CPS News Brief

Kevin Hutchinson-Foster convicted for transferring gun to Mark Duggan

Kevin Hutchinson-Foster was today convicted at the Central Criminal Court of transferring a gun to Mark Duggan. Alison Saunders, CPS London Chief Crown Prosecutor, said:

“The CPS proceeded with this prosecution based on evidence that Kevin Hutchinson-Foster had transferred a gun to Mark Duggan hidden in a shoe box in Tottenham on 4 August 2011. He had already lied about possessing the same gun and beating a person with it six days earlier, despite strong evidence linking him to that offence. He eventually pleaded guilty to those charges and today a jury found him guilty of this further offence.

“We are committed to tackling the menace of gun crime and will continue working closely with the police to pursue and prosecute those who supply or transfer the weapons that have caused terrible pain to so many families. This conviction sends a strong message that gun crime and violence will not be tolerated in London.”

Corporate manslaughter charge over the death of an 11 year old girl during a banana boat ride

Elizabeth Joslin, Specialist Prosecutor in the Special Crime Division of the Crown Prosecution Service said:

“I have carefully reviewed all of the evidence gathered by the Metropolitan Police and the Hounslow Environmental Health Department during their investigation into the tragic death of Mari-Simon Cronje.

“Mari-Simon died aged 11 during a birthday celebration at the Prince’s Sporting Club in Bedfont, Middlesex on 11 September 2010. She died after falling from a banana boat ride and being hit by the boat that had been towing it.

“I have concluded that there is sufficient evidence to charge the Prince’s Sporting Club Ltd with both corporate manslaughter and an offence under section 3 of the Health and Safety at Work Act 1974. Section 3 requires all employers to conduct their business in a way that ensures, so far as is reasonably practicable, that others are not exposed to risk.

“Additionally, I have concluded that Glen Walker, a director of the Prince’s Sporting Club Ltd, should also be charged under section 37 of the Health and Safety at Work Act.

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

“The company and Glen Walker will appear at Westminster Magistrates' Court on 19 February 2013.

“I extend my sympathies to the family of Mari-Simon Cronje.”

Man convicted of murdering sister

Tony McCluskie was today convicted at the Central Criminal Court of the murder of his sister Gemma McCluskie.

Alison Saunders, CPS London Chief Crown Prosecutor, said:

“This was an extremely distressing and violent case. McCluskie used all means possible to divert suspicion away from himself, giving false hope to family and friends. After committing the crime on 1 March 2012, he filed a missing person’s report and gave false information to the police.

“The strong case against McCluskie led to him admitting unlawfully killing his sister and he pleaded guilty to manslaughter, saying it was not intentional and that he had lost control.

“But the prosecution did not accept his plea to manslaughter. We felt that the evidence of brutality showed a deliberate intent to cause death or serious bodily harm to Gemma, which amounts to murder.

“CPS London will robustly prosecute offenders to ensure that convictions reflect the nature of the crime.

“Our thoughts are with those who have been doubly affected by this tragedy.”

CPS decision from Operation Elveden

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions, oversees CPS decision making and all potential prosecutions in relation to the ongoing phone hacking investigations and other related matters.

Miss Levitt said:

"This statement is made in the interests of transparency and accountability to explain, and inform the public of, the decisions reached in respect of allegations arising from Operation Elveden into allegations of unlawful payment by journalists to public officials.

"This announcement relates to a file which was submitted to the CPS in relation to two journalists and two public officials on 30 August 2012. Three of those suspects were charged with offences on 20 November 2012. A fourth suspect has been informed today that no further action is being taken in relation to these allegations of misconduct in public office.

“Due to ongoing proceedings it would be inappropriate to say any more at this stage. At the conclusion of any related proceedings we will consider what more can be made public in relation to this decision.

“It is very important that nothing is said, or reported, which could prejudice an upcoming trial."

Soldiers sentenced for firearms and drugs offences

Five men have been sentenced to a total of 50 years’ imprisonment for importing guns, ammunition and drugs into the country. The men were sentenced today at Woolwich Crown Court.

Alison Saunders, CPS London Chief Crown Prosecutor, said:

“This was a carefully planned conspiracy to bring weapons, ammunition and drugs into the UK organised by four soldiers based in Germany and their civilian contact in London.

