CPS News Brief

Man jailed for endangering railway passengers

A man has today pleaded guilty to endangering railway passengers and attempted theft of electrical cable from an overhead line, Basildon Crown Court has heard.

Mark Bradshaw, 44, was charged by British Transport Police following advice from the Crown Prosecution Service (CPS), after an incident in which a man was found dead at the side of the railway in Benfleet, Essex, on June 27, 2012. It appeared the man had been killed while attempting to steal the overhead cable.

District Crown Prosecutor Ian Elkins for CPS East of England said:

“This case has highlighted the dangers of tampering with electrical lines on the railway. It is distressing that a man was killed as a result of trying to steal overhead cable and Bradshaw was lucky to have escaped injury.

“However, because of the serious nature of the offending and the potential danger caused to commuters, we felt it was in the public interest to proceed and we will prosecute these cases rigorously through the courts.

“On reviewing the evidence we 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. This charge reflects the danger caused not only to passengers travelling on the railway but also to Bradshaw and the man who died.

“We also advised that Bradshaw be charged with attempting to steal electrical cable belonging to Network Rail, on the same date.”

Bradshaw admitted both charges against him and was sentenced to 12 months imprisonment.

Mr Elkins said: “We also hope this case serves as a warning that trying to steal cable or other material from the railways is extremely dangerous and carries serious consequences.”

CPS statement in relation to Jackie Powell and letter supposedly written by Ian Brady

John Dilworth, Head of the CPS North West Complex Case Unit, said:

“We have completed our review of the evidence concerning an alleged failure by Jackie Powell to disclose information about the location of Keith Bennett’s remains. This allegation centred on a letter, supposedly written by Ian Brady, which may have led police to where Keith Bennett was buried.

“The only offence that might have been committed by Ms Powell was preventing a lawful and decent burial. It is possible to prosecute a person for preventing a lawful burial through a failure to act, but there must be sufficient evidence to prove that the suspect either prevented the burial or intended to do so when they chose not to act.

“After careful consideration, we have decided that Ms Powell should not be charged, as it cannot be established that she knew the contents of the letter referred to, that the letter in question existed or what information it might have contained. The only evidence of the letter’s existence was in comments given by Ms Powell to an interviewer and she stated only that she believed it may contain information about Keith Bennett.

“Even if it could be proved that this letter existed, there is no evidence to suggest that Ms Powell ever knew the nature of its contents and there is insufficient evidence to prove that she genuinely believed it contained the information in question. As such, it could not be established in court that Ms Powell either prevented Keith Bennett’s burial or intended to do so.

“We understand that this is still a very sensitive matter for the relatives of Keith Bennett. We have written to Keith Bennett’s brother to explain our decision and have offered a meeting to discuss this matter.”

Queen’s Counsel convicted of £600,000 VAT fraud

Rohan Pershad, a highly experienced barrister and Queen’s Counsel, was today convicted at Blackfriars Crown Court of one count of cheating the public revenue, between 1 June 1999 and 24 September 2011.

Keri Ashworth-Beaumont, Specialist Prosecutor from the CPS Central Fraud Division, said:

“Rohan Pershad QC failed to pay VAT for a period of 12 years, despite charging his clients that VAT. As a result, he retained an additional private income of £624,579, which should have been paid to HMRC and the public purse. By convicting him today, the jury has concluded that Pershad was acting dishonestly and his failure to pay was not simply an error or mistake.

“He claimed that his chambers had given the impression that payment of his VAT had been taken care of, but the jury clearly rejected that assertion. Pershad always admitted that he understood the law and the responsibility for meeting his obligations rested on him alone.

“The message is clear; paying tax is not an optional extra, in any area of working life and withholding tax dishonestly may lead to prosecution.”

Background: On 22 January 2013, the Director of Public Prosecutions, Keir Starmer, QC, spoke publicly about the importance of prosecuting tax evasion. He argued that tax evasion should not be seen as a victimless crime as it costs the British economy £14 billion per year in lost revenue, equivalent to £769 for every family in the UK. He also set out how the CPS would be “ramping up” the number of HMRC cases, with the volume of prosecutions increasing five fold over the five years to 2014/15.

