CPS News Brief

Woman charged after fatal Prestatyn fire

A 42-year-old woman has been charged following a house fire in Prestatyn that resulted in four fatalities.

Karen Dixon, District Crown Prosecutor for the Crown Prosecution Service in Wales, said:

"The Crown Prosecution Service has been working with North Wales Police as their investigation into the circumstances surrounding this tragic fire has developed.

"Our role at this stage is to review the evidence gathered so far by North Wales Police and issue advice in respect of criminal charges. I can confirm that, having carried out a detailed evidential review, our conclusion is that there is sufficient evidence to charge Melanie Jane Smith with four counts of murder, one count of arson with intent to endanger life and one count of threats to cause criminal damage. We have also concluded that it is in the public interest to charge the defendant with these offences.

"North Wales Police have now charged the defendant and she will appear before Prestatyn Magistrates’ Court tomorrow morning (Tuesday 30 October).

"With criminal proceedings now underway, I would like to stress the importance of maintaining both the integrity of the ongoing police investigation and the defendant’s right to a fair trial. I would therefore ask that nothing is placed in the public domain that may undermine the criminal justice process."

Former Met police specialist detective sentenced to 16 months imprisonment for misconduct over rape & sexual offences investigations

Ryan Coleman-Farrow was today jailed for 16 months after pleading guilty to 13 counts of misconduct in public office at Southwark Crown Court last month.

Rosemary Fernandes, Crown Advocate for special crime at CPS said:

“Over a period of nearly three years, Coleman-Farrow failed to interview alleged victims and suspects, failed to secure forensic analysis, failed to secure CCTV evidence and ultimately failed in his duty to investigate serious allegations of rape and sexual assault.

“He also fabricated CPS decisions on such allegations – which were never in fact referred to the CPS. Victims of crime should have confidence that their allegations will be properly considered by the police and, where appropriate, that the evidence will be reviewed by the CPS for potential prosecution. Coleman-Farrow stood in the way of justice being done.”

Man charged with endangering railway users

The Crown Prosecution Service in the East of England has advised British Transport Police to charge Mark Bradshaw with endangering railway passengers and attempted theft of electrical cable from the overhead line, following an incident in Benfleet, Essex, in which a man tragically died.

Grace Ononiwu, Chief Crown Prosecutor for East of England CPS said:

“Mark Bradshaw was arrested on suspicion of metal theft on 27 June 2012. It appears another man had been killed while allegedly attempting to steal the overhead cable with Bradshaw.

"After considering all the evidence, we have advised that Bradshaw should be charged with endangering railway passengers, or any other persons who might use or be on that track for any reason, by an unlawful act.

"The details of the charge are that on or about 27 June 2012, at Benfleet in Essex, by assisting another in the commission of an unlawful act, namely the cutting of an overhead electrical cable, caused to be endangered the safety of any person conveyed on, in, or upon a railway, namely the London to Shoeburyness line.

"This charge reflects the danger caused not only to passengers travelling on the railway but to Bradshaw and his alleged accomplice. We also advised that Bradshaw be charged with attempting to steal electrical cable belonging to Network Rail, on the same date. Given the serious nature of the alleged offences, we believe it is in the public interest that this case should be prosecuted."

Bradshaw, 43, of Canvey, Essex, has been bailed to appear at Southend Magistrates’ Court on 12 November.

Winterbourne View abusers sentenced

11 people have been sentenced for ill-treating patients at the Winterbourne View care home near Bristol. Ann Reddrop, Head of the CPS South West Complex Casework Unit, said:

“Every member of society has the right to live free from intimidation and fear, but the offending that took place at Winterbourne View undermined that right in an appalling and systematically brutal way. People who should have been able to trust their carers had that trust cruelly and repeatedly abused.

“The CPS treated these offences as disability hate crimes, crimes based on ignorance, prejudice and hate, and we brought this aggravating factor to the attention of the court. The CPS works closely with the police and other agencies to tackle hate crimes and will always prosecute where there is sufficient evidence and it is in the public interest to do so.

