CPS News Brief

CPS supports Mumsnet rape awareness campaign

Alison Saunders, Chief Crown Prosecutor for CPS London, said:

“I welcome this campaign by Mumsnet highlighting the extent of rape and sexual assault and the obstacles that society puts in front of those who report them. Rape and sexual assault are dreadful crimes and ones that are often difficult for someone to report because of fear, shame and embarrassment.

"As the Mumsnet survey shows, victims can also be reticent to come forward for fear of being demonised in court and even in the media.

"I support the message of the “We Believe You” campaign, its aim to raise awareness of the extent of these crimes, and to challenge preconceptions.

“As a society we need to be aware of the myths and stereotypes that members of the public who become jury members may hold and which have the potential to influence court outcomes and ultimately lives.

"We need to challenge these myths and stereotypes which prejudge victims and add to their ordeal; the campaign by Mumsnet is a very important step in doing this.

“We have done a lot of work in CPS London with our prosecutors to dispel these stereotypes internally and our performance in prosecuting these cases is improving. More than 200 CPS London lawyers are designated as rape specialists.

"The criteria for becoming a rape specialist are rigorously applied and prosecutors receive specific training. This means that the prosecutor's decision is based on an objective assessment of the evidence, ignoring stereotypical assumptions about the victim's behaviour.

“I am determined to ensure that victims are confident in coming forward and reporting these crimes and I believe the MumsNet campaign will help us to achieve this.”

Read more about the Mumsnet campaign here

Windsor Castle: charge for trespassing on a designated site

Zoe Martin, specialist lawyer from the Crown Prosecution Service, said:

“I have today authorised the police to charge Robert Pennefather with an offence of trespassing on a designated site after he was found within the grounds of Windsor Castle in the early hours of 6 November 2011.

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

“The defendant has been bailed to appear at Westminster Magistrates Court on Friday 23 March”

Notes: The Attorney General’s Office consented to the charge as is required for this offence. The Queen was not in residence at the time. Trespass to a designated site is an offence under s.128 Serious Organised Crime and Police Act 2005

158,000 smuggled fake trainers: CPS statement on fraud sentencing

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

“Smuggling and selling counterfeit goods is a serious criminal offence which in this case took advantage of people’s desires to be seen wearing the very latest statement in fashion footwear. This was also an offence that showed utter disregard for the damaging effects of organised crime on victims both in the UK and in China.

“Today’s sentences follow the successful prosecution of those responsible for smuggling a staggering 158,000 pairs of fake Nike trainers. This is one of the largest imports of counterfeit Nike trainers ever seized by the British authorities, amounting to a loss to the Trademark Holder in the region of £4 million.

“Zoheir Habet, Mourad Abad, Elies Dehini and Sid Dehimi, part of an international web of career smugglers, were convicted of money laundering and conspiracy to breach the Tradesmark Act. Working with a China based criminal organisation, these four men smuggled a stock with a street level value of £1.1 million.

“Between October and December 2009, three containers entered the UK shipped from China to Felixstowe. They contained Nike Air Max 90 and other different styles of counterfeit trainers. They were kept at self storage centres in Middlesex before being sold illegally at markets across London, undermining honest and hard working retailers and traders in the capital and farther afield.

“About £450,000 in cash was seized from houses and safety deposit boxes during the arrests that followed. Sid Dehimi alone was found with £35,000 cash hidden under his stairs.

“The prosecution for Operation Blackout saw lawyers from the CPS Central Fraud Group working with US and UK undercover officers from City of London Police, which mounted a large scale surveillance operation. This was an international operation with arrests carried out in US and Guam by the American Department of Justice.”

The defendants were sentenced as follows:

• Elies Dehini to 5 years’ imprisonment
• Mourad Abad to 5 years’ imprisonment
• Sid Dehimi to 3.5 years’ imprisonment
• Zoheir Habet will be sentenced on 2 April 2012.

CPS West Midlands wins the ‘DPP’s Challenge’ by raising £15k of the £25k raised by CPS for charity

Keir Starmer QC, the Director of Public Prosecutions, has today congratulated CPS West Midlands for winning his ‘DPP’s Challenge’ to raise money for charity. CPS teams around England and Wales together raised £25,000 for charity in many ways including by running marathons, selling cakes and office ‘dress down’ days.

