CPS News Brief

Nurse who circumcised baby boy convicted of gross negligence manslaughter

Nurse Grace Adeleye was today convicted of gross negligence manslaughter following the death of Goodluck Caubergs, who at 27 days old bled to death after being circumcised at home.

Jane Wragg, Specialist Prosecutor in the CPS Special Crime Division, said:

“Goodluck Caubergs was a healthy little boy whose tragic death was wholly unnecessary. This case was not about the rights or wrongs of circumcision, but the grossly negligent way in which the procedure was undertaken. Circumcision is a medical procedure which, like any other, carries very real risks to the patient that must be properly managed. This was not done in this case.

“Goodluck died because the standard of care taken by Grace Adeleye in carrying out the circumcision fell far below the standard that should be applied. She also failed to inform his parents of the risks and possible complications, which ultimately led to his tragic death.”

 

Five convicted for forced labour conspiracy

Today, a jury at Bristol Crown Court has returned guilty verdicts for charges of forced labour against five members of the same family.

William Connors, 51, Breda Connors, 48, John Connors, 29 and James Connors, 20, all formerly of Gloucester Road in Staverton and Miles Connors, 24 formerly of Bowling Back Lane in Bradford were all found guilty of conspiring to require other persons to perform forced or compulsory labour.

Ann Reddrop, head of the CPS South West Complex Case Unit said:

"The jury’s verdict concludes a lengthy investigation into the criminal activities of the Connors family and their punitive relationship with those whom they forced to work for them.

"The CPS has worked closely with DCI Selwood and his team at Gloucestershire Constabulary since March 2011 when the police were about to arrest the offenders. "The five members of the Connors family who stood trial were charged with offences involving the serious mistreatment of people who, because of their personal circumstances, had little option but to continue to remain with the offenders.

"The defendants used violence to prevent the victims leaving them or from alerting the authorities to their treatment. They forced them to undertake physically demanding work for long periods. They did not pay them for their work and took advantage of their vulnerable situations.

"There was a very stark contrast in living conditions between offender and victim and the way in which the offenders materially benefited from their criminal activities will be the subject of further applications for confiscation by the Crown under the Proceeds of Crime Act 2003.

"This case illustrates the way the CPS and police work together to secure justice in even the most difficult circumstances."

The charges relate to the period between 5 April 2010 and 23 March 2011, when the Connors exploited a number of victims, many of whom were perceived as vulnerable members of society, forcing them to perform a range of building and manual labour jobs across the country. When paid they received only a pittance and were subject to assaults, theft of benefits, ill-treatment and exploitation. Many of the victims were housed in squalid conditions in caravans at sites including Beggars Roost in Cheltenham.

A year-long investigation, including a five month surveillance operation by Gloucestershire Constabulary, culminated in March 2011 when officers carried out warrants at sites in Gloucestershire, Leicestershire and Derbyshire and 19 people were rescued.

Lead officer for Operation Tundra David Sellwood said:

"This was the first investigation of its kind nationally and we faced unique challenges. The rescued men had been victims of the Connors family for up to 30 years; many were 'institutionalised' and did not recognise themselves as being victims. The family generated significant wealth off the backs of some of the most vulnerable in society and we are delighted that they have finally been held to account."

Four men from East London charged with sexual offences and child exploitation

Kris Venkatasami, Head of the Special Casework Unit and Special Operations Unit at CPS London, said:

“I have authorised the Metropolitan Police to charge Naeem Ahmed, Nabeel Ahmed, Anas Iqbal and Hassan Raza, all from East London, with a range of offences under the Sexual Offences Act 2003 which occurred between January and September 2012.

“Naeem Ahmed has been charged with six counts of rape, one count of controlling a child prostitute, one count of paying for sexual services of a child and one count of causing or inciting child prostitution.

“Nabeel Ahmed has been charged with six counts of rape. Anas Iqbal has been charged with paying for sexual services of a child and Hassan Raza has been charged with sexual assault.

“This decision to prosecute was taken in accordance with the Code for Crown Prosecutors.

“The four defendants will appear before Barkingside Magistrate’s Court on 14 December 2012.

“They now stand charged with criminal offences and have the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial."

Joint CPS/MPS statement on the case of Gary McKinnon

Statement by Keir Starmer QC, Director of Public Prosecutions, and Assistant Commissioner of the Metropolitan Police Service Mark Rowley QPM on the case of Gary McKinnon

Between 1 February 2001 and 19 March 2002, Gary McKinnon allegedly gained unauthorised access to 97 United States (US) Government computers. An investigation was launched in the US and a request for assistance was made to the National Hi-Tech Crime Unit in England and Wales. Following discussions between the US Department of Justice, the police and the Crown Prosecution Service in the autumn of 2002, a decision was taken that the appropriate place for Mr McKinnon to be tried was the United States.

The reasons for that decision were:

1. The harm occurred in the US - the activity was directed against the military infrastructure of the US;
2. An investigation had already been launched in the US;
3. There were a large number of witnesses, most of whom were located in the US;
4. All of the physical evidence (with the exception of Mr McKinnon’s computer) was located in the US;
5. The US prosecutors were able to bring a case that reflected the full extent of Mr McKinnon’s alleged criminality; and
6. The bulk of the unused material was located in the US. Given the nature of the offence, this inevitably included highly sensitive information and the US courts were best placed to deal with any issues arising in relation to this material.

As a result, the US sought Mr McKinnon’s extradition from England and Wales for trial in the US.

The decision that the appropriate place for Mr McKinnon to be tried was the US was affirmed in 2009 and subsequently challenged in the High Court. That challenge failed. As Lord Justice Stanley Burnton said in his judgment: “… [it is] the decision of the DPP, which I consider to be lawful and unchallengeable, not to prosecute him here … the USA is the appropriate forum for his prosecution.”