“Today’s sentences send a clear message to those who believe there will be no consequences for their abuse of disabled people.”

Sentences

Wayne Stuart Rogers was given an immediate custodial sentence totalling 2 years, less time already spent in custody, for nine counts of Hospital/care home staff ill treating patient

Alison Dove was given an immediate custodial sentence totalling 20 months, less time already spent in custody, for seven counts of Hospital/care home staff ill treating patient

Graham Doyle was given an immediate custodial sentence totalling 20 months for seven counts of Hospital/care home staff ill treating patient

Holly Laura Draper was given an immediate custodial sentence totalling 12 months for two counts of Hospital/care home staff ill treating patient

Sookalingum Appoo was given an immediate custodial sentence totalling 6 months for three counts of Hospital/care home staff neglecting patient

Kelvin Fore was given an immediate custodial sentence totalling 6 months for two counts of Hospital/care home staff neglecting patient

Michael Onyema Ezenagu was sentenced to a total of six months imprisonment, suspended for 2 years, plus 200 hours of unpaid work, for two counts of Hospital/care home staff ill treating a patient

Jason Gardiner was sentenced to a total of four months imprisonment, suspended for 2 years, plus 200 hours of unpaid work, for two counts of Hospital/care home staff ill treating patient

Daniel Brake was sentenced to a total of four months imprisonment, suspended for 2 years, plus 200 hours of unpaid work, for two counts of Hospital/care home staff ill treating patient

Neil Ferguson was sentenced to a total of six months imprisonment, suspended for 2 years, plus 200 hours of unpaid work, for one count of Hospital/care home staff ill treating patient

Charlotte Justine Cotterell was sentenced to a total of four months imprisonment, suspended for 2 years, plus 150 hours of unpaid work, for one count of Hospital/care home staff ill treating a patient

Note: This post was amended on 8 November 2012 to remove a reference to the basis of the defendants' sentences, which is a matter for the court.

CPS Statement on Jimmy Savile

Keir Starmer QC, Director of Public Prosecutions, said:

“The evidence submitted by Surrey Police in 2009 was considered by the CPS reviewing lawyer, who also held a face to face meeting with the investigating officers. Having considered the evidence the reviewing lawyer concluded that, in view of the fact that none of the victims were prepared to support any police action, there was insufficient evidence to provide a realistic prospect of conviction in respect of these matters.

“In light of the numerous allegations made about Jimmy Savile recently, last week I asked the Chief Crown Prosecutor for the South East, Roger Coe-Salazar, to read and consider the files in relation to the four incidents referred to us. He has done so and he has assured me that the decisions taken at the time were the right decisions based on the information and evidence then available. Whilst it is sometimes possible to prosecute cases where the victim does not support a prosecution, there are obvious problems in proceeding with a case where the victim does not support a police investigation, where there is no forensic evidence and only very limited, or even in some instances no, witness evidence, particularly in relation to allegations which date back a number of years.

“Out of an abundance of caution I have asked for the papers in the four cases to be provided to my Principal Legal Advisor, Alison Levitt QC, forthwith so that she can consider the decisions made and advise me accordingly.

“This is not a straightforward issue but I have said to the Attorney General that I would like to discuss with him whether the CPS should adopt a policy of referring cases to other relevant agencies, such as social services, where an allegation is made but cannot be proceeded with for evidential reasons.”

CPS decision in relation to Jimmy Savile in 2009

The CPS confirmed in December 2011 that we concluded in 2009 that it was not possible to prosecute Jimmy Savile in relation to a file received from Surrey Police as there was insufficient evidence for a realistic prospect of conviction. The CPS cannot bring a prosecution unless this test is satisfied - see cps.gov.uk/code. This remains the case, but we are now able to provide more information, as below.