The DPP set the challenge, which ran from October to December 2011, to mark the 25th anniversary of the CPS. Charities benefitting included Victim Support and Breast Cancer Care. Of the total, CPS West Midlands raised £15,000.

Picture: DPP hands a cheque for £500 – personally donated by himself and the Chief Executive – to representatives from the winning team, to donate to the charities of their choice.

Fisherman Brian Harrison sentenced for murder of Neville Dunn

Cornish fisherman Brian Leslie Harrison was today sentenced at Truro Crown Court to life imprisonment with a minimum tariff of 16 years for the murder of Neville Dunn. From this tariff will be deducted the four years and 67 days that Harrison has spent in custody since his arrest on 1 January 2008.

CPS Crown Advocate, Julian Herbert said:

“This new prosecution would not have been possible before the ‘Year and a Day rule’ was abolished by the Law Reform Act in 1996. This old rule stated that a death was not murder if it occurred more than a year and a day after the act alleged to have caused it.

"The new law permits a further trial so that, if convicted, sentencing can reflect what happened and the part the defendant played.

“We worked closely with Devon and Cornwall Constabulary to bring this case to trial and it is testament to the hard work of the entire prosecution team that the jury delivered a guilty verdict yesterday.

"Today’s sentencing brings to an end a long and tragic case and I hope it brings some comfort to Mr Dunn’s family.”

Still insufficient evidence for CPS to bring charges over death of PC Ian Terry

Following the inquest into the death of Police Constable Ian Terry, the Crown Prosecution Service (CPS) reconsidered whether there was sufficient evidence to bring charges in relation to Mr Terry’s tragic death during a training exercise in June 2008.

Mark Auty, CPS specialist prosecutor, who reviewed the evidence and made the decision, said:

“I have reconsidered all the evidence surrounding Mr Terry’s death – including evidence which arose at the inquest and in further investigations by the Independent Police Complaints Commission (IPCC) and the Health and Safety Executive (HSE). I have concluded in accordance with the Code for Crown Prosecutors that there is still insufficient evidence for the CPS to be able to bring any criminal charges in relation to the death of Mr Terry. The HSE has separately considered whether it is possible for them to bring charges for offences that fall within their remit, however.

“I have considered whether there was sufficient evidence to prosecute police officers who were involved in the planning and conduct of the training exercise with gross negligence manslaughter. This offence requires us to be able to prove that the individual owed a duty of care to the person who died; that he breached this duty; that the breach caused or contributed significantly to the death; and that the breach was grossly negligent. I have concluded, even if it was possible to prove, in accordance with the Code for Crown Prosecutors, that any of the officers did breach their duty of care and that their actions contributed significantly to his death, that there was insufficient evidence for a realistic prospect of proving that they were grossly negligent. The law is clear that serious mistakes and errors of judgement are not, on their own, sufficient to amount to the grave crime of manslaughter.

“I also considered whether there was sufficient evidence to provide a realistic prospect of conviction in relation to the offence of misconduct in public office. A person is guilty of such an offence if he is a public officer acting as such, who wilfully neglects to perform his duty or wilfully misconducts himself to such a degree as to amount to an abuse of the public’s trust in the office holder, without reasonable excuse or justification. I have concluded that in the case of two officers there is insufficient evidence for a realistic prospect of proving that any action or omission by those officers had reached the very high threshold required for this offence. In respect of the remaining officers I have concluded that there was insufficient evidence to prove under the Code for Crown Prosecutors that any neglect or misconduct on their part had been wilful.

“I have also concluded, following advice from leading counsel, that it is not possible to prosecute Greater Manchester Police for corporate manslaughter in this instance because police forces are exempt by law from prosecution over this kind of training exercise.

“This decision was taken after a great deal of consideration and follows consultation with expert counsel and senior colleagues. I understand it is not the decision that Mr Terry’s family would have been hoping for. I have once again extended my sincere sympathies to Mrs Terry for the death of her husband.”

Notes

PC Ian Terry, an officer with the Greater Manchester Police Tactical Firearms Unit, was fatally wounded in the torso whilst acting as a role player during a training session on 9 June 2008. He was 32 years old. The exercise involved the use of round irritant personnel rounds fired from a shotgun with the intention of deflating the tyres of a vehicle carrying Mr Terry.

