CPS News Brief

CPS statement on 30 March Guardian story entitled: "Police face racism scandal after black man records abuse"

Grace Ononiwu, Deputy Chief Crown Prosecutor for CPS London, said:

“Lawyers for the complainant have written to the CPS and asked us to review our decision. I have considered the matter personally and directed that all of the evidence should be reconsidered and a fresh decision taken by a senior lawyer with no previous involvement in this matter. That process will be completed as soon as possible, and is the procedure we often adopt when pre-action protocol judicial review proceedings are initiated.”

CPS celebrates March'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 London has secured the first ever ASBO for a wildlife offence, CPS Wessex convicted a man in a case with traces of ‘The Usual Suspects’ about it, and the hard work of the Human Resources team at CPS HQ has saved the service £60,000.

Liam Stacey’s conviction for tweet about Fabrice Muamba

There have been some inaccurate reports in a number of places about the offence with which Liam Stacey was charged. He was charged with, and pleaded guilty to, a Racially Aggravated s4A Public order Act 1986, and not inciting racial hatred.

Former Cheale Meats employees to be prosecuted for animal cruelty

Simon Clements, Head of the Welfare, Rural and Health Prosecutions Division at the Crown Prosecution Service said:

“I have advised the Food Standards Agency that Piotr Andrzej Wasiuta and Kelly Smith should be prosecuted for animal cruelty offences following the alleged mistreatment of pigs at Orchard Farm, Little Warley, Brentwood, Essex in March and April of last year.

“Piotr Andrzej Wasiuta faces three charges of causing unnecessary suffering to a pig by applying a lighted cigarette to its snout, contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.

“Kelly Smith faces four charges of causing unnecessary suffering to a pig. Two of the charges relate to failing to ensure that a lame pig was not humanely slaughtered immediately and two of the charges relate to striking a pig with a baton, all contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.

“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.

“Both will appear before Westminster Magistrates’ Court on 18 April 2012.

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

Background:

• This is a summary only offence which carries a maximum sentence of imprisonment for a term not exceeding 6 months, or a fine not exceeding £20,000, or both.
• 29 year old Piotr Andrzej Wasiuta is from the Southend on Sea area
• 40 year old Kelly Smith is from the Benfleet area

David Bryant sentenced to 17 years for historic sexual abductions

Gerry Sydenham, Head of the Crown Court Unit at CPS North East, said:

“While the impact of Bryant’s despicable actions caused untold distress and harm to his young victims, the impact of those crimes went much further.

“Through his actions, Bryant created fear and distrust in an area where, prior to his crimes, parents could feel confident that their children played in safety.

“Despite the damage he caused, Bryant has shown little remorse for his actions. After being presented with overwhelming DNA evidence as early as May last year, Bryant denied his guilt until February of this year. This effectively prolonged the anxiety and suffering for his victims, their families and the wider community.

“I hope that this sentence helps provide some sense of closure for all of those affected by this man’s selfish and deplorable crimes.”

For more information, please see the full press release here.

Former top lawyer convicted for fraudulent travel claims

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

"Christopher Kenneth Grierson has today pleaded guilty to the full extent of his criminality. He has been convicted on all four charges against him covering 57 fraudulent travel claims worth £1.2 million, over just four years.

“In pleading guilty, Mr Grierson has admitted to providing his former employers, Hogen Lovells, with misleading, false and deceptive documents.

“He was charged under the Theft Act last December. Today’s conviction is a clear example of speedy justice in a fraud case in action.

“Today’s message is clear: fraud is always a serious matter. Defrauding your employer or otherwise abusing a position of trust, especially over a long period of time, makes it particularly serious.”

• Grierson will be sentenced on 3 May 2012.
• Grierson was charged with and pleaded guilty to four counts of Furnishing False Information contrary to section 17(1)(b) of the Theft Act 1968.
• He co-operated fully with the police and had resigned and repaid Hogan Lovells all the monies he had dishonestly obtained prior to police involvement.

Statement on Stockwell Shooting

Statement on the case of Nathaniel Grant, Kazeem Kolawole and Anthony McCalla.

CPS London Chief Crown Prosecutor, Alison Saunders said:

“This case is a sad and shocking example of how gun crime can devastate innocent lives. These three men convicted here today showed a complete disregard for public safety firing aimlessly into a shop and seriously wounding two innocent bystanders. In particular they have left a very young girl severely disabled.

“The CCTV footage and phone records from the night in question allowed us to track these three defendants over a significant period of time. We pieced together their movements in order to clearly show the jury that these three men were responsible for this terrible crime.