A CPS spokesperson said:

“A file was submitted by Surrey Police to the Crown Prosecution Service in 2009 after a complaint was made by a woman who said she had witnessed an indecent assault by Jimmy Savile in the 1970s. Police conducted further enquiries and as a result the file which was submitted to the CPS also referenced three further potential offences involving Jimmy Savile.

“The original allegation was that Savile had indecently assaulted a girl under 16 at Duncroft children’s home in the late 1970s. The three further potential offences were an alleged indecent assault on a girl under 16 at Stoke Mandeville hospital in or around 1973; an alleged incitement of a girl under 16 to engage in a sexual act at Duncroft children’s home in the late 1970s; and an alleged indecent assault on an adult in Sussex in 1970.

“However, the evidence showed that none of the alleged victims would support a prosecution. In these circumstances the CPS concluded that it was not possible to bring a prosecution in this matter.

“Prosecutors have to satisfy themselves that there is sufficient evidence for a realistic prospect of conviction in order to be able to take a case to court and it was concluded that no further action could be taken in this case.”

Clive Sharpe charged with the murder of Catherine Gowing

Karen Dixon, District Crown Prosecutor for CPS Wales, said:

"The Crown Prosecution Service has been in close contact with North Wales Police as their investigation into Catherine Gowing’s disappearance has developed.

"We can now confirm that, having carefully carried out a detailed review of the evidence gathered so far by North Wales Police, we have concluded that there is sufficient evidence to charge Clive Sharpe with the murder of Catherine Gowing and that it is in the public interest to do so.

"Accordingly, we have authorised North Wales Police to charge the defendant and he will appear before Mold Magistrates’ Court tomorrow morning.

"This is an extremely serious criminal charge and the police investigation continues. It is therefore vital that nothing is published that may hamper either the ongoing police enquiries or the defendant's right to a fair trial."

CPS invites sport bodies to roundtables on social media cases

The CPS has extended its series of roundtables on prosecuting cases involving social media to include one in November with representatives invited from the FA, the England and Wales Cricket Board, the British Olympic Association and the Rugby Football Union.

Last month the Director of Public Prosecutions announced his intention to host the roundtables ahead of drafting new guidelines on the prosecution of cases involving social media.

Invites have been sent to the sport bodies following round tables held so far with academics, media lawyers, stakeholders, police and regulators and journalists and bloggers.

Keir Starmer QC, the Director of Public Prosecutions, said:

“It has not gone unnoticed that the use of social media among those involved in and following sport is becoming more and more prevalent and a number of recent high-profile criminal cases have involved sports personalities.

“It is important that our draft guidelines on prosecuting cases involving social media are as fully informed as possible, which is why I have decided to hold a sixth meeting with sports organisations to seek their views on the issue.

“One of the points already discussed during the meetings held so far has been that of racism on social media. We know that a number of sports associations undertake significant work to tackle racism within their respective sports and I look forward to listening to the expertise of those invited on this and the other points for discussion.”

For more information about the roundtables, see DPP’s statement on Tom Daley case and social media prosecutions and the points for discussion on social media roundtables.

Decision on file of evidence arising from Operation Elveden

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

“The CPS received a file of evidence from the Independent Police Complaints Commission in May 2012, and we have since been liaising with them regarding further lines of enquiry. That process has now been concluded.

“The allegation in this case related to a meeting that took place between a senior MPS officer and a journalist in 2006, during which information was imparted to the journalist about the MPS investigation into phone hacking. We were asked to consider whether the provision of that information, in the particular circumstances of this case, amounted to an offence of misconduct in public office.

“The purpose of the meeting was to gauge the willingness of the journalist, as a potential victim of crime, to provide a witness statement to support the ongoing prosecution. The evidence showed that the meeting had been convened in accordance with the MPS’ victim strategy for this investigation. The evidence also showed that the nature of the matters subsequently discussed at the meeting was not such as to amount to wilful misconduct or neglect on the part of the officer, and the conduct was therefore not such as to amount to an abuse of the public’s trust.

“There was no evidence to suggest that the officer had behaved corruptly or dishonestly.

