CPS News Brief

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.”