CPS News Brief

Teacher's "discipline" was assault and bullying says North West CPS Chief

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

“Irfan Patel was in a position of trust to the children in his class and his actions went far beyond what was acceptable in disciplining those in his care. His treatment of the children to whom he was supposed to be providing spiritual teaching and guidance amounted to systematic bullying. They were very young boys who should have expected to be safe when they attended classes at the mosque.

“The punishment that Irfan Patel used was not appropriate chastisement, it was assault and bullying and it is a crime. I hope that this case and other convictions of teachers for assaulting pupils in mosques will give young people and their parents the confidence to report this sort of bullying and ill treatment. I hope it will also serve as a reminder to others who are using similar punishments that we will prosecute where the police refer evidence to us of assaults or ill treatment of children, wherever it happens.”

NOTE: Patel was sentenced today at Preston Crown Court to 40 weeks' imprisonment suspended for 18 months, after he earlier pleaded guilty to four charges of child cruelty at a mosque in Blackburn.

Man imprisoned for Bernie Ecclestone blackmail plot

Martin Peckham was today sentenced at Southwark Crown Court to five years’ imprisonment for a blackmail plot involving the family of Bernie Ecclestone.

CPS London Crown Advocate Peter Zinner said:

“Peckham purported to be a mercenary that was aware of a kidnap plot involving a gang of criminals from the Middle East. He contacted the family and told them for £200,000 he would deploy a team of men to effectively take out the kidnap gang.

“Whatever his motivation, this dreamed up plot was simple but menacing enough to wrack up the fear in the Ecclestone household. It elicited an immediate and devastating effect upon the family.

“Although this plot was fairly amateurish and committed it seems by a fantasist, it was executed with persistence and determination and is aggravated by the period of time that family was kept in fear.”

Note: The charge was ‘Blackmail between 20th June and 4th July 2012’.

Two go on trial for defrauding Christian philanthropists following successful extradition

The trial of George Katcharian and Cemal Esmene is opening at Norwich Crown Court. They are accused of defrauding the New Apostolic Church in Germany and Mr Graham Dacre, a Norfolk businessman and philanthropist.

Jane Mitchell, reviewing lawyer for the CPS Central Fraud Division said:

“George Katcharin was arrested in Germany in December 2011 on a European Arrest Warrant. The Crown Prosecution Service successfully sought his extradition so that he could stand trial here on serious allegations of fraud.

“When I considered all the evidence from this case, including much from abroad, under the Code for Crown Prosecutors, I concluded there was a realistic prospect of conviction and that a prosecution was in the public interest.

“Katcharin faces two counts of conspiracy to defraud over proposed investment schemes which the prosecution say mislead and deceived both the New Apostolic Church and Mr Dacre. Cemel Esmene is also accused of defrauding Mr Dacre.

“Both men face further counts for money laundering conspiracies for transferring alleged criminal property to bank accounts in the UK and Lichtenstein.”

The trial is expected to last four weeks.

The defendants are charged as follows:

George Katcharin faces two counts of conspiracy to defraud, contrary to common law:

1. It is alleged that between, 31 March and 31 May 2008 he provided false information concerning a proposed investment scheme that misled and deceived the New Apostolic Church. Cemel Esmene is also charged with the count relating to the New Apostolic Church.

2. It is alleged that between 30 September and 31 December 2007, Katcharin provided false information concerning a proposed investment scheme that misled and deceived Mr Graham Dacre.

Both face counts of conspiracy to launder criminal property contrary to S1 (1) Criminal Law Act 1977:

1. It is alleged that between 31 March and 5 April 2011, they conspired to conceal, disguise or transfer criminal property, namely the funds of the New Apostolic Church, Germany, into a UK bank account.

2. It is alleged that between 30 September 2007 and 5 April 2011, they conspired together to conceal, disguise or transfer criminal property, namely the funds of the Graham Dacre, into a Lichtenstein bank account.

CPS authorises prosecution of Kent police officers for misconduct in public office following death in custody

Mr Colin Holt died from positional asphyxia at his home in Gillingham, Kent, on 30 August 2010, while under police restraint.

The Independent Police Complaints Commission (IPCC) has investigated the incident and has asked the Crown Prosecution Service whether any criminal charges should be brought against the officers from Kent Police responsible for his restraint.

The case was reviewed under the Code for Crown Prosecutors which has two stages: firstly, whether there is sufficient evidence for a realistic prospect of conviction and, secondly, whether a prosecution is required in the public interest.

Rene Barclay, Principal Crown Advocate with the Special Crime team said:

“I have advised the IPCC to obtain summonses for PC Maurice Leigh and PC Neil Bowdery. Both officers will face a single count of misconduct in public office, contrary to the common law.

“It is alleged that on 30 August 2010, whilst acting as a police officer, namely as a police constable, PC Leigh and PC Bowdery misconducted themselves in that, without lawful justification or excuse, they wilfully neglected to take reasonable and proper care of Colin Holt, a person in police detention.

“On the evidence I have reviewed, I am satisfied that there is a realistic prospect of conviction and that the public interest requires a prosecution.

“PC Leigh and PC Bowdery will now be summonsed on a criminal offence and have the right to a fair trial. As proceedings are now active, it is extremely important that nothing should be reported which could prejudice this trial."

Both officers will appear at Medway Magistrates’ Court on 8 October 2012.

Andy and Tracey Ferrie will not face charges over shooting of intruders

A Leicestershire couple involved in the shooting of intruders at their home will not face charges. Judith Walker, Chief Crown Prosecutor for CPS East Midlands said:

“Andy and Tracey Ferrie were released on police bail yesterday (Tuesday 4 September 2012) after being questioned about the shooting in the early hours of Sunday morning at their home near Melton Mowbray.

“Earlier this afternoon, the head of the East Midlands Complex Casework Unit, Lawrence English, visited the scene of the incident to see for himself whether the accounts given by Mr and Mrs Ferrie were consistent with other evidence of what happened.

"Looking at the evidence, it is clear to me that Mr and Mrs Ferrie did what they believed was necessary to protect themselves, and their home, from intruders.

"As Crown Prosecutors we look at all cases on their merit and according to the evidence in the individual case. I am satisfied that this is a case where householders, faced with intruders in frightening circumstances, acted in reasonable self defence.

“The law is clear that anyone who acts in good faith, using reasonable force, doing what they honestly feel is necessary to protect themselves, their families or their property, will not be prosecuted for such action.

“We have therefore advised Leicestershire Police that Mr and Mrs Ferrie should be released from their bail as they will not face any charges over what happened.”

NOTES

We are not able to go into great detail about the circumstances of the incident as there are ongoing cases against two men for burglary, and the police investigation into other suspects is continuing.

Daniel Mansell pleaded guilty at Loughborough Magistrates’ Court on 5 September 2012 to burglary, and has been committed for sentence to Leicester Crown Court on 25 September 2012. He was remanded in custody.

Joshua O’Gorman appeared at Loughborough Magistrates’ Court on 5 September 2012 charged with burglary and has been remanded in custody for committal on 19 October 2012. He has an interim video link hearing on 14 September 2012.