“Accordingly, having reviewed the evidence carefully in accordance with the Code for Crown Prosecutors, we have reached the conclusion that there is insufficient evidence to provide a realistic prospect of conviction in this case.

“Given that there is insufficient evidence to prosecute the officer, the question of whether or not it would be in the public interest does not fall for consideration.”

Woman jailed for £1.9 million fraudulent escort service adverts

Claire Miller was today sentenced to three years and nine months imprisonment at Liverpool Crown Court for using the internet and newspapers to advertise fraudulent services for recruitment, escorts and chaperones. Miller pleaded guilty on 2 October 2012 to running these fraudulent adverts between 2007 and 2012.

Andrew West, Crown Advocate for the CPS Central Fraud Division, said:

“Claire Miller amassed nearly £1.9 million from fraudulent companies such as ‘Ford Escort Services.’

“Miller’s tactics were wily as she knew that those applying for jobs as escorts and chaperones were less likely to make a complaint to the police when the £250 administration fee they paid vanished into thin air.

“Miller used money she fraudulently amassed to fund a lavish lifestyle, regularly travelling between the UK, Spain and Gibraltar. She purchased designer jewellery and was the owner of a Mercedes Benz M Class. When police searched her property they found 33 pairs of designer shoes, most still in the wrappers, and 11 designer handbags.

“This case shows that before handing over money, people need to know exactly what they’re paying for and how they are protected.”

Background: To date 40 victims have been identified. But the court was told that given the amount of money taken from each person, and the total amount gained in the fraud, it was estimated that Claire Miller has defrauded over 7,000 people in a five year period.

Decision of Director of Public Prosecutions in response to the Hillsborough report

Director of Public Prosecutions, Keir Starmer QC, has said:

“Having read and considered the report published by the Hillsborough Independent Panel on 12 September 2012 and liaised with the Home Office and Independent Police Complaints Commission, I have concluded that the Crown Prosecution Service should consider all the material now available in relation to the tragic events on 15 April 1989, including the material made available by the Independent Panel. The purpose of this exercise is to identify what the focus of any further criminal investigation should be in order for the CPS to determine whether there is now sufficient evidence to charge any individual or corporate body with any criminal offence. All potential offences that may have been committed and all potential defendants will be considered.

“In carrying out this exercise, the CPS will work closely with the Independent Police Complaints Commission.

“Through the Right Reverend James Jones, the Bishop of Liverpool, I have today communicated my decision to the bereaved families and their representatives and indicated that, in conjunction the IPCC, the CPS intends to keep them fully informed of developments and to take such views as they express into account.”

 

New charges over naming of rape victim brings total to nine

Five more people have been charged after allegedly posting messages on Twitter or Facebook identifying the victim in the rape case which led to the conviction of footballer Chedwyn (Ched) Evans. The number of defendants charged in relation to the matter now stands at nine.

Jim Brisbane, Chief Crown Prosecutor for CPS Cymru-Wales, said:

“Further evidential reviews have led us to conclude that there is sufficient evidence to charge a further five people with the offence of publishing a matter likely to lead members of the public to identify the complainant in a rape case, contrary to the Sexual Offences (Amendment) Act, 1992. As with the previous charges in this matter, the Attorney General has granted consent to these prosecutions.

“The five now charged are Shaun Littler, 22, from Sheffield, Hollie Price, 25, from Prestatyn, Gemma Thomas, 18, from Rhyl, Paul Devine, 26, from Sheffield and Daniel Cardwell, 25, from Sheffield.

“All five have been charged by North Wales Police and bailed to appear before Prestatyn Magistrates’ Court on the 5th November.

“Reviews in respect of further suspects under investigation by North Wales Police are continuing.”

Background

Details of the Sexual Offences (Amendment) Act, 1992 can be found at: http://www.legislation.gov.uk/ukpga/1992/34/contents

Two charged over rape victim naming

Two people have been charged with offences relating to messages posted online that identified the victim in the rape case which led to the conviction of footballer Chedwyn (Ched) Evans.

