CPS News Brief

Clarification on decision making in Paul Chambers case

The DPP was not the reviewing lawyer in the case of Paul Chambers, but in June he did instruct the team managing it to consider conceding the appeal. This was considered and progressed, however, at a later stage the DPP was advised that, as a matter of law, conceding the appeal would not be possible. This is because it was not possible because the key finding of fact in the case was a finding of the Crown Court, which only the High Court could overturn. The DPP accepted that advice and reluctantly agreed that the appeal had to proceed.

Violence against women and girls - correct figure for offenders

A letter from the Women’s Resource Centre, published in the Guardian this morning, incorrectly said 15,000 offenders are being brought to justice in cases involving violence against women and girls. In fact, 15,000 more offenders are brought to justice in a year than there were four years ago.

In a speech about violence against women and girls on Monday, 23 July 2012, the Director of Public Prosecutions, Keir Starmer QC, announced that in 2011-12 we saw the highest conviction rate for these crimes of 73 per cent. Out of 91,000 cases prosecuted – up from 75,000 in 2007-08 ­– there were 67,000 convictions.

Two PCs to face charge of racially aggravated public order offence

Sue Hemming, head of the division handling special crime, said:

“I have today authorised the IPCC to summons PC David Hair and PC Kevin Hughes of the Metropolitan Police Service with a racially aggravated public order offence in respect of comments made while on duty as police officers.

“PC Hair is summonsed in relation to a comment made about members of the public on 22 February 2012 and PC Hughes is summonsed in relation to a comment made to a colleague on 13 March 2012.

“Both are summonsed for a racially aggravated offence of using abusive or insulting words contrary to section 5 Public Order 1985 and section 31 (c) Crime Disorder 1998. Both men are also summonsed for an alternative charge of using abusive or insulting words contrary to section 5 Public Order 1985.

“This decision is made in accordance with the Code for Crown Prosecutors as I have concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to prosecute this case.

“Both men will appear on 5 September at Westminster Magistrates Court.”

Background Information:

At the relevant time both men were part of the North East Victim Offender Location Time team based in Newham, London

Killing of Anuj Bidve "completely senseless" says Chief Crown Prosecutor

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

“Anuj Bidve’s murder in the early hours of Boxing Day last year was a terrible crime which shocked and appalled us all. It is all the more tragic because it was completely senseless.

 “Anuj had his whole life ahead of him. He was young and bright, a talented student who was enjoying his time at Lancaster University. His parents were understandably very proud of him. They sent him to the UK to continue his studies and fulfil his ambitions but tragically came here themselves to take his body back home. They have been here throughout the trial and today have seen the jury return their verdict that Kiaran Stapleton is guilty of murder.

“Kiaran Stapleton shot Anuj, an innocent and defenceless man, at close range without warning or provocation. Thankfully such crimes of truly random and brutal violence are extremely rare.

“It was a cowardly murder, and his reaction afterwards in trying to cover his tracks, hide from police and evade justice was also cowardly.

“Since the moment that he killed Anuj, and throughout this trial, he has shown no trace of remorse and no concern for the pain his family are going through. Two days after the murder he even went to a tattoo shop and got a teardrop tattoo. It was a sign we say that he was boasting about the murder, that he thought it gave him some sort of notoriety.

“Only when he realised that the evidence against him was overwhelming did he plead guilty to manslaughter, admitting that he pulled the trigger but claiming that at the time of the killing his responsibility for his actions was diminished.

“The prosecution case has always been that Kiaran Stapleton knew exactly what he was doing at the time of the shooting and in the days afterwards. All the evidence supported that, and for that reason we refused to accept his plea to manslaughter and pursued a trial for murder. We have proved our case to the jury, and I am pleased that together the CPS and Greater Manchester Police prosecution team have been able to deliver justice for Anuj’s family today.

“My thoughts and sympathies are very much with them as Kiaran Stapleton faces a life sentence for Anuj’s murder.”

 

 

Queen’s Counsel to face charge over £600,000 VAT fraud

Keri Ashworth-Beaumont, prosecutor for the CPS Central Fraud Division said:

“I have advised HM Revenue and Customs that Rohan Anthony Pershad QC should be prosecuted for a single office of cheating the public revenue.

“The allegation is that between 1 June 1999 and 24 September 2011, Rohan Anthony Pershad did cheat the public revenue of approximately £600,000. The evidence suggests that he charged and received VAT payments on services he provided whilst practising as a barrister but which he knowingly failed to declare or pay to Her Majesty’s Revenue and Customs. This is an offence contrary to common law.