Figures already available demonstrate that in 2010-11, the CPS successfully prosecuted around 200 tax and excise evasion cases; one year later, 2011-12, that number had risen to more than 550. This financial year to date, 86% of cases originating with HMRC have resulted in conviction.

Woman convicted of murder for knife attacks in the street

A woman who attacked two people with large knives in broad daylight has been convicted of murder and attempted murder. Nicola Edgington was convicted today at the Central Criminal Court.

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

“These attacks occurred on a busy street in Bexleyheath in full view of passers by, some of whom were children on their way to school. They could only look on in horror.

“In both incidents, the prosecution’s case was that Edgington’s clear intention was to kill. The prosecution case was that in doing these things, Edgington knew and understood what she was doing and knew that it was wrong. On the morning of 10 October 2011 she armed herself with large knives and set upon her victims ferociously. Her first victim, who was waiting for her bus to work, survived only because she was able to fight off her attacker. Her second victim was not so fortunate and tragically had no chance to defend herself.

“Violent and vicious crimes cause pain and heartbreak to victims and their families. CPS London is committed to working with its partners to protect our city’s residents against such attacks.”

Operation Elveden: CPS statement on Alan Tierney

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 Service 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 14 January 2013.

"We have concluded, following a careful review of the evidence, that Alan Tierney, a former police constable with Surrey Police, should be charged with two offences of committing misconduct in public office.

"It is alleged that in 2009 Mr Tierney provided information to The Sun newspaper on two occasions in breach of the terms of his employment with Surrey Police and was paid £1750.

“The first charge relates to an allegation that Mr Tierney provided details to the newspaper about a shoplifting incident in which he was the arresting officer.

“The second charge relates to an occasion on which Mr Tierney took a statement from a witness to a domestic violence incident. It is alleged that Mr Tierney passed the witness’ name, address and details of the incident to the newspaper.

“Both of these incidents were linked to high-profile people.

"All of these matters were considered carefully in accordance with the DPP's guidelines on the public interest in cases affecting the media. These guidelines require 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 Mr Tierney will appear before Westminster Magistrates' Court on a date to be determined.

“The file of evidence we received on 14 January also related a member of the public. We have concluded that there is insufficient evidence to provide a realistic prospect of conviction and therefore this individual will not face further action. Due to ongoing proceedings it would be inappropriate to say any more at this stage, however at their conclusion we will consider if more can be made public in relation to this decision.

"May I remind all concerned that proceedings for a criminal offence involving Mr Tierney will now be commenced and that he 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 charges are as follows:

Alan Tierney, between 26 March and 3 April 2009, whilst acting as a public officer, namely a constable of Surrey Police, wilfully and without reasonable excuse or justification misconducted himself

Contrary to common law

Alan Tierney, between 2 and 7 December 2009, whilst acting as a public officer, namely a constable of Surrey Police, wilfully and without reasonable excuse or justification misconducted himself

Contrary to common law

Paul Meehan charging statement

The Crown Prosecution Service in London has authorised the Metropolitan Police to charge Paul Meehan with wasteful employment of police time, contrary to Section 5(2) of the Criminal Law Act 1967.

Jenny Hopkins, Deputy Chief Crown Prosecutor for CPS London, said:

“Following a thorough review of the evidence in accordance with the Code for Crown Prosecutors, I have today authorised the Metropolitan Police to charge Paul Meehan with a charge of wasting police time. This charge relates to information given to police by Mr Meehan during the August 2012 investigation into the disappearance and death of Tia Sharp. We have decided that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to proceed.

“He now stands charged with a criminal offence and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial."

Meehan will appear before Croydon Magistrates’ Court on 28 February, 2013.

‘Industrial’ money launderers sentenced

Three family members have today been sentenced at the Old Bailey for money laundering offences.

Annie Conway, specialist prosecutor for the CPS Organised Crime Division, said:

“Ussama El Kurd was laundering criminals’ money on a truly industrial scale. He made a considerable living ‘cleaning’ dirty money and helping organised criminals go undetected.

“With the help of his wife and son, El Kurd ran what appeared to be an inconspicuous money exchange shop on Kensington Church Street in Central London. But the shop was a magnet for criminals who changed up to £150 million into Euros before spiriting it away.