“We had to show the jury in this case some harrowing footage of the incident and I thank them for their time in coming to today’s verdict.

“Although both victims of this crime will never forget what has happened, I hope that the convictions secured today will provide some comfort to them and their families.”

Antoni Imiela convicted in historic sexual assualt case

Antoni Imiela was today found guilty at the Central Criminal Court of one count of rape, one count of indecent assault and one count of buggery. This relates to an incident in Forest Hill in the early hours of 25 December 1987.

CPS London Special Casework lawyer Andrew Hadik said:

“This was a very serious allegation with strong evidence. It was important that it be put before a jury and that the defendant be held to account for the crimes he had committed.

“Sadly, the victim in this case died some years ago in unrelated circumstances. The absence of a key witness is not an automatic barrier to justice. The Crown Prosecution Service successfully applied to have the victim's original statement read out to ensure that the jury heard her evidence.

“The subsequent death of a victim does not mean defendants can expect to escape prosecution. This case is an important example of how the Crown Prosecution Service will strive to secure justice for victims of crime.

“This attack had a devastating effect upon the victim’s life and sadly justice could not be secured whilst she was alive. However, her family have provided great assistance to this prosecution and I hope that they find some comfort in this conviction.”

Imiela was sentenced to 12 years in total – six years for each of the three counts, with the count of indecent assault to run concurrently.

Mother convicted of perverting the course of justice

A Hounslow mother has today been convicted of perverting the course of justice after being found guilty of destroying her son’s clothing following his identification as a suspect in relation to the death of Richard Bowes.

31 year old Lavinia Desuze was found guilty after a trial which began at Inner London Crown Court on 19 March 2012. Her son, 17 year old Darrell Desuze pleaded guilty last week to the manslaughter of 68 year old Richard Bowes in Ealing during the summer riots in August.

CPS London lawyer Gary Dolby said:

“Although it is a mother’s instinct to protect her child this conviction shows that Lavinia Desuze’s actions were wholly inappropriate and criminal.

“In a bid to try and ensure her son would not be caught for the crimes he had committed Desuze destroyed the recognisable clothing he had been wearing.

“This act could have had a detrimental effect on the case against her son if it had been the primary evidence available.”

Both Lavinia Desuze and Darrell Desuze will be sentenced on Tuesday 17 April at Inner London Crown Court.

On 12 March 2012 Darrell Desuze entered guilty pleas to one count of manslaughter and one count of violent disorder. On 24 November 2011 he entered guilty pleas to four counts of burglary. All relate to events on Monday 8 August 2011.

DPP statement on new CPS Welfare, Rural and Health Prosecutions Division

Speaking about the merger of the Department for Work and Pensions & Department of Health Prosecution Division with the Crown Prosecution Service, Keir Starmer QC, Director of Public Prosecutions, said:

“Today’s merger is good news for the CPS and good news for the public.

“It bolsters our armoury against economic crime. Our triumvirate of highly experienced teams dealing with economic crime – fraud, organised crime and the new division handling benefit fraud – hails a new joined-up approach for the CPS in tackling financial crime for the benefit of tax-payers.

“This type of crime is of real public concern, and I am confident that the newly combined strength of the teams will make the CPS more resilient in bringing to justice increasingly sophisticated and complex crime.”

Notes:
About the division:

The CPS Welfare, Rural and Health Prosecutions Division will start work on 2 April (following the official 1 April transfer) having recently already welcomed colleagues from Defra. The division will also now be responsible for specialist fraud work on behalf of the DWP, the NHS and the Department of Health.

The Welfare, Rural and Health Prosecutions Division sits alongside the other specialised national divisions which are the Central Fraud Group, Special Crime and Counter-Terrorism, and Organised Crime.

The CPS welcomes 125 new staff from DWP, who will be located in offices in Birmingham, Cardiff, Leeds, Liverpool and London.

Simon Clements is the head of the division.

A strengthened CPS:

Joined up prosecutions:

At a time when criminals are increasingly sophisticated, operating across both functional and geographic boundaries, bringing new skills into the CPS will add to our range of different specialisms, helping us to develop joined up prosecutions where a criminal has engaged in various types of offending at the same time. The new division will also be able to draw on the expertise of CPS national network of Areas and regional Complex Casework Units when necessary.

More resources available:

The division will benefit from the ability to call on the full resources of our national organisation. This will allow flexibility so that work from specialist investigators can be dealt with by prosecutors with the necessary specialist skills, wherever they are in the country. This will improve as the CPS moves towards electronic case files which will see us becoming more efficient.