“This decision to prosecute 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.

“He will appear before Highbury Corner Magistrates’ Court on 2 August 2012.

“Rohan Anthony Pershad has now been summonsed on a criminal offence and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial."

Alison Levitt QC's announcement on charges arising from Operation Weeting

Statement from Alison Levitt QC, Principal Legal Advisor to the Director of Public Prosecutions (DPP):

"This statement is made in the interests of transparency and accountability to explain the decisions reached in relation to Operation Weeting.

During June and July 2012, the Crown Prosecution Service received files of evidence from the Metropolitan Police Service, relating to thirteen suspects. This has followed a period of consultation and cooperation between police and prosecutors which has taken place over many months. All the evidence has now carefully been considered.

Applying the two-stage test in the Code for Crown Prosecutors I have concluded that in relation to eight of these thirteen suspects there is sufficient evidence for there to be a realistic prospect of conviction in relation to one or more offences.

I then considered the second stage of the test, applying the DPP’s interim guidelines on assessing the public interest in cases involving the media, and I have concluded that a prosecution is required in the public interest in relation to each of these eight suspects.

The eight who will be charged are: Rebekah Brooks, Andrew Coulson, Stuart Kuttner, Glenn Mulcaire, Greg Miskiw, Ian Edmondson, Neville Thurlbeck and James Weatherup. They will face a total of nineteen charges in all.

The full wording of all the charges will be made available, which will include the names of others whom the prosecution say are victims, but for now I shall summarise them as follows.

All, with the exception of Glenn Mulcaire, will be charged with conspiring to intercept communications without lawful authority, from 3rd October 2000 to 9th August 2006. The communications in question are the voicemail messages of well-known people and / or those associated with them. There is a schedule containing the names of over 600 people whom the prosecution will say are the victims of this offence.

In addition, each will face a number of further charges of conspiracy unlawfully to intercept communications, as follows:

Rebekah Brooks will face two additional charges:

• the first relates to the voicemails of the late Milly Dowler
• the second to the voicemails of Andrew Gilchrist

Andrew Coulson will face four additional charges, relating to the following victims:

• Milly Dowler
• the Rt Hon David Blunkett MP
• the Rt Hon Charles Clarke,
• and Calum Best

Stuart Kuttner will face two additional charges, relating to:

• Milly Dowler and
• the Rt Hon David Blunkett MP

Greg Miskiw will face nine further charges, relating to the following victims or groups of victims:

• Milly Dowler
• Sven-Goran Eriksson
• Abigail Titmuss and
• John Leslie Andrew Gilchrist
• the Rt Hon David Blunkett MP
• Delia Smith
• the Rt Hon Charles Clarke
• Jude Law, Sadie Frost and Sienna Miller, and
• Wayne Rooney

Ian Edmondson will face a further eleven charges, relating to the following victims or groups of victims:

• the Rt Hon David Blunkett MP
• the Rt Hon Charles Clarke
• Jude Law, Sadie Frost and Sienna Miller
• Mark Oaten
• Wayne Rooney
• Calum Best
• the Rt Hon Dame Tessa Jowell MP and David Mills
• the Rt Hon Lord Prescott
• Professor John Tulloch
• Lord Frederick Windsor
• Sir Paul McCartney and Heather Mills

Neville Thurlbeck will face a further seven charges in relation to the following victims or groups of victims:

• Milly Dowler
• Sven-Goran Eriksson
• the Rt Hon David Blunkett MP
• the Rt Hon Charles Clarke
• Angelina Jolie and Brad Pitt
• Mark Oaten
• the Rt Hon Dame Tessa Jowell MP and David Mills

James Weatherup will face a further seven charges in relation to the following victims or groups of victims:

• the Rt Hon David Blunkett MP
• the Rt Hon Charles Clarke
• Jude Law, Sadie Frost and Sienna Miller
• Angelina Jolie and Brad Pitt
• Wayne Rooney
• the Rt Hon Lord Prescott
• Sir Paul McCartney and Heather Mills

For legal reasons Glenn Mulcaire does not face the first of these charges. However, he will face four charges, relating to:

• Milly Dowler
• Andrew Gilchrist
• Delia Smith and
• the Rt Hon Charles Clarke

In relation to three of the remaining suspects, I have concluded that there is insufficient evidence for there to be a realistic prospect of conviction. It follows that no further action will be taken in relation to them. Because others are now about to be charged, it would not be appropriate for me to give reasons for these decisions at this stage.

There are two suspects in relation to whom the police have asked me to defer making a decision whilst further enquiries are made. For this reason I do not intend to give their names or say anything further about them at this stage.