The CPS decided in 2009 that there was insufficient evidence for a realistic prospect of conviction in relation to Greater Manchester Police or any police officer. An inquest was held between February and March 2010 and the jury recorded a verdict of ‘unlawful killing’. The CPS is required to re-review the evidence to take into consideration any new evidence arising from an inquest when a jury records this verdict.

In October 2010 the CPS concluded that there remained insufficient evidence to prosecute four officers with misconduct in public office but said that we were still considering the position in relation to other officers and the police force. This decision completes that consideration.

Cornish fisherman brought back to court after assault victim dies

CPS South West brought Brian Leslie Harrison back to court to face a charge of murder, four years after he was convicted of grievous bodily harm on a victim who later died. Today he was found guilty by a jury at Truro Crown Court of the murder of Neville Dunn .

CPS Crown Advocate, Julian Herbert said:

“A change in the law, which led to the abolition of what was known as the Year and a Day Rule, allows people to be charged with a different offence for the same attack if the victim later dies as a result of their injuries.

“This was a very unusual case for the CPS and we felt, together with the investigating police officers, that it was right that the enormity of taking a man’s life should be reflected by further proceedings even after Harrison had already been convicted and sentenced for the original assault.

“This was a tragic case and our thoughts are today with Mr Dunn’s family.”

Harrison attacked Mr Dunn on New Year’s Eve 2007, punching and kicking him until he lost consciousness. He stood trial at Truro Crown Court in July 2008, having entered a not guilty plea to the original charge of grievous bodily harm. He was found guilty and handed an indeterminate custodial sentence, to serve a minimum of six years. He was found not guilty of an additional charge of attempted murder.

Mr Dunn suffered serious head injuries during the attack and remained in a coma until his death on 17 October 2009 at Diana Princess of Wales Hospital, Grimsby. In January 2011, the Attorney General gave the CPS consent to bring a charge of murder against Harrison.

BACKGROUND INFORMATION

Section 2(4) of the Law Reform (Year and a Day Rule) Act 1996 requires that before further proceedings (such as a prosecution for murder) may be taken against a person who “has previously been convicted of an offence in circumstances alleged to be connected with the death”, the consent of the Attorney-General must be obtained. The consent the Attorney-General to the bringing of a charge of murder in this case was obtained on 8 January 2011.

The defendant was produced from HMP Dartmoor on 16 March 2011 to Truro Magistrates’ Court where he was charged with murder. He subsequently appeared before Truro Crown Court where he was convicted on 6 March 2012. He is due to be sentenced on 7 March at 10am.

Jairo Bonilla and Evelyn Fallas Rodriguez sentenced: CPS fraud team works with international colleagues to bring them to justice

This was a case that saw Criminal Justice colleagues from around the world working together to bring these fraudsters before the court. CPS lawyers in London worked closely with the US Assistant District Attorney and prosecutors in Spain to authorise the investigation overseas and execute European Arrest Warrants.

Luke Dockwray, CPS Lawyer from the Central Fraud Group said:

“The evidence I reviewed included recordings of the fraudsters bragging about how the scam would net them £250,000 a month once fully up and running. I worked closely with the police during the investigation as events unfolded and ensured all legal requirements were in place - including an urgent overnight Letter of Request to a Spanish judge - to authorise the vital undercover operation in Spain which secured indisputable evidence that Jairo Bonilla and Evelyn Fallas Rodriguez were targeting UK victims with an organised and sophisticated boiler room fraud.

“This case demonstrates the complex and international nature of these scams, as well as our ability to fight fraud across international borders. No fraudster targeting British victims should consider themselves safe from the British justice system.”

Bonilla was sentenced to three years and Fallas Rodriguez was sentenced to two years.

Husband & Wife Sentenced for Fraudulent Work Expenses made at Law Firm

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

“Zakia Sharif not only financially abused her role as the director of administration at the law firm where she worked, but she acquired her post by deception in the first place. Having lied about her qualifications on her CV, Zakia Sharif went on to dishonestly claim in excess of £100,000 from her employers. Some of these expenses claims were used to pay for luxury items including cosmetic treatments, designer stationary, electrical goods and even a memorabilia photograph of Muhammad Ali.