“Legitimate businesses are expected to keep proper records but the El Kurds showed a blatant disregard for these regulations, as well as lying to their banks, HM Revenue & Customs and the Serious Organised Crime Agency.

“Today’s sentencing stops not just these three criminals, but all those who relied on the El Kurds to enjoy a criminal lifestyle.”

Background:

On 15 November 2012, Randa El-Kurd and Hussam El Kurd pleaded guilty at Southwark Crown Court. Hussam pleaded to one count contrary to section 330 of the Proceeds of Crime Act 2002. Randa pleaded to one count of Breach of Money Laundering Regulations 2007. They were each sentenced to 10 months’ imprisonment and disqualified from being company directors.

On 2 October 2012, Ussama El Kurd pleaded to a conspiracy to launder contrary to section 327 of the Proceeds of Crime Act 2002. He was sentenced to nine years’ imprisonment, disqualified from being a company director, given a Serious Crime Prevention Order and a Financial Reporting Order.

Ussama El Kurd was the Company Secretary of Kensington Money Exchange. The prosecution’s case was that he was the driving force behind the business.

Two men convicted of murdering of 17-year-old

Statement from Catrin Evans, Head of Complex Casework Unit, Crown Prosecution Service, Wales:

“Aamir’s life was cruelly taken from him in a brutal knife attack committed by Jason Richards and Ben Hope. At the same time, they inflicted very serious injury on Aamir’s parents, as they tried to protect their son.

“The prosecution team has worked very hard on what has been a lengthy and very complex case, founded on an exemplary investigation by South Wales Police. The City of Cardiff has extensive CCTV coverage and there is no doubt that CCTV evidence, together with telephony and forensic evidence, has been a major factor in the successful prosecution of this case.

“I would like to thank everyone who has supported the prosecution case. Each statement and every piece of testimony has played its part in the conviction of these two dangerous and violent criminals.

“Whilst Aamir’s assailants have been brought to justice, we are acutely aware that nothing can make up for the loss felt by those close to him. Aamir’s family have shown remarkable dignity and fortitude throughout a lengthy criminal justice process and our thoughts remain with them.”

CPS decides no charges should be brought over hoax calls to King Edward VII Hospital

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

“As is well known, on 4 December 2012, Mel Greig and Michael Christian, both radio presenters in Australia, made a telephone call to the King Edward VII Hospital in London, where the Duchess of Cambridge was receiving treatment, in which they pretended to be members of the Royal Family. During the course of the call, private information about the Duchess’ health was given, in good faith, to Ms Greig and Mr Christian and the call was later played on a radio station in Australia.

“Subsequently, Jacintha Saldanha, a nurse at the hospital who had initially taken the call but who had not herself passed on the information, tragically took her own life.

“The Metropolitan Police Service provided the CPS with a file of evidence on 19 December 2012 and sought our advice on whether a prosecution should be brought.

“Having carefully reviewed the evidence currently available we have concluded that there is no evidence to support a charge of manslaughter and that although there is some evidence to warrant further investigation of offences under the Data Protection Act 1998, the Malicious Communications Act 1988 and the Communications Act 2003, no further investigation is required because any potential prosecution would not be in the public interest.

“In reaching this decision, the CPS has taken into account the following, among other, matters:

• It is not possible to extradite individuals from Australia in respect of the potential offences in question.
• However misguided, the telephone call was intended as a harmless prank.

“The consequences in this case were very sad. We send our sincere condolences to Jacintha Saldanha’s family.”

 

Four men charged with trafficking and controlling prostitution offences

Jenny Hopkins, CPS London Deputy Chief Crown Prosecutor, said:

"We have authorised the Metropolitan Police to charge Vishal Chaudhary, Attila Kovacs, Ibrahim Mosa and Peter Berki each with one count of conspiracy to traffick persons into the UK for sexual exploitation, one count of conspiracy to traffick persons within the UK for sexual exploitation and one count of conspiracy to control prostitution for gain.

“The offences are alleged to have occurred between January 2007 and January 2013.

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

"The four defendants will appear before Westminster Magistrates Court today (1/2/13).

 "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."