year, the truly horrific nature of the crimes committed was all too apparent.

“At that stage it was clearly appropriate to authorise a murder charge in relation to Nikitta Grender’s death. However, the offence of murder cannot be committed against unborn children and we felt it was extremely important that Kelsey-May’s death was marked by a separate charge in its own right.

“Carl Whant was therefore also charged with the offence of child destruction, under the Infant Life Preservation Act 1929. This piece of legislation – thankfully very rarely used – can help protect the rights of an unborn child that is capable of being born alive. Kelsey-May undoubtedly fit that description.

"This is an offence which prohibits wilful acts causing the death of any child capable of being born alive - and given the advanced stage of Nikitta Grender's pregnancy, Kelsey-May certainly fit that description.

"Child destruction is, thankfully, a very rarely used charge; we are not aware of another case like this one in Wales. When the legislation was originally drafted in the 1920s, it was intended to be used to curb the activities of back-street abortionists. But in a more modern setting, it can be applied to cases where an offender deliberately takes the life of an unborn child through a violent or aggressive act.

"As the police inquiry continued over the weeks and months following the original incident, more evidence became available to us, ultimately leading to the addition of rape and arson charges against Carl Whant.

“I think many of us involved in highly emotive cases such as this one experience a strange mixture of emotions at its conclusion. Whilst we may feel that a conviction provides vindication for the immense amount of hard work that goes into a major criminal investigation and prosecution, we are acutely aware that today’s verdict does not bring back Nikitta or Kelsey-May.

“Equally, whilst we may move on to our next case, the family and friends of the victims are left to grieve their loss for many years to come. All we can do is hope that today’s conviction at least allows them to take one small step forward in rebuilding their lives.

“A large number of people have supported this trial as witnesses and we would like to thank each and every one of them for their strength and resilience.”

Chewing gum theft is "big business" in South West says CPS lawyer

The CPS has successfully prosecuted two Rumanian men in connection with the theft of hundreds of pounds worth of chewing gum from a supermarket in Taunton. Both men received sentences of imprisonment, although the two cases are unconnected.

CPS prosecutor Dean Lampard said:

“The theft of large quantities of chewing gum is becoming big business. Although these two unconnected cases are thought to be the first in the Taunton area, the police have told us this specific crime has become a major problem up and down the M5 corridor as well as other parts of the country. It is believed there is a ready market for this stolen chewing gum.”

Ciprian Petw had already been charged with stealing more than £550 worth of chewing gum in Norfolk and was out on bail when he was found at ASDA on 16 February 2012 with a large foil lined bag. He was arrested, appeared at Taunton Magistrates’ court on 20 February 2012 and was found guilty of going equipped for theft. Petw received a 24 week custodial sentence for the Taunton and Norfolk offences.

The court heard how since December 2011 he had shoplifted in Manchester, Elgin and Suffolk as well as Norfolk. Mr Lampard told the court the defendant had travelled down that day from London with the intention of committing offences in Taunton.

In passing sentence, District Judge Parsons stated that Petw had made enough money from his offending to pay for a trip home to Rumania for Christmas, but that within six days of returning to the UK he was offending again. The judge stated that Petw’s offending was organised and professional and that as such it demanded a custodial sentence.

Fane Raducanu, also from Rumania, pleaded guilty to the theft of £472 worth of goods from ASDA on 18 February 2012 including chewing gum to the value of £430. Mr Lampard told the court that whilst Raducanu had no previous convictions, this offence had all the hallmarks of being professional and organised. Today, District Judge Parsons imposed a six week custodial sentence.

Mr Lampard said:

“The Crown Prosecution Service will prosecute these offenders with the full force of the law and the sentences passed today reflect how seriously this type of professional shoplifting will be dealt with by the courts.”

CPS Diary – 20 February to 27 February

Thursday 23 February

• Plea and case management hearing at the Old Bailey for Andrew Charles Roland Hill, a Barrister charged with VAT fraud.

Monday 27 February

• Trial begins at Liverpool Crown Court of defendants charged with stealing metal from a railway.

• Trial at Hove Crown Court of defendants charged over the Ford prison riots. The trial is due to conclude this week. 

Man charged with manslaughter over death of Nellie Geraghty

The Crown Prosecution Service has today authorised Greater Manchester Police to charge a man in connection with the death of Nellie Geraghty in Oldham.

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

“I have today authorised Greater Manchester Police to charge Mark Royle with robbery and with the manslaughter of Nellie Geraghty.

“Mrs Geraghty, who was 79 years old, was found unconscious with head injuries on 24 November 2011 in an alleyway in Shaw, Oldham. She had been robbed and was clutching the broken handle of her handbag which had contained her husband’s ashes. She sadly died later in hospital.

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

CPS celebrates February'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, a CPS London prosecutor received an award at the House of Commons for his work in partnership with charity The Trust Women’s Project on diverting women working as prostitutes away from the criminal justice system to prevent reoffending; an advocate from CPS West Midlands was praised by a judge as 'a credit to the legal profession' for his fairness in assisting a defendant representing himself at an appeal against a driving disqualification; a policy advisor at CPS HQ is recognised for his behind the scenes work on the new Advocacy Panel scheme and a manager at CPS Yorkshire and Humberside has gone the extra mile with her contribution to moving the criminal justice system into the digital age.

Facebook hacker committed serious offence

Alison Saunders, Chief Crown Prosecutor for CPS London said:

“Glenn Steven Mangham has pleaded guilty to two computer misuse offences, one of them the most serious offence under the Computer Misuse Act which carries a maximum penalty of 10 years. This was the most extensive and flagrant incidence of social media hacking to be brought before British courts. Fortunately, this did not involve any personal user data being compromised.

"We worked closely with the Met’s Police Central e-Crime Unit, the FBI and the US Department of Justice to prepare a strong and compelling prosecution case and faced with that case, Mangham has admitted responsibility for his acts. He claimed his intention was to improve security but the method he decided to use to achieve this was actually illegal.”

Cricketer Mervyn Westfield sentenced

Sue Patten, Head of the CPS Central Fraud Group said:

“It is not only the major international stars who will face prosecution if they accept bribes, but also those who play in the domestic leagues as well.

“Devoted sports fans who pay hard-earned money to watch competitive matches have a right to expect players to do their honest best for the team, whether those games take place in the biggest world class arenas, or at their local ground.

“Mervyn Westfield was charged in November 2010 with accepting or obtaining corrupt payments contrary to Section 1(1) of the Prevention of Corruption Act 1906.

“He was found to have received a payment of £6,000 for agreeing to deliberately concede runs when bowling for his county in an Essex vs Durham NatWest Pro 40 limited overs match in September 2009.

“Westfield originally pleaded not guilty and elected trial by jury. However, on 12 January 2012 he pleaded guilty to a charge of accepting or obtaining corrupt payments and was today sentenced to four months in prison. The CPS was also granted a confiscation order for £6,000.

“We would like to thank Essex Police for their thorough investigation of this matter and for their cooperation in preparing this case for trial.”