CPS News Brief

CPS statement on Operation Alice

A CPS spokesperson said:

"We have received initial papers but we have not received a full file of evidence and we now await the conclusion of the police investigation before considering charges."

CPS decides no charges should be brought against Eric Joyce MP

A CPS spokesperson said:

“The CPS received a complete file on 26 March in relation to events at the Sports and Social Club within the Palace of Westminster on 14 March 2013, following which Eric Joyce MP was arrested.

“The file related to allegations of assault and after careful consideration we have concluded there is insufficient evidence to charge Mr Joyce with any offences in connection with this incident.

“Although there appears to have been an incident on the evening in question, evidence obtained from witnesses contained multiple inconsistencies and there is insufficient evidence that Mr Joyce committed any offence.

“On this basis, we have concluded there is insufficient evidence to support a realistic prospect of conviction and that no further action should be taken.”

Bogus lawyer Giovanni Di Stefano convicted

Giovanni Di Stefano has today been convicted at Southwark Crown Court of 25 counts including deception, fraud, money laundering and using a false instrument committed between 2004 and 2012.

Hilary Ryan from the CPS Organised Crime Division, said:

“For many years, Giovanni Di Stefano described himself to potential clients as a lawyer and usually as an Italian ‘avvocato’. He was nothing of the sort.

“When the law caught up with him, he falsely claimed to have obtained various formal, legal qualifications. He then went on to claim that having taught himself the law, he was entitled to describe himself as a lawyer. This was fraud by anyone’s standards and a charade that he kept up for over eight years in order to line his own pockets.

“People rightly expect the utmost integrity from those in the legal profession. Giovanni Di Stefano routinely tricked his clients and abused their trust. Those who seek to behave in such a cynical way should take note of this conviction today.”

Stephen Seddon guilty of murdering his parents

Cheryl Hramiak, Branch Crown Prosecutor at CPS North West said:

“As a result of today’s verdicts Stephen Seddon has been brought to justice for the violent and premeditated murders of his own parents and for an earlier attempt on their lives.

“He had planned these crimes in enormous detail and went to great lengths to cover his tracks and avoid detection, staging the scene of the murders to make it look like his father was responsible for the shootings. After his failed attempt to kill his parents by driving the car into the canal he even presented himself as a hero for trying to rescue them. His motive was purely financial: to get his inheritance without waiting for his parents to die. Since then he has tried to deceive everyone about what really happened and has shown no remorse whatsoever.

“The prosecution team has meticulously pieced together hundreds of items of evidence to present an overwhelming case that Stephen Seddon intended to kill his parents; that he failed in his first attempt but tragically succeeded in doing so in July 2012.

“The jury have consequently rejected his version of what happened when he drove the car into the canal and his bogus, and outlandish, accounts of the day that he killed his parents. They have recognised them for what they are – a catalogue of lies.

“I would like to offer my sincere sympathies to Robert and Patricia’s family and friends. I hope the justice that has been delivered today will go some small way towards helping them to come to terms with their loss.”

Former Essex broker jailed for foreign exchange investment fraud

Ian James Dickinson has today been sentenced to five years at Chelmsford Crown Court for a fraudulent foreign exchange investment scheme. Over nearly five years, Dickinson defrauded investors of around £3 million.

Rakesh Somaia, a senior fraud specialist for the Crown Prosecution Service, said:

“Many of Ian Dickinson’s victims were lifelong friends and local acquaintances. His fraud was the ultimate betrayal of their trust.

“He was a high profile and trusted member of the community, whose membership of the Rotary Club, Golf Club and Cricket Club gave the impression that he was a man who could be trusted. Some of his victims handed over their life or retirement savings.

“He became a junior foreign exchange broker at the age of just 17 and went on to lead a career in the City. His professional background was well known to friends and neighbours in Frinton on Sea, who kept on investing and even recommended others to do the same.