“Sharif also claimed for trips abroad with partner of the firm Graham Simkin. What no one at the firm knew was that in 2007 Sharif married Simkin, and was therefore claiming for what were holidays with her husband. In turn, he obtained more than £100,000 from privately billing clients and claims for hospitality with clients, yet many of those he claimed to have wined and dined he never actually entertained.

“Fraud is always a serious offence. But abusing a position of trust in this way makes it particularly serious.”

Background Information

Please note that no clients of Fulbright & Jarworski LLP lost money or were defrauded. 

Zakia Sharif and Graham Simkin were sentenced to 16 months each at the Old Bailey on 2 March 2012.

Zakia Sharif and Graham Simkin worked for the London office of US law firm Fulbright & Jarworski LLP between 2004 and 2008. On her CV, Sharif claimed to have both an LLB and LLM from King’s College University in London. She was therefore found to have fraudulently claimed more than £200,000 in net salary.

Simkin pleaded guilty to three counts of false accounting and one count of fraud by abuse of position on 9 January 2012.

Sharif pleaded guilty to one count of obtaining a pecuniary advantage by deception, three counts of false accounting and one count of fraud by false representation on 11 January 2012.

CPS statement on men convicted of prison mutiny following Ford Prison riot

CPS South East senior lawyer Simon Ringrose said:

“This was a serious and prolonged incident of disorder. The inmates involved caused substantial damage to prison property and it was pure good fortune that no one was seriously hurt. The local community and the wider public were naturally concerned by the sight of prison buildings on fire and inmates effectively taking control of the prison. Prison staff were intimidated and threatened as were those inmates who did not take part, some of whom were trying to put the fires out. A number of witnesses gave evidence describing the fear and distress of being present during this incident

“Sussex police conducted a thorough investigation and gathered a substantial amount of evidence which had to be reviewed. This included eye witness accounts from a number of inmates and prison staff. As a result of this a number of suspects were identified by description and identification procedures and were subsequently charged with involvement in the disturbance.

“This case could not have been prosecuted without the support and evidence from witnesses who were inmates at the time. The fact that these men were prepared to give evidence demonstrates the seriousness of this incident and I would like to recognize their courage in coming forward. The prosecution team also received the total support of HM Prison Service in putting this case together and this assistance was crucial in ensuring that all relevant evidence was gathered and presented to the court.

“People can be reassured that incidents of this kind are viewed with the utmost seriousness and where there is sufficient evidence the public interest will almost inevitably require a prosecution.”

More information can be found here.

Public Disorder Robbery: John Kafunda and Reece Donovan convicted

CPS London’s Head of Complex Casework Jenny Hopkins said:

“The image of Reece Donovan rifling through the contents of this vulnerable young man’s bag was one of the most shocking images from the public disorder in the summer of 2011. Before this, John Kafunda approached Asyraf Rossli and lifted him up to his feet. He gave every impression of simply helping Mr Rossli, having realised that he was injured. If his initial impulse was to help, it was quickly superseded by a decision to steal from the helpless and injured victim.

“These were cowardly actions by two individuals who took advantage of a young man already dazed from a previous assault (for which another man was convicted in February), which left him with his jaw broken in two places. This verdict means justice has been served and the Crown Prosecution Service, working closely with the police, will continue to robustly prosecute those involved in the disorder last year.”

Statement on conviction of Eric Bikubi and Magalie Bamu

Head of Complex Casework Unit at CPS London, Jenny Hopkins said:

“Throughout this case the Crown Prosecution Service has maintained that the evidence be viewed in its entirety. Eric Bikubi knew what he was doing. His actions were nothing short of torture and he inflicted on the victims violence on an unimaginable scale. His plea of diminished responsibility was unacceptable in view of the facts and the jury have agreed.

“It has also been proven that his accomplice, Magalie Bamu, acted of her own accord. At no time did she try to stop what was happening. She willingly subjected her 15 year old brother to extreme violence. The prosecution alleged she held the same long standing belief in witchcraft as her partner.

“I would like to thank the other victims of this horrific crime for their help in bringing a successful conclusion to this case and I hope that the conviction secured today can provide some comfort to Kristy’s parents and his siblings at this very difficult time.”