CPS News Brief

CPS decision on the death of Flight Lieutenant Sean Cunningham

Alison Storey, Specialist Prosecutor for the CPS Special Crime and Counter Terrorism Division, said:

“After carefully reviewing all of the evidence I have concluded that no manslaughter charges should be brought in relation to the death of Flight Lieutenant Sean Cunningham, a Red Arrows pilot who tragically died after being ejected from his stationary aircraft on 8 November 2011.

“I have provided the police with on-going advice throughout their very thorough investigation into the circumstances surrounding the tragic death of Flt Lt Cunningham.

“I provided the police with advice on the circumstances surrounding the activation of the ejection seat. Following this advice, the police decided not to pursue further criminal investigation into this aspect of the incident.

“The police did conduct a full criminal investigation into the circumstances which lead to the failure of Flt Lt Cunningham’s parachute to open. A full file of evidence in relation to this was submitted by the police and reviewed by me. I considered charges against three individuals, and against the Ministry of Defence and Martin Baker Ltd, in relation to their involvement in either the manufacture or servicing of the relevant equipment.

“The offences I considered were gross negligence manslaughter and corporate manslaughter. Whilst there are some differences between these offences, they both require the prosecution to prove that the individual or organisation owed a duty of care to the deceased, that they breached this duty, that the breach caused the death of the person who died and that the breach was so gross as to amount to a criminal offence. To bring a prosecution there has to be sufficient evidence for a realistic prospect of proving all of these elements to the high criminal standard; beyond reasonable doubt.

“The evidence I considered was extensive and included results of testing of the equipment and expert reports. “I have concluded that there is insufficient evidence to establish that any individual or the Ministry of Defence breached their duty of care to Flt Lt Cunningham in relation to the servicing of the relevant equipment.

“I also concluded that there is insufficient evidence to provide a realistic prospect of conviction of Martin Baker Ltd in relation to the manufacture of the parachute.

“I have therefore concluded, in accordance with Code for Crown Prosecutors, that no charges should be brought in connection with the death of Flt Lt Cunningham. An investigation by the Health and Safety Executive continues.

“I extend my sympathies to the family and friends of Flt Lt Cunningham.”

Woman charged following Dagenham acid attack

Damaris Lakin, CPS London Senior Crown Prosecutor, said:

“I have authorised the Metropolitan Police to charge Mary Konye in relation to the throwing of sulphuric acid onto Naomi Oni on 30 December 2012 in Dagenham.

“I concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to charge Ms Konye with throwing or casting a corrosive fluid with intent to burn, maim, disfigure, disable or do grievous bodily harm.

“She will appear before Barkingside Magistrates Court on 1 May.

"Ms Konye 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."

Five to be prosecuted over tax relief fraud

Andrew Penhale, deputy head of fraud at the Crown Prosecution Service, said:

“Following an investigation by HM Revenue and Customs, we have authorised charges against five individuals in connection with a tax relief fraud that allegedly cost the public revenue in the region of £125 million.

“It is alleged that, between 1 January 2002 and 11 July 2011, a tax relief that allows investors in the British film industry to offset losses against other tax liabilities was abused and dishonestly marketed in order to cheat the public revenue. The evidence suggests that the value of allowable losses was falsified, that there was a conspiracy to defraud investors and that documents were falsified for accounting purposes.

“Keith Hayley, Robert Bevan, Charles Savill, Cyril Megret and Norman Leighton will each face three charges: conspiracy to cheat the public revenue, conspiracy to defraud and conspiracy to falsify documents. The charges are contrary to section 1(1) of the Criminal Law Act 1977, section 17 of the Theft Act 1968 and Common Law.

“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 that a prosecution is in the public interest.

“All five defendants have been summoned to appear before Birmingham Magistrates’ Court on 18 June 2013.

“Hayley, Bevan, Savill, Megret and Leighton are now the subject of criminal proceedings and have the right to a fair trial. It is extremely important that nothing should be reported which could in any way prejudice these proceedings."

Max Clifford charged with 11 indecent assaults

The Crown Prosecution Service has today authorised police to charge Max Clifford with 11 indecent assaults allegedly committed between 1966 and 1985. Alison Saunders, Chief Crown Prosecutor for CPS London, said:

“We have carefully considered the evidence gathered as part of Operation Yewtree in relation to Max Clifford, who was initially arrested on 6 December 2012 over allegations of sexual offences.

“Having completed our review, we have concluded that there is sufficient evidence and it is in the public interest for Mr Clifford to be charged with 11 offences of indecent assault relating to seven complainants. The charges are:

• One offence of indecent assault relating to a girl, aged 14, in 1966
• One offence of indecent assault relating to a woman, aged 18, in 1974/75
• Three offences of indecent assault relating to a girl, aged 15, in 1977/78
• One offence of indecent assault relating to a woman, aged 19, in 1978
• Two offences of indecent assault relating to a girl, aged 16 or 17, in 1981/82
• One offence of indecent assault relating to a woman, aged 19, in 1980/81
• Two offences of indecent assault relating to a woman, aged 18, in 1984/85

“Mr Clifford will appear at Westminster Magistrates’ Court on 28 May 2013.

