CPS News Brief

CPS Authorises Fraud Charges for former Employees of the Royal Academy of Music

Andrew Penhale of the CPS Central Fraud Group said:

“We have advised the Metropolitan Police Service that Janet Whitehouse, the former Director of Finance at the Royal Academy of Music (RAM), and Steven Newell, the former Head of Information at the RAM should be prosecuted for fraud offences.

“Janet Whitehouse faces three charges under the Fraud Act 2006, all arising from alleged abuse of her position as Director of Finance for personal financial gain. Between 1 March 2007 and 24 March 2011 she is alleged to have defrauded the RAM of sums in excess of £200,000.

“Steven Newell also faces three charges under the Fraud Act 2006. Two counts concern allegations that he provided two false documents in order to obtain his position at the RAM. A third count concerns payment of fraudulent invoices together valued at £437,408.11. The allegations date between 1 October 2008 and 31 August 2010.

“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 2 May 2012 in separate hearings.

“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 on Charges

One count against Whitehouse, contrary to section 1 (2)(a) relates to allegations that she mislead the Trustees of RAM by claiming that three lump sum payments, together totalling £100,000, had been approved by the Chairman. A second count, contrary to section 1 (2)(a) concerns allegations that Whitehouse mislead the Trustees about four invoices received from Whiteley Associates, a company in her name and together valued at £103,950, claiming they were payment for work carried out for RAM and should be paid. A third charge contrary to Section 4 relates to allegations that Whitehouse abused her position by placing a member of her family in RAM accommodation rent-free and without approval.

Two counts against Newell, contrary to section 1 (2)(a), relate to allegations that Newell, between 1 October and 30 November 2008, mislead Trustees of RAM with a University of Liverpool Degree certificate and a reference supplied from Quostar Limited in support of his application for the post of Head of Information that were not genuine. The third count against Newell, also contrary to section 1 (2)(a), concern 44 invoices from NTI systems, an entity created by Newell, together valued at £437,408.11, which were submitted to Trustees of RAM as genuine and payable. This allegation dates between 17 November 2008 and 31 August 2010.

Teenagers sentenced for Stockwell shop shooting

Three teenagers have today (19 April 2012) been sentenced to life imprisonment after being found guilty of the shooting of five year old Thusha Kamaleswaran and 35 year old Roshan Selvakumar.

Nathanial Grant, Kazeem Kolawale and Anthony McCalla were convicted after trial of two counts of causing grievous bodily harm with intent. They were also convicted of one count of attempted murder.

Grant has been told he will serve a minimum term of 17 years, Kolawale and McCalla will serve a minimum term of 14 years.

CPS London Chief Crown Prosecutor Alison Saunders said:

“The actions of these three teenagers showed a complete disregard for the safety of the public. They are dangerous individuals and it is right that they will now serve significant sentences of imprisonment.

“The public reaction to this successful prosecution shows how strong we all stand against gun crime and the devastating effects it can have upon families who live in our communities.

“The Crown Prosecution Service is dedicated to working alongside the Metropolitan Police Service to tackle this problem, bring offenders to justice and make London a safer place.”

Crown Prosecution Service re-opens its Legal Trainee Scheme

The Crown Prosecution Service, the country’s largest law firm, is re-opening its Legal Trainee Scheme, which will see a selection of trainee solicitors and barristers start their careers at the CPS in October 2012.

Keir Starmer QC, Director of Public Prosecution said:

“The Crown Prosecution Service can offer some of the most exciting career opportunities for young lawyers looking for their first role after graduating.

“This scheme will offer trainees an unrivalled chance to undertake challenging, varied and important work, with a view to building a career prosecuting cases for the CPS at the highest levels.

“The scheme will also provide the CPS with access to the talent it needs to ensure the continued high quality of its legal work, and make sure we have the capacity and skills we need for the future.

“We prosecute nearly a million defendants a year and provide charging advice to every police force in England and Wales. Crown Prosecutors play a vital front line role, and in line with the demanding nature of the work they will be doing, the scheme will be recruiting talented individuals from a broad pool of applicants, with the scheme running both internally and externally.”

From 19 April 2012 the CPS will be accepting applications for places on our newly re-opened legal trainee scheme. The scheme will offer 15 graduates who have completed their vocational training the chance to work at the CPS. Once they have qualified they will take up positions as Crown Prosecutors, and will be responsible for reviewing and prosecuting criminal cases, as well as advising the police.

October 2012 will see the graduate trainee scheme opened to candidates who have not yet completed their vocational training. Successful candidates who have yet to take the LPC or the BTPC will also be given financial assistance with funding their vocational training.

More information on the scheme is available on on the careers section of our website.

Receipt of files of evidence from "phone hacking" police investigations

The CPS can confirm receipt of the following:

• One file for charging advice relating to one journalist and one police officer with relation to alleged offences of misconduct in public office and the Data Protection Act.
• One file for charging advice relating to one journalist and six other members of the public with relation to alleged offences of perverting the course of justice.
• One file for charging advice relating to one journalist with relation to alleged offences of witness intimidation and harassment.
• One file for charging advice relating to one journalist with relation to alleged offences under RIPA.

We are not prepared to discuss the identities of those involved or the alleged offences in any greater detail at this stage as a number of related investigations are ongoing.