“The conspirators were first caught with the five handguns and 493 grams of cocaine when Dyce drove off the Euro Shuttle train at Dover in January, but the full extent of the criminality was not discovered until phone data was meticulously analysed and a picture of those involved was created.

“These deadly weapons could have gone on to be used in violent crimes. The 74 live bullets brought in as part of the importation were very difficult to obtain in the UK and were likely to have been sold to the criminal underworld. The high-purity cocaine that was imported had a street value of over £70,000 and would almost certainly have made big profits for criminal gangs while damaging lives.

“CPS London will continue to work with its partners in the fight against gun and drug crime in the capital. Successful prosecutions such as this stop these items at their first point of entry into the country. The sentences handed down today should act as a warning to anyone contemplating such criminal activity.”

Trave Dyce

Conspiracy to import prohibited firearms (guilty plea during the trial): 3.5 years
Conspiracy to import class A drugs (guilty plea during the trial): 4 years

Lance Laurent

Conspiracy to import prohibited firearms (guilty plea during the trial): 6.5 years
Conspiracy to import class A drugs (guilty after trial): 5.5 years

Duran Wright

Conspiracy to import prohibited firearms (guilty after trial): 5 years
Conspiracy to import class A drugs (guilty after trial): 5 years

Lemar Loveless

Conspiracy to import prohibited firearms (guilty plea during the trial): 7 years
Conspiracy to import class A drugs (guilty after trial): 7 years

Ramone Marshalleck

Conspiracy to import prohibited firearms (guilty after trial): 6.5 years

CPS statement on Paul Flattley and Virginia Wheeler

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions, oversees CPS decision making and all potential prosecutions in relation to the ongoing phone hacking investigations and other related matters. Ms Levitt said:

"This statement is made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Elveden, which is the Metropolitan Police’s investigation into allegations involving the unlawful provision of information by public officials to journalists.

"This announcement relates to a file of evidence received from the Metropolitan Police Service. The investigation in this case was overseen by the Independent Police Complaints Commission. A charging file in respect of this matter was received by the CPS on 17 December 2012.

"We have concluded, following a careful review of the evidence, that former Metropolitan Police Service police constable, Paul Flattley, and Virginia Wheeler, a journalist at The Sun newspaper, should be charged with conspiracy to commit misconduct in public office.

"It is alleged that between 25 May 2008 and 13 September 2011 Flattley, who at the time was a serving police constable with the Metropolitan Police Service, was paid at least £4,000 (in the form of cheques) and £2,450 (in cash) by The Sun newspaper in exchange for information provided in breach of the terms of his employment.

"The information provided included information about the tragic death of a 15-year-old girl, as well as details about both suspects and victims of accidents, incidents and crimes. This included, but was not limited to, information about high profile individuals and those associated with them.

"All of these matters were considered carefully in accordance with the DPP's guidelines on the public interest in cases affecting the media. This guidance asks prosecutors to consider whether the public interest served by the conduct in question outweighs the overall criminality before bringing criminal proceedings.

"Accordingly, we have authorised the institution of proceedings and both individuals will appear before Westminster Magistrates' Court on a date to be determined.

"May I remind all concerned that proceedings for a criminal offence involving these two individuals will now be commenced and that each has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice that trial. For these reasons it would be inappropriate for me to comment further."

The full charge is as follows:

Virginia Wheeler and Paul Flattley, between 25 May 2008 and 13 September 2011, conspired together to commit misconduct in public office. Contrary to s.1(1) of the Criminal Law Act 1977.

Mine manager and company charged over tragic Gleision coal mine deaths

Malcolm McHaffie, Deputy Head of Special Crime at the Crown Prosecution Service, said:

“The deaths of four miners at the Gleision coal mine in September 2011 devastated the local Welsh mining community.

“Charles Breslin, Philip Hill, Garry Jenkins and David Powell all tragically lost their lives in Cilybebyll, in the Swansea Valley, when the mine in which they were working was engulfed by an enormous inrush of water. It is estimated that in around three minutes more than half a million gallons of water entered the section of the mine in which the men were working.

“The CPS has now carefully considered all the available evidence in this case, including detailed expert evidence.

“We have concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to charge mine manager Malcolm Fyfield with four counts of gross negligence manslaughter.