The eleven suspects have this morning been informed of my decision. They are all due to answer their bail at police stations. When they do so, the eight whom I have already named will be charged. Following charge, these individuals will appear before Westminster Magistrates’ Court on a date to be determined.

The police intend to contact all the victims who will then be told that their names appear on the indictment. Once all have been informed the full list of those whom the prosecution says were victims will be made available.

May I remind all concerned that these eight individuals now will be charged with criminal offences and that each has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice that trial. For these reasons it would be inappropriate for me to comment further."

Lion Steel Ltd sentenced in second ever corporate manslaughter conviction

Lion Steel Ltd was today sentenced to a fine of £480,000 for the corporate manslaughter of 45-year-old Steven Berry.

Alison Storey, specialist prosecutor in the special crime division, said on 3 July 2012 when Lion Steel Ltd was convicted:

“Lion Steel Ltd has pleaded guilty at Manchester Crown Square to the corporate manslaughter of Steven Berry at the Hyde site on Johnson Brook Road. This is the second time a company has been charged with, and now convicted for, the new offence of corporate manslaughter.

“Steven Berry fell through a fragile roof panel and tragically died as a result of injuries sustained in the fall on 29 May 2008.

“My thoughts are very much with Steven’s family at this difficult time.”

Michael Ranger sentenced for organising arms deals between North Korea and Azerbaijan

International arms dealer Michael Ranger was today found guilty at Southwark Crown Court of promoting the supply or delivery of hand held surface to air missiles and Beretta pistols to Azebaijan, contrary to arms embargos. He was sentenced to 3.5 years for the missiles and 2.5 years for the handguns, to run concurrently.

Elspeth Pringle, Arms Brokering Lawyer for the CPS Central Fraud Division said:

“Michael Ranger is an established international arms dealer who knew full well that a license for supplying weapons to Azerbaijan would be impossible to obtain. Accordingly, he tried to disguise his illegal dealings with false email accounts and by using a company registered in Hong Kong under the name of his girlfriend.

“Central to the case was whether Ranger intended to evade bans on supplying arms to Azerbaijan. The court heard that in email correspondence with his arms supplier in North Korea, Ranger boasted that he had been a guest of the Azerbaijani government and was driven round in a Lexus limousine whilst on business there to discuss the supply of Man-Portable Infrared Homing Surface to Air Missiles. It also heard how he told the US manufacturers of Berettas pistols that he had secured orders from the Azerbaijani Ministry of Emergency Situations following a meeting with ‘two people directly under the President’ in February 2010. The jury agreed that the evidence clearly demonstrated Ranger’s intention to disregard the embargos and duly delivered a conviction.

“Ranger’s dealings with Azerbaijan were not only illegal, but potentially very dangerous. Arms embargos are in place for a reason and those who seek to ignore them in the hope of lining their own pocket should understand that they are liable to prosecution in the criminal courts.”

Background Information:

There is currently an arms embargo in place prohibiting the export of military goods destined for Azerbaijan. This was put in place in February 1992 at the request of the Organisation for Security and Co-Operation in Europe (OSCE) because of a military conflict in a region known as Nagorno-Karabakh. The prohibitions extend not only to exports from the UK to Azerbaijan but also the trade/movement of by persons operating in the UK or UK citizens from any third country to Azerbaijan. This applies to Mr Ranger as a UK citizen attempting to supply arms to Azerbaijan from both North Korea and the U.S.

Mr Ranger is an established international arms dealer who trades in the UK principally through a limited company, Imperial Defence Services, a legitimate business he has operated for many years. Records show that Ranger had not at any time obtained, or sought to obtain, an authorisation from the Department of Business of Innovation and Skills (BIS) in relation to the agreeing, or promoting, a supply of the weapons to Azerbaijan.

Austin & McLean and Esso to be charged in relation to the death of Juan Antonio Quintanilla Romero

Mr Juan Antonio Quintanilla Romero was working on a fuel tanker which had docked at the Oil Refinery in Fawley, Southampton, when he tragically died on 30 August 2008. A large fuel pipe collapsed on him after the jib from which it was suspended gave way as a connector bolt, which was severely corroded, failed.

Hampshire Police Service and the Health and Safety Executive have investigated the incident, and liaised with the Crown Prosecution Service for advice on whether any criminal charges should be brought against either Esso Petroleum Company Limited (Esso) - who own the Fawley Refinery and the jib that collapsed - or Austin and McLean Limited - who were hired by Esso to undertake maintenance on the jib.