We are unable to give any timescale for charging decisions, except to say that these cases are being considered very carefully and thoroughly, and the decisions will be made as soon as is practicable.

Former Nigerian governor, James Ibori, sentenced to 13 years - comment from head of CPS fraud group

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

“James Ibori, the former Governor of Delta State in Nigeria, has today been sentenced at Southwark Crown Court to 13 years' of imprisonment after seven years of determined work by a specialist team from the Crown Prosecution Service Central Fraud Group and investigators, which has brought him and several of his corrupt associates to justice.

“Very significant co-operation was secured from many countries worldwide to enable us to bring this prosecution: In 2011 CPS lawyers secured the extradition of James Ibori in one of the first ever extraditions from the UAE under a new Treaty. We issued over seventy Letters of Request to other countries to help us unravel the complex and sophisticated network of nominee companies and foreign bank accounts that Ibori used to cover up his ownership of the stolen money; The case we assembled was on a large scale and in several prosecutions, involving 151 folders or over 60,000 pages of evidence which have been served over the last two years. The Specialist Fraud Prosecutor dedicated to this case has described it as by far the most complex he has dealt with in 35 years of service.

“During his two terms as Governor of Delta State, James Ibori deliberately and systematically defrauded the people whose interests he had been elected to represent. The sums involved in the offences to which Ibori has pleaded guilty amount to approximately £50 million, acquired at the expense of the some of the poorest people in the world.

“Combined sentences of 43 years imprisonment have now been imposed on Ibori and those convicted for assisting him, including his sister, his mistress, his wife, his lawyer and others.

“But the work of the CPS continues. The next step will be to enable the courts to make a confiscation order in respect of Ibori’s illegal profits.

“Ibori enjoyed a lavish lifestyle, including several substantial properties, a Bombardier Challenger Jet aeroplane costing $20 million he was in the process of buying and several vehicles including a Jaguar, a Mercedes Maybach and a Bentley, all funded from the proceeds of his crimes against the people of Nigeria. These are just a number of assets that will be considered as part of confiscation proceedings.

“Three million pounds has already been clawed back from his co-defendants and work continues to realise assets to pay towards the confiscation orders imposed on them.”

 Sue Patten speaking outside Southwark Crown Court today.

MPS officer to be prosecuted for alleged racist incident

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

“In January this year the Crown Prosecution Service took the decision not to charge PC MacFarlane in relation to an alleged racist incident involving a male in August 2011. In March, the complainant’s lawyers challenged that decision, and in accordance with standard CPS practice, Grace Ononiwu, Deputy Chief Crown Prosecutor for CPS London, directed that the case be reviewed by a more senior lawyer who was not previously involved. That review is now complete and the conclusion, based on all the evidence now available, is that there is sufficient evidence for a realistic prospect of conviction to charge PC MacFarlane with a racially aggravated public order offence contrary to section 4a of the Public Order Act 1986 and section 31 of the Crime and Disorder Act 1998.

“When a review shows a previous decision not to prosecute is wrong, it is open to the CPS to rectify that error by bringing new proceedings. As Chief Crown Prosecutor for London, I have taken the decision in this case that, as well as there being sufficient evidence for a realistic prospect of conviction, and a prosecution being in the public interest, a prosecution is necessary in order to maintain confidence in the criminal justice system. That is the test I must apply under the Code for Crown Prosecutors when reinstituting a prosecution.

“Accordingly I have advised the Independent Police Complaints Commission to charge PC MacFarlane.

“It is regrettable that the original decision was wrong, but I hope the action taken and my decision today demonstrates the willingness of the CPS to review its decisions independently and swiftly and to take appropriate action where necessary.

“We have also considered whether an additional charge of assault should be brought in relation to an allegation of “strangulation” recorded by the complainant. However, having now had opportunity to consider all available evidence including the statements of others in the van alongside the recording, the lawyer reviewing the case concluded that the inconsistencies in the various accounts of what happened were such that no additional charge could properly be added. The inconsistencies included a dispute over the identity of the officer who took hold of the complainant; the complainant said that this was one officer but all other witnesses dispute this. There is also inconsistency over why the officer, who does accept that he took hold of the complainant did so; he and other witnesses say it was in response to the complainant’s apparent aggression and in self defence. I agree with the conclusion that in the circumstances there is insufficient evidence to meet the Code test for bringing charges.

“All parties have now been informed. Can I please remind all concerned that PC MacFarlane is charged with a criminal offence and has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice his trial.

“Another allegation of abuse by a police officer against a youth at Forest Gate Police Station remains under consideration, as announced earlier this month.”

CPS decides no further action following death of Professor

Baljit Ubhey OBE, Chief Crown Prosecutor for Thames and Chiltern Crown Prosecution Service (CPS) said:

"Following enquiries by Thames Valley Police I have concluded in accordance with the Code for Crown Prosecutors that there is insufficient evidence to put before a court.

“Professor Steven Rawlings died at the Oxfordshire home of a friend on Wednesday, 11 January 2012. A post mortem examination was conducted, but was inconclusive and further tests were required.

“Devinderjit Sivia was arrested, interviewed and bailed pending further enquiries.

“I received a file from Thames Valley Police, have considered all the evidence, and have decided that Devinderjit Sivia will not face any charges in relation to the death of Steven Rawlings.

“I extend my sincere sympathies to Mrs Rawlings for the death of her husband.

“An inquest will take place in due course.”