“Dickinson made little attempt to honour his word to make money for friends and investors, choosing instead to spend their money repaying earlier investors and to support a lifestyle which included a large house, cars and a private education for his children. These cases cause untold financial ruin, stress and misery to the victims and today shows the CPS is ready and able to prosecute the perpetrators.”

Background:

Dickinson took in excess of £11m from investors and invested just over three quarters of a million pounds in foreign exchange, making an overall loss on those investments of just under £200,000. He returned less than £8m to investors.

Dickinson pleaded guilty on 14 February 2013 to one count of participating in a fraudulent business as a sole trader, contrary to section 9 (1) Fraud Act 2006 and one count of carrying on an unauthorised regulated activity, contrary to sections 19 and 23 of the Financial Services and Markets Act 2000.

Five sentenced for ‘extraordinary’ attack on public purse

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

“This was an extraordinary scheme created to attack the public purse. The defendants put in claims on a ghost film called 'Landscape of Lives' with the sole intention of criminally exploiting a tax relief system designed to support the UK film industry. The group had lied to the authorities by claiming the film had a budget of nearly £20 million in order to claim as much tax relief as possible.

“Following their arrest, they produced a different film aptly named ‘Landscape of Lies’ on a budget of less than £90,000 in an attempt to pretend the film claimed for really did exist.

“The defendants had big plans and succeeded in cheating the public purse out of nearly £1 million and had it not been for the actions of HMRC, that figure could have been three times as large.

“Tax evasion costs this country £14 billion a year; the equivalent of £769 for every family. It is more important than ever that we bring criminals behind this type of complex scheme to justice.”

Background:

1. Bashar Al-Issa was convicted on 12 March 2013 of two counts of conspiracy to cheating the public revenue and sentenced to six years and six months.

2. Aoife Madden pleaded guilty and was convicted of two counts of conspiracy to cheat the public revenue and sentenced to four years and eight months.

3. Tariq Hassan was convicted on 12 March 2013 of one count of conspiracy to cheat the public revenue and sentenced to four years.

4. Ian Sherwood was convicted on 12 March 2013 of one count of conspiracy to cheat the public revenue and sentenced to three years and six months.

5. Osama Al Baghdady was convicted on 12 March 2013 of one count of conspiracy to cheat the public revenue and sentenced to four years.

Operation Yewtree: CPS decides man in his 70s should not face prosecution

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

“The CPS has carefully considered the evidence gathered as part of Operation Yewtree in relation to a man in his 70s from Cambridgeshire who was arrested on 11 November 2012 over an allegation of indecent assault. The CPS received a full file of evidence on 20 March 2013.

“In this case the complainant made a withdrawal statement, which maintained that the allegations were true, but in which she said that she had made a statement to lend support to any other complainants who might come forward in relation to the same suspect. The complainant said that as she would be the only complainant to give evidence if the matter went to trial, she did not want to pursue it. She confirmed to the police that she came to this conclusion of her own free will, and was aware that she, like all complainants of sexual offences, was entitled to anonymity.

“We looked at the possibilities of bringing a prosecution without the evidence of this complainant, but have concluded that there would be insufficient evidence for a realistic prospect of conviction.

“The suspect has maintained his innocence throughout.

“The conclusion was that, having given careful consideration to all of the evidence gathered in this matter including the detail of the withdrawal statement and the views of the investigating police officer, it would not be in the interests of justice to compel the complainant to attend court to give evidence. Without her evidence there is insufficient evidence to proceed.”

Operation Elveden: CPS Charging Decision

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions (DPP), 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 full file of evidence was received by the CPS on 4 March 2013.

"We have concluded, following a careful review of the evidence, that Geoff Webster, who at the time of the alleged offending was Deputy Editor of The Sun newspaper, should be charged with two offences of conspiring to commit misconduct in public office, contrary to section 1(1) of the Criminal Law Act 1977.