Gaon Hart, Senior Crown Advocate in the Special Crime team at the CPS said:

“I have very carefully considered the evidence and have decided that Austin and McLean Limited should be charged with offences including an offence of gross negligence manslaughter, relating to a gross breach of their duty of care towards Mr Romero.

“I have also decided that Esso should be charged with Health and Safety at Work Act 1974 offences including those under sections 2, 3 and 4 relating to a failure to ensure, so far as is reasonably practicable, the health and safety at work of employees and visitors.

“I have concluded that there is sufficient evidence resulting from the investigation to provide a realistic prospect of conviction and that a prosecution is required in the public interest. Those are the tests set out in the Code for Crown Prosecutors.

“Both companies have now been summonsed on criminal offences. It is very important that nothing is said, or reported, which could prejudice the trial.”

Background information:

• Juan Antonio Quintanilla Romero (born 8/2/1968) was from Honduras.
• Representatives of Esso and Austin and McLean Limited will appear at Southampton Magistrates’ Court on 5 September 2012.

Offences to be charged:

Esso Petroleum Company Limited
• Health and Safety at Work Act 1974 s.2, 3 & 4
• Regulation 9 of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
• Regulation 5 Provision and Use of Work Equipment Regulations 1998 (PUWER 98)

Austin and McLean Limited
• Gross negligence manslaughter against the company (corporate manslaughter under the common law)
• Health and Safety at Work Act 1974 s.2 & 3

Manchester husband and wife convicted of terrorism

Shasta Khan has today been convicted at Manchester Crown Court of two counts of possessing records of information likely to be useful to a person committing or preparing an act of terrorism, and one count of engaging in conduct in preparation for terrorist acts. This follows her husband’s earlier guilty plea to one count of engaging in conduct in preparation for terrorist acts.

Liz Reid, Specialist Prosecutor in the CPS Counter Terrorism Division said:

“Husband and wife Mohammed Sajid Khan and Shasta Khan have been convicted of making preparations to carry out a terrorist attack on British soil.

“The court heard that the most likely target of their intended attack was an area of Prestwich popular with Jewish people and businesses. Between them they acquired what was needed to make explosive devices and carried out a number of reconnaissance trips in the Greater Manchester area. Thankfully, they were both arrested before they could carry out their plans.

“Hiding behind the apparent normality of their daily life, this couple supported an extreme ideology which called for a violent ‘holy war’ against their perceived enemies, which included those of different religions and those who believed in democracy.

“Two individuals with clearly dangerous opinions and intentions now face time in prison where they will no longer be a threat to the British public.”

Background Information:

The court heard that the Khans purchased a number of items needed to make explosives including peroxide, bleach and citric acid. Experiments were carried out with these ingredients in large cooking pots both in the kitchen and the garden shed. The court also heard how Mr Khan brought a machine gun into the house and that the Khans became radicalised by material found online, including videos of beheadings.

On a number of occasions, Mrs Khan drove her husband around Prestwich looking at “Jewish agencies” including a construction company and one Synagogue where they watched people coming in and out. When she first spoke to police, she attempted to distance herself from the plot by claiming that her husband acted alone. During evidence at trial she claimed that there was a history of domestic violence. Following searches of the marital home, she too became a suspect.

Fraudster sentenced over Olympic Games closing ceremony scam

A Northamptonshire man has been sentenced to two years in prison for a scam that led 75 local children to believe they would be dancing at the closing ceremony at the Olympic Games – described by CPS East Midlands Senior Crown Prosecutor Ben Samples as ‘callous and deceitful’.

Stephen Moonesamy pleaded guilty on 28 June to eight charges of fraud for claiming he had been authorised by the London Organising Committee for the Olympic Games (LOCOG) to organise a dance as part of the Games’ closing ceremony. Using forged documents, he set out to deceive three local dance schools into taking part and several local suppliers into providing sponsorship for the fictitious event.

Mr Samples, Senior Crown Prosecutor in the CPS’s office in Northampton said:

“Stephen Moonesamy charged each child for taking part as he built up an elaborate operation, gaining sponsorship from local companies, training the young dancers and securing the equipment needed to put this operation together.

“There was never any suggestion that he was authorised to act on behalf of LOCOG. His project was pure fantasy – based on a lie that grew larger and larger over time, which he added to by his repeated fraudulent actions. However, he does not appear to have made a large personal gain from his web of lies.

“The most significant harm caused by his deceit was the distress caused to the 75 young people who believed they were part of a once in a lifetime opportunity, only to have this dream dashed from them. We can only imagine how they must have felt when they discovered the truth.