“Fyfield was employed as mine manager by MNS Mining Ltd and it is alleged that he caused the deaths of four miners by mining into old, flooded mine workings in breach of health and safety regulations. In doing so the prosecution alleges he was grossly negligent.

“MNS Mining Limited has also been summonsed for four counts of corporate manslaughter. The prosecution allege that because of the way in which its activities were managed or organised by its senior management, namely Malcolm Fyfield, the company caused the deaths of the miners by failing to ensure a safe system of working was in place. It is alleged that this failure amounted to a gross breach of duty of care owed by the company to each of the four mine workers.

“A representative of the company and Malcolm Fyfield will appear at Neath Magistrates’ Court on 1 February.

“I extend my sincere condolences to the families of the four men who died in such awful circumstances.”

The defendants 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.

Statement on prosecution of Geoffrey Counsell

Barry Hughes, Chief Crown Prosecutor for CPS South West, said:

“In October 2012, CPS South West authorised Avon and Somerset Constabulary to charge Geoffrey Counsell with manslaughter in relation to a very serious incident on the M5 in November 2011.

“We keep all our cases under constant review and, in the most complex cases, also consult with CPS Headquarters.

“During this review process, in December we sought further advice from a leading expert on the law of negligence and additional information was also provided by expert witnesses and police investigators. Based on this additional information and advice, it has been decided that there is insufficient evidence to continue with a prosecution for manslaughter, which will be discontinued by tomorrow.

“Mr Counsell will shortly be charged with an offence under the Health and Safety at Work Act. It is alleged that Mr Counsell failed to ensure that he operated the firework display that night so as to ensure, as far as was reasonably practicable, that others who might be affected were not exposed to risks to their health and safety. This offence carries a maximum sentence of two years’ imprisonment.

“We will not be commenting further at this time as proceedings are continuing.”

Two sentenced for hacking Sony Music servers

Gregor McGill, Head of Organised Crime at the Crown Prosecution Service, said:

“James Marks and James McCormick have today been sentenced for hacking the servers of one of the world’s largest recorded music companies from their home computers in Daventry and Blackpool respectively. Both huge enthusiasts of Michael Jackson, they targeted Sony Music which has the exclusive license to the late musician’s catalogue. At the time of his death, there existed recorded but unreleased Michael Jackson music which aroused the attention of Marks and McCormick.

“It was the prosecution’s case that these men were fully aware that the files they obtained on their computers were subject to copyright and that they took steps to sell on and to share the music with a wider audience in internet forums.

“In simple terms, these men broke into a computer system and took music files that were not theirs to take. That was criminal activity.”

Background:

They were sentenced at Leicester Crown Court to six months suspended for one year and 100 hours community requirement, having each pleaded guilty to two counts of unauthorised access to computer material.

Man who threw bottle during Olympic Games found guilty of a public order offence

Ashley Gill-Webb, 34, was found guilty of a public order offence at Stratford Magistrates’ Court today (11/01/13).

David Robinson, Deputy Chief Crown Prosecutor for CPS London, said:

“Gill-Webb’s decision to throw a bottle onto the track at the men’s 100m final was reckless and irresponsible.

“This incident came close to disrupting the most watched event of the 2012 Olympic Games which was broadcast to millions of people across the world and for which many athletes had trained for years.

“His prosecution should act as a warning that incidents of public disorder will be dealt with robustly to ensure public events can go ahead unhindered by criminal behaviour.”

Gill-Webb was found guilty of one count of using threatening or abusive words or behaviour or disorderly behaviour with intent to cause harassment, alarm or distress (s4A).

Five people found guilty for their involvement in fatal road collision

Five people were found guilty today (10/1) for their involvement in a fatal road traffic collision.

Andrzej Boguslaw Skowron, aged 25, from Shelley Gardens, Wembley, has been convicted of causing death by dangerous driving and conspiracy to commit fraud.

Radoslaw Piotr Bielawski, aged 24, from Rosewood Avenue, Greenford has been found guilty of causing death by dangerous driving and conspiracy to commit fraud. He had already pleaded guilty to doing acts tending to pervert the course of justice.

Jacek Kowalczyk, aged 32, from Fraser Road, Perivale, Greenford, has been found guilty of causing death by dangerous driving, conspiracy to commit fraud and doing acts tending to pervert the course of justice.