Three plead guilty to armed robbery at florist’s shop

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

“All three defendants have now admitted their involvement in the armed robbery at Cecil Coley’s shop in Old Trafford on the night that Gary Mullings was fatally stabbed. Armed with a gun and an imitation firearm they, and Gary Mullings, forced their way into the shop. They threatened and attacked Mr Coley and a friend who was in the shop with him, injuring both of them and robbing them of cash and valuables. Both men were so scared that they feared for their lives.

“After looking at the evidence I quickly concluded that Cecil Coley should not be prosecuted for the death of Gary Mullings because he was acting in self defence and the three defendants were subsequently charged in connection with the armed robbery. We have since worked with officers from Greater Manchester Police to build a strong prosecution case and they have now admitted their guilt for the terrifying ordeal that the two victims faced that night.

“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. They can also be assured that we will bring to justice intruders who force their way into the property of others.”

The defendants will be sentenced on 14 May at Liverpool Crown Court.

Note to editors:

Nathan Walters, 26 years old, Joseph Mullings 24 years old and Kyle Mullings 19 years old have pleaded guilty to 2 counts of robbery, possessing a firearm whilst committing an offence and possessing an imitation firearm whilst committing an offence. They will be sentenced at Liverpool Crown Court at a later date.

Butcher sentenced for £3.3m VAT fraud

Simon Rowlinson, Specialist Prosecutor for the CPS Central Fraud Group said:

“Gary Turner was today sentenced to 5 years imprisonment for cheating the public revenue of £3.3 million over a 15 year period. But for the CPS it doesn’t end here. We are now determined to go after Turner’s illicit gains and get that money back into the public purse for the benefit of the British public. Court proceedings will continue as we identify the assets bought with criminal money in order to confiscate them including houses, jewellery and other luxury items beyond the means of most working people.”

For more background information click here.

Charging decision - Ian Lowe

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

“I have today advised Greater Manchester Police to charge Ian Lowe, 25, with the murder of Leanne McNuff, 24, at her home in Droylsden, Greater Manchester on 11 March 2012. The decision was taken in accordance with the Code for Crown Prosecutors.

“Ian Lowe will appear at Tameside Magistrates’ Court, Greater Manchester, tomorrow 15 March 2012.”

CPS statement following the sentencing of Christopher Blackburn

Christopher Blackburn was sentenced today at Preston Crown Court, after pleading guilty to preventing the lawful and decent burial of a dead body and for the theft of £1,869 from the Department of Work and Pensions in fraudulently obtained benefit payments.

Following the sentencing Craig Cleminson, Senior Crown Prosecutor from CPS North West Area said:

“For nearly five months Christopher Blackburn told no-one that his father had died and instead of notifying the authorities so that arrangements could be made to give his father a decent burial, he misled family and neighbours into thinking that he was still alive. By doing so he was able to steal over £1,800 worth of benefits by fraudulently collecting his father’s benefit payments on several occasions.

“This was the deliberate and sustained concealment of a death over a long period of time, simply for personal financial gain it would seem. There is no knowing how long Christopher Blackburn would have continued to conceal his father’s death if a neighbour had not raised her concerns with the housing association.

"Even after arrest, when faced with clear evidence, Christopher Blackburn continued to deny in interviews any knowledge of his father’s death before the police discovered the body.

“His actions meant that for several months his father was not afforded the dignity of a proper burial. Through the prosecution we brought and following today’s sentence of three years’ imprisonment, he must now face up to the seriousness of these crimes.”

Assisted suicide and decisions to prosecute

There has been some confusion in media reports about yesterday’s High Court decision on Tony Nicklinson’s judicial review and the issue of the ‘right to die’.

It is not correct to say that the law on assisted suicide was successfully challenged by Debbie Purdy who won protection from prosecution for her husband, should he assist her suicide.

In fact, assisting or encouraging suicide remains a criminal offence for all individuals. The CPS guidelines on prosecution, which were published following the Purdy case, provide a clear framework for prosecutors to decide which cases should proceed to court and which should not.

The guidance does not override the will of Parliament, and neither it nor the ruling in the Purdy case grant anyone immunity from prosecution.

Each allegation is reviewed on its own facts and circumstances. We will prosecute when there is sufficient evidence and it is in the public interest to do so. Whether or not and to what extent someone acted out of compassion is only one of several factors prosecutors must assess and they do so by considering all of the facts of the case following a thorough investigation.