 “We may never understand why Stephen Moonesamy decided to embark on this fraudulent project, or why he chose to deceive so many young people with his callous and deceitful lies.”

 

John Terry acquitted

Alison Saunders, Chief Crown Prosecutor for London, said:

“The very serious allegation at the heart of this case was one of racial abuse. It was our view that this was not “banter” on the football pitch and that the allegation should be judged by a court. The Chief Magistrate agreed that Mr Terry had a case to answer, but having heard all of the evidence he acquitted Mr Terry of a racially aggravated offence. That is justice being done and we respect the Chief Magistrate’s decision.”

Hannah Bonser convicted of the murder of Casey Lyanne Kearney

Hannah Bonser has today been found guilty of the murder of 13 year old Casey Lyanne Kearney in Elmfield Park in Doncaster on 14 February 2012.

Richard Hebbert, the CPS lawyer who had conduct of the case, comments on the verdict:

“The manner of Casey’s death in many ways embodies the worst fear of every parent. Having set out to go to the house of a friend early on Valentine’s Day afternoon, circumstances combined cruelly to put her in the wrong place at the wrong time. It was a pointless waste of a promising young life.

“The prosecution case showed from the outset that Hannah Bonser killed Casey and this was accepted by the defence. The issue at trial was how responsible she was for what she did. The opinion of a psychiatric expert instructed by the prosecution to assess Hannah Bonser’s mental state was that whilst she was suffering from a personality disorder she was able to understand the nature of her conduct, form a rational judgement and exercise self-control and on that basis she would be guilty of murder. The prosecution has been conducted on that basis and today the jury agreed with us.

“This has been a tragic case for all who have been touched by it, but, of course none more than Casey’s parents, who, I hope, feel at least that justice has now been done for their daughter.”

DPP introduces new guidance on rape charges linked to murder

The Director of Public Prosecutions, Keir Starmer QC, explained why the CPS has introduced new guidance on rape charges linked to murder in an opinion piece in the Times this morning (paywall).

"Jane Clough, a young mother and nurse, showed tremendous courage when she reported to police that she had been repeatedly raped by her former partner, Jonathan Vass. Before the case came to trial, Vass killed her. To this day he has never been tried for rape.

"When prosecutors decide whether to prosecute, they must consider not only if there is a realistic prospect of conviction but also if it is in the public interest. In the past one factor against prosecution has been if the likely sentence for an offence would not lengthen the overall jail term imposed for other crimes for which the accused is being tried. In Jane’s case, Vass pleaded guilty to murder so the rape charges were left to lie on the file, which is neither an acquittal nor a conviction.

"Jane’s parents felt that this was wrong. She had wanted Vass tried for rape and her murder effectively denied her justice. I met Mr and Mrs Clough and other parents in a similar position. Their argument was powerful: that overall sentence is not the only factor and, in many cases, the public interest will be served by bringing rape charges even when there is a murder conviction.

"So I decided to look again at this issue and, following consultation, I am today publishing revised guidance. In cases where an offence as serious as rape is alleged in the context of a subsequent murder, the Crown Prosecution Service should persist with the rape charges save in exceptional circumstances, even if no extra penalty can realistically be imposed.

"Although the CPS does not act on behalf of victims or their families, it is vital that we acknowledge how important it is that families feel that justice has been done. In this new guidance I have made it clear that prosecutors must consult families whenever a plea or conviction for murder is entered and explain to them the implications of not proceeding with other charges. That does not mean that the CPS will always persist with charges, but leaving charges to lie on the file will now be the exception, not the rule.

"The CPS has worked hard in recent years to improve how we prosecute rape, and we now challenge the myths and stereotypes that rape victims can attract, both in our decision-making and in court. These guidelines add to that important work.

"None of this, of course, can address the terrible loss suffered by Jane’s parents and others in a similar situation. But the delivery of justice does play a part in reconciling such tragic losses. Victims and their families should not have only a “walk on” part in our criminal justice system. They should be treated as real participants with real interests that deserve to be protected."

You can read more about the new guidance in our News Centre.

Libor scandal and criminal investigation

There have been reports in the media that criminal charges should be brought against Barclays bank and individual bankers and calling for the Crown Prosecution Service to investigate and/or prosecute. The CPS is not an investigative authority and it is the Financial Services Authority which has been working with the Serious Fraud Office (SFO) during its investigation. The SFO conducts its own prosecutions and has confirmed it is considering whether it is appropriate and possible to bring criminal charges. You can see the SFO statement here: SFO statement