Jim Brisbane, Chief Crown Prosecutor for the Crown Prosecution Service Cymru-Wales, said:

“The Crown Prosecution Service has been working alongside North Wales Police as they have investigated a number of alleged offences committed online in the aftermath of the Ched Evans rape trial earlier this year.

“We have completed reviews in relation to a number of the suspects under investigation. We concluded that there is sufficient evidence to charge Dominic Green, 23, from Rhyl and Alexandra Hewitt, 24, from Broughton, with the offence of publishing a matter likely to lead members of the public to identify the complainant in a rape case, contrary to the Sexual Offences (Amendment) Act, 1992.

“In order to prosecute this offence we require the consent of the Attorney General. We have liaised with the Attorney General’s Office and sent a submission to the Attorney General who granted consent to the prosecution.

“Both have been charged by North Wales Police and bailed to appear before Prestatyn Magistrates’ Court on the 5th November.

“One further suspect has been issued with a final warning by North Wales Police.

“Evidence relating to a number of other suspects has been presented to us as part of this investigation and our evidential reviews are continuing.”

Background

Details of the Sexual Offences (Amendment) Act, 1992 can be found at: http://www.legislation.gov.uk/ukpga/1992/34/contents

Two more charged over naming of rape victim

Two more people have been charged for allegedly posting Twitter messages identifying the victim in the rape case which led to the conviction of footballer Chedwyn (Ched) Evans. The number of defendants charged in relation to the matter now stands at four.

Jim Brisbane, Chief Crown Prosecutor for the Crown Prosecution Service Cymru-Wales, said:

“We have now concluded that there is sufficient evidence to charge Benjamin Davies, 27, from Rhyl and Michael Ashton, 21, from Llanddulas, with the offence of publishing a matter likely to lead members of the public to identify the complainant in a rape case, contrary to the Sexual Offences (Amendment) Act, 1992. The Attorney General has granted consent to these prosecutions.

“Both men have been charged by North Wales Police and bailed to appear before Prestatyn Magistrates’ Court on the 5th November.

“We are continuing to complete our evidential reviews in respect of a number of people under investigation by North Wales Police.”

Background

Details of the Sexual Offences (Amendment) Act, 1992 can be found at: http://www.legislation.gov.uk/ukpga/1992/34/contents

CPS Wales authorises charging of Mark Bridger

Statement from Iwan Jenkins, District Crown Prosecutor, Crown Prosecution Service Cymru-Wales:

“The Crown Prosecution Service has been in close contact with Dyfed Powys Police as their extensive investigation into April’s disappearance has developed. In particular, we have been offering advice and guidance to the police since the suspect Mark Bridger was arrested last Tuesday.

“My role is to examine the evidence that is currently available and advise the police in respect of charges.

“I now have to advise that, having carried out a detailed review of the evidence gathered so far by Dyfed Powys Police, my conclusion is that there is sufficient evidence to charge Mark Bridger with the murder of April Jones, and that it is in the public interest to do so.

“I have also concluded that there is sufficient evidence and that it is in the public interest to charge the defendant with attempting to pervert the course of justice and child abduction.

“Accordingly, I have authorised Dyfed Powys Police to charge him with these offences and he will appear before Aberystwyth Magistrates’ Court on Monday morning.

“I realise that this is an incredibly difficult time for April’s family, friends and the community. My thoughts are with them – and indeed with all those affected by this week’s events.

“The huge public and media interest in this case is understandable. I would just like to stress that, whilst Mark Bridger stands accused of serious criminal charges, he retains the right to a fair trial. I would therefore ask that nothing is placed in the public domain that may undermine the criminal justice process.”

Details of the charges laid against Mark Bridger are as follows:  

Murder, contrary to common law  

Attempting to pervert the course of justice, contrary to common law  

Child abduction, contrary to Section 2 of the Child Abduction Act, 1984