On 16 October 2012, the Home Secretary decided not to extradite Mr McKinnon to the US on the basis of his health. She also announced that it was now for the DPP to decide whether Mr McKinnon had a case to answer in a UK court. At that stage there was no live criminal investigation in England and Wales, nor had there been for many years.

The DPP and the Assistant Commissioner of the Metropolitan Police therefore agreed to convene a joint police/CPS panel to consider whether a new criminal investigation should be commenced.

None of the reasons for the original decision in 2002 that the appropriate place for Mr McKinnon to be tried was the United States have altered. So far as the evidence is concerned, the position in 2012 is the same as it was in 2002. Most of the witnesses are in the US, as is nearly all the physical evidence and the bulk of the unused material, some of which is sensitive. Accordingly, in November this year, the CPS and the police met senior officials from the US Department of Justice to discuss the possibility of bringing the US witnesses to England and Wales for trial and of transferring all the US material to this jurisdiction to be considered.

The potential difficulties in bringing a case in England and Wales now should not be underestimated, not least the passage of time, the logistics of transferring sensitive evidence prepared for a court in the US to London for trial, the participation of US government witnesses in the trial and the need fully to comply with the duties of disclosure imposed on the CPS. The prospects of a conviction against Mr McKinnon which reflects the full extent of his alleged criminality are not high.

After consulting with the Metropolitan Police Service and the CPS and having carefully considered matters, on 4 December this year, US authorities indicated to us that they would be willing to co-operate with a prosecution in England and Wales if that would serve the interest of justice. However, they do not consider that making all the US witnesses available for trial in London and transferring all of the US material to this jurisdiction would be in the interests of justice given our representations and the reasons for the decision that the US was the appropriate forum as set out above. That is a decision the US authorities are fully entitled to reach and we respect their decision.

Against this background, the joint CPS/police panel recommended to the Assistant Commissioner of the Metropolitan Police that he should not commence a new criminal investigation into Mr McKinnon. The Assistant Commissioner of the Metropolitan Police has accepted that advice.

CPS announces new board members

The Crown Prosecution Service has appointed Alison Porter and Jeremy Newman as new non-executive directors to the CPS Board.

Director of Public Prosecutions, Keir Starmer QC, said:

“I am pleased to welcome Alison and Jeremy to the CPS Board. They bring with them a wealth of experience and will undoubtedly make valuable additions to the governance of the CPS.”

In addition to sitting on the board, Alison Porter will be a member of the CPS Nominations and Governance Committee and Jeremy Newman will Chair the Audit and Risk Committee. Both have taken up their roles with effect from December 2012.

Biography – Jeremy Newman

Jeremy is a chartered accountant by profession and the former Chief Executive (2008-2011) of BDO International. Prior to that, he was managing partner (2001-2008) of BDO's UK firm, having joined them as a trainee in 1978 and becoming a partner in 1986. He has worked extensively in audit and corporate finance and has acted for a wide range of businesses across a variety of industries. Jeremy is the current Chairman of the Audit Commission, having been appointed to this role in October 2012. He is also Chair of Trustees of a local Primary school and trustee of a number of private charitable trusts. He has chaired, been a member of, and reported to numerous boards and committees including audit committees. He has managed relationships with governments, regulators and the media in the UK and globally.

Biography – Alison Porter

Alison has 20 years experience in strategic development, operational management and governance at board level in both the private and public sectors. Her early career experience was with HMRC and the Cabinet Office followed by 17 years with BT plc in a range of operational management, security professional and strategic roles. She is an experienced non-executive director having held posts with 5 Government Agencies over the past 11 years and is also a former Lay Magistrate. She recently completed an MA with distinction in Creative Entrepreneurship at the University of East Anglia where she is a visiting speaker. She is currently a non-executive board member at the National Fraud Authority.

Three men sentenced to a total of 53 years in prison for knifepoint robberies at London homes

A group of masked men who targeted wealthy victims and robbed them at knifepoint at their homes have been convicted of conspiracy to rob at Southwark Crown Court today.

Stephen Apted, CPS London Crown Advocate, said:

“The victims in this case were subjected to a horrifying ordeal in their own homes where they were robbed at knife point by masked men.

“These men targeted lone and older victims who they knew to be wealthy leaving restaurants late in the evening. They then followed them home and attacked them on their door step, stripping them of their valuables and jewellery.

“Jewellery worth approximately £300,000 was stolen during the course of five such robberies.

“People should be able to go about their daily lives free from fear of such attacks.

“CPS London will do all it can to prosecute those who bring violent crime to our streets.”

Gulam Gani, Nicholas Lewis and Sean Wallace were found guilty of conspiracy to rob and Lewis was also convicted of one count of robbery. Gani was sentenced to 18 years imprisonment, Wallace was sentenced to 15 years and Lewis was sentenced to 20 years. Trevor Benjamin was acquitted of two counts of conspiracy to handle stolen goods.

Royal Navy petty officer sentenced for misconduct and breach of Official Secrets Act

Mari Reid, Unit Head for the CPS counter-terrorism division, said:

“This was a classic story of betrayal. Edward Devenney was employed by the Royal Navy to protect this country from potential threats to our security. Instead, he pursued a course of conduct likely to put his country at risk.

“Today, Devenney has been sentenced to eight years' imprisonment for collecting official secrets from the submarine on which he worked, secrets that were likely to be useful to an enemy. He attempted to set up a covert relationship with Russian agents with the intention of harming the Royal Navy, at the expense of the UK. Luckily for us, the men he met on 28 January 2012 were not Russian agents, but members of the British Security Service.

“We rely on the men and women of our armed forces to keep us safe. It is hard to imagine a greater breach of that role than Devenney’s actions.”