Artur Okrutny, aged 23, from Briar Road, London, has been convicted of doing acts tending to pervert the course of justice.

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

“This case involved the staging of a road traffic collision for financial gain, which caused the death of an innocent motorist, Miss Baljinder Kaur Gill.

“Miss Gill lost her life on 11 June 2011, as a consequence of a ‘crash for cash’ insurance scam collision on the A40 near Denham, Buckinghamshire; a collision contrived by a ruthless gang of men so that they could profit financially from the submission of fraudulent insurance claims. Her death was Britain’s first fatality as a result of ‘crash for cash’. An earlier report from the Insurance Fraud Bureau warned it was merely a matter of time before a death occurred on British roads – sadly prophetic words. The location chosen for the staged collision created an obvious risk that an innocent motorist would be killed as a result of their greed.

“According to figures from the Insurance Fraud Bureau, the annual cost to the motor industry of crash for cash is £392 million, which equates to about £1.7 million per day. The risk that these defendants took with the lives of innocent motorists such as Miss Gill was enormous. The potential advantage to them was comparatively small. Whiplash to three of them would have secured them between £12-15,000, plus whatever damage was done to their car. They selfishly placed their own financial gain over and above the life of Miss Gill.

“The crash for cash scam has increasingly blighted the roads of the UK in the last few years, placing innocent road users in unnecessary peril. The result of this case sends a clear message to those who might consider becoming involved in similar activities that they not only risk the lives of innocent members of the community, but they will be brought to justice.

“As a result of the hard work and diligence of the prosecution team, and especially Sergeant Upton and PC Gibson, justice has been achieved for the victim and her family and friends. The officers, from Thames Valley Police’s Road Death Investigation Team, determined that this was a crash for cash case at an early stage and thereafter pursued what was a complex fraud investigation.

“We hope that today’s convictions and sentences will in some way help Miss Gill’s family and friends come to terms with this tragic event. However, we acknowledge that nothing can make up for the loss felt by the family and friends of Miss Gill and our thoughts are very much with them at this difficult time.

“The Crown Prosecution Service worked closely with Thames Valley Police during this investigation and will continue to seek to bring to justice anyone who engages in similar lawless behaviour."

Colin Lee, aged 32, from York Place, Aylesbury, was also found guilty of causing death by careless driving. Lee was the driver of the van that fatally collided with the victim but was not involved with the scam.

DCI Casburn convicted - CPS lawyer speaks outside court

Speaking from outside Southwark Crown Court, Greg McGill, a senior CPS lawyer said:

“DCI Casburn has been found guilty of misconduct in public office – not only did she seek to divulge confidential information, she sought to leak details of a case to the very newspaper under investigation. This is a very serious offence and the jury has today agreed that DCI Casburn’s actions were criminal.”

Eight charged in £35m bank loan corruption case

Sue Patten, Head of Fraud at the Crown Prosecution Service, said:

“Following a thorough fraud and corruption investigation by Thames Valley Police, we have today authorised eight people to be charged in connection to business loans made through a high street bank to a value of around £35m.

“Two former employees of HBOS, Lynden Scourfield and Mark Dobson, senior managers in Reading and Bishopsgate, have been charged with conspiracy to corrupt, contrary to the Criminal Law Act 1977. Also charged as part of the same conspiracy to corrupt are David Mills and Michael Bancroft of Quayside Corporate Services (QCS), a turnaround consultancy.

“The allegation is that Scourfield was provided with numerous high-value gifts by Mills and Bancroft in return for appointing QCS to administer bank loans to companies in difficulty. The evidence suggests that Dobson was a party to this relationship, which was in place between January 2003 and September 2010.

“Scourfield, Mills and Bancroft are also charged with three counts of fraudulent trading contrary to the Companies Act 1985. It is alleged that they administered businesses knowing that it was for a fraudulent purpose. John Cartright, an associate of QCS is also charged with one count of fraudulent trading.

“Further, Scourfield, Mills and Bancroft will face, together with their wives, one count of money laundering contrary to the Proceeds of Crime Act 2002. They are Jacqueline Scourfield, Alison Mills and Beverley Bancroft.

“This decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is a realistic prospect of conviction and a prosecution is in the public interest.

“All eight defendants will appear before Reading Magistrates’ Court on 18 January 2013.

“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."