"The first offence relates to allegations that Mr Webster, between July 2010 and August 2011, authorised payments totalling £6,500 for information supplied by a public official to one of his journalists.

“The second offence relates to an allegation that in November 2010, Mr Webster authorised a payment of £1,500 for information provided by an unknown public official.

"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 Webster will appear before Westminster Magistrates' Court on 26 March 2013.

"May I remind all concerned that proceedings for a criminal offence involving Mr Webster 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:

1. Between 4 July 2010 and 12 August 2011 conspired together with a public official, a journalist and others unknown to commit misconduct in a public office. Contrary to section 1(1) Criminal Law Act 1977

2. Between 3 and 6 November 2010 conspired together with a person or persons unknown to commit misconduct in a public office. Contrary to section 1(1) Criminal Law Act 1977

CPS decides no charges should be brought over hacking of Darwin emails

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

“On 21 November 2012 Cleveland Police provided the CPS with a file of evidence in relation to Gerard Tubb, a Sky News journalist who, it was alleged, had accessed the email accounts of Anne and John Darwin. The Darwins were convicted of insurance fraud in 2008 over the faking of John Darwin’s death.

“In deciding whether any prosecutions should be brought, we carefully considered all the evidence in accordance with the Director of Public Prosecution’s guidelines for prosecutors on cases affecting the media. In accordance with these guidelines, provided there is sufficient evidence for a realistic prospect of conviction, the critical question prosecutors must ask is whether the public interest served by the conduct in question outweighs the overall criminality.

“On the evidence currently available it is not possible to ascertain whether the potential offence of unlawful interception of a communication was committed in the UK or the US. Although this may warrant further investigation, it has been decided under section 4.2 of the Code for Crown prosecutors that further investigations are not required as, in accordance with the DPP’s guidelines, we do not consider that any potential prosecution would be in the public interest.

“Having considered the factors set out in the guidelines on cases affecting the media, it is our view that the evidence indicates that the public interest served by the conduct in question outweighs the potential overall criminality, should an offence be proved. In reaching this decision, we took into account that the emails were accessed with a view to showing that a criminal offence had been committed and that a number of the same emails were subsequently lawfully obtained by the police and used by the prosecution at the criminal trial of Anne Darwin.”

Four charged with offences connected to local government election

Jane Wragg, Specialist Prosecutor handling Special Crime in the Crown Prosecution Service, said:

“After careful consideration of all the available evidence, I have concluded that four individuals should be charged over potential offences committed during the local government election for the Arboretum Ward of Derby on 3 May 2012.

“I have concluded there is sufficient evidence and that it is in the public interest to charge Tameena Ali and Samra Ali with the offence of personation, to charge Nasreen Akhtar with misconduct in public office and to charge Noshiela Maqsood with perverting the course of justice.

“These decisions were taken in accordance with the Code for Crown Prosecutors.

“All four women will appear at Derby Magistrates’ Court on 15 April 2013.”

Background

Tameena and Samra Ali are cousins, whose fathers are brothers.

Nasreen Akhtar is sister to their fathers and Tameena and Samra’s aunt.

Noshiela Maqsood is of no relation to the other defendants in this case.

Five sentenced for pioneering production of BMK

Five men have today been sentenced at Warrington Crown Court for setting up a laboratory used to produce a synthetic substance called BMK. This is the first time that this method of BMK manufacture has been detected in the UK or continental Europe. BMK is not a controlled drug but is used to make amphetamine.

Elizabeth Jenkins, senior lawyer for the CPS Organised Crime Division, said:

“These defendants were not run-of-the-mill drug dealers, this was pioneering work.

“The group’s leader, Jonathan Buckley, oversaw a sophisticated operation which involved flying two Chinese chemists into the UK to work on the production of BMK in Warrington. A significant sum of money had been invested in the enterprise.