“We have also decided that there is insufficient evidence to authorise charges in relation to three separate allegations. These decisions were taken in accordance with the Code for Crown Prosecutors and our guidance for prosecutors on sexual offences.

"May I remind all concerned that Mr Clifford 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.”

Additional information

• To allow journalists to track progress, it may be helpful to know that until this point the CPS has described the file relating to Max Clifford in the following terms: “a man in his 60s from Surrey arrested on 6 December 2012 in relation to possible offences of a sexual nature.”

Terrorists jailed in high-tech and sophisticated prosecution

Richard Dart, Jahangir Alom and Imran Mahmood have today been sentenced at the Old Bailey following a guilty plea on 15 March 2013 to engaging in preparation for acts of terrorism contrary to section 5(1) of the Terrorism Act 2006.

Mark Topping, specialist counter-terrorism lawyer for the Crown Prosecution Service, said:

“When Richard Dart, Jahangir Alom and Imran Mahmood were making plans for two of them, Dart and Alom, to fly to Pakistan, they did not expect those travels to lead them to the dock at the Old Bailey and jail. But this case serves as another reminder that those who take steps to travel abroad for the purposes of preparing for terrorism can and will be prosecuted here in the UK.

“Although the men did not identify any specific targets for an attack, their determination and intent were very clear. The training that Dart and Alom sought, and which Mahmood attempted to assist with, would have taught Dart and Alom the skills and techniques necessary to commit acts of terrorism both aboard and in the United Kingdom. Mahmood had already undertaken training and was already asking Dart for help in locating a book that would allow him to make home-made explosives.

“This was a prosecution that was based on the most high-tech and sophisticated evidence gathering available. We know that Mahmood received terrorist training abroad because police found high explosive residue on his rucksack when he was searched at the airport. But even more impressively, computer experts have been able to retrieve the text that Dart and Mahmood typed out on the laptop in front of them as they sat together and communicated - presumably because they feared that any conversation would be overheard. Thanks to the diligent work of the Metropolitan Police Service, the Crown Prosecution Service was able to attribute this data to the defendants and prove to the court that they were engaging in preparation for acts of terrorism.

“These state of the art techniques not only left the defendants little choice but to plead guilty but also increasingly restrict the ability of terrorists to hide their intentions from the authorities.”

The case of 'F'

The High Court delivered its judgment yesterday in the case of 'F', allowing an application for a judicial review of a decision not to charge a suspect in a rape case.

This is an interesting and important development in the law and we welcome the opportunity to review this case in light of this judgment. As this matter remains before the courts it would not be appropriate to comment further at this stage.

Operation Elveden: Duncan Larcombe, John Hardy, Claire Hardy and Tracy Bell to be charged

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.

Duncan Larcombe, John Hardy and Claire Hardy

"Following a careful review of the evidence, we have concluded that Duncan Larcombe, John Hardy and Claire Hardy should be charged with a conspiracy to commit misconduct in public office.

“Duncan Larcombe was employed as Chief Royal Correspondent at The Sun, John Hardy served as a Colour Sergeant based at the Royal Military Training Academy in Sandhurst and Claire Hardy is his wife.

"It is alleged that from 10 February 2006 to 15 October 2008, 34 payments were made to either John Hardy or Claire Hardy totalling over £23,000 for stories relating mainly to the Royal Family or matters at Sandhurst.

Tracy Bell

“In addition we have concluded that Tracy Bell should be charged with one count of misconduct in public office. Tracy Bell was employed by the Ministry of Defence as a pharmacy assistant at Sandhurst Medical Centre.

“It is alleged that Tracy Bell received £1250 between 17 October 2005 and 7 July 2006 relating to five articles published in The Sun regarding matters at Sandhurst.

“We have also concluded that there is insufficient evidence to charge the second member of the public with any criminal offence.

“All four defendants will appear at Westminster Magistrates’ Court on 8 May 2013.

"These decisions 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.

"May I remind all concerned that these defendants have 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 faced by Tracy Bell is as follows:

Between 17 October 2005 and 7 July 2006, whilst acting as a public official, namely a Pharmacy assistant, Tracy Bell wilfully and without reasonable excuse or justification, misconducted herself to such a degree as to amount to an abuse of the public’s trust in that office, contrary to Common Law.

The full charge faced by Duncan Larcombe, John Hardy and Claire Hardy is as follows:

Duncan Larcombe, John Hardy and Claire Hardy, between 9 February 2006 and 16 October 2008, conspired together to commit misconduct in public office, contrary to section 1(1) Criminal Law Act 1977.

Operation Elveden: CPS decides Fergus Shanahan will face prosecution

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 from the Metropolitan Police Service that was received by the CPS on 4 March 2013.

"Following a careful review of the evidence, we have concluded that Fergus Shanahan, who served as an Editor at the Sun newspaper, should be charged with an offence of conspiring to commit misconduct in public office.

"It is alleged that in August 2006 and August 2007 Mr Shanahan, in his role as an editor, authorised one of his journalists to make two payments totalling £7,000 to a public official for the disclosure of information.

"Our decision to prosecute was 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 Shanahan will appear before Westminster Magistrates' Court on 8 May 2013.

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

Fergus Shanahan, between 7 August 2006 and 14 August 2007, conspired with a public official and a journalist to commit misconduct