“The intention was clear: to produce for themselves vast quantities of a substance called BMK, a central ingredient for dangerous and illegal amphetamines. They hoped that by bringing the production in-house and producing a synthetic substance which is not in itself illegal, they would escape detection and the eye of the law.

“This case sends a strong message to those who seek to make money from the misery of drugs with ever more sophisticated methods.”

Background:

Jonathan Buckley, Paul Preston, Jichang Zhang, Yougan Hu and Richard Pheby all admitted production of a Class B controlled drug (amphetamine) on January 22 2013. Pheby also admitted cannabis cultivation. They pleaded guilty on 22 January 2013.

Today Buckley was given a seven-year jail sentence, Preston was given a five-year jail sentence, while Zhang and Hu were given three-year jail terms. Pheby was sentenced to five years, with a further four months consecutive for cannabis cultivation.

Substances were sourced from abroad in order to make the BMK. The defendants rented a unit under a false name in Newton le Willows, near Warrington, where the laboratory was set up.

Operation Elveden: CPS charging decision

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions (DPP), 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 1 March 2013.

"We have concluded, following a careful review of the evidence, that James Bowes, who is a former Police Sergeant with the Neighbourhood Policing team of Sussex Police, should be charged with an offence of misconduct in public office.

"It is alleged that in 2010 Mr Bowes provided information to The Sun newspaper in breach of the terms of his employment and was paid £500.

“The charge relates to allegations that Mr Bowes provided details to the newspaper about three high profile investigations being conducted by Sussex Police at the time.

"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 Bowes will appear before Westminster Magistrates' Court on 26 March 2013.

"May I remind all concerned that proceedings for a criminal offence involving Mr Bowes 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 charge is as follows: Between 9 April and 20 July 2010, James Bowes, being a public officer, namely a police constable with Sussex Police, and acting as a such, without reasonable excuse or justification, wilfully misconducted himself to such a degree as to amount to an abuse of the public’s trust in that office.

Gross negligence manslaughter charge over death of six-year-old trapped in electric gate

Alison Norton, Specialist Prosecutor handling Special Crime in the Crown Prosecution Service, said:

“I have carefully considered all the available evidence in this tragic case, in which six-year-old Semelia Campbell died on 28 June 2010 after becoming caught in and crushed by an electric gate in the housing development where she lived.

“I have now concluded there is sufficient evidence and it is in the public interest to charge Kriston Kearns, director of the company that automated the gate, with gross negligence manslaughter.

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

“Kriston Kearns will appear at Manchester City Magistrates’ Court on 12 March 2013.

“I once again extend my deepest sympathies to the family of Semelia Campbell.”

Seven men charged with sexual offences involving a 14-year-old girl

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

"I have authorised the Metropolitan Police Service to charge seven men with a range of offences under the Sexual Offences Act 2003 which occurred between May and November 2012.

"All seven are charged with conspiracy to engage in sexual activity with a child.

• Desmond Agyei is also charged with four counts of rape, one count of attempted rape and trafficking a person within the UK for sexual exploitation.
• Edward Kofi Edunya and Perry Murray have also been charged with one count each of rape.
• David Sarpong has also been charged with two counts of rape and one court of attempted rape.
• Ade Atitebi has also been charged with trafficking a person within the UK for sexual exploitation and one count of voyeurism.
• Austin Odisi has also been charged with eight counts of rape and Justin Maynard has also been charged with five counts of rape.

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

"The seven defendants will appear before Thames Magistrates' Court this morning (8/3/13).

"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."

No further action has been taken against an eighth man arrested.

CPS statement on Vicky Pryce and Chris Huhne

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

“Perverting the course of justice is a serious matter and the system relies on people being truthful to police. It is important that everyone should act within the law – whoever they are.

“Chris Huhne made sustained challenges against the prosecution before pleading guilty at the last minute. This was expensive for the CPS and we will be applying for costs.

“I would like to thank my prosecution team for the professional way that they have dealt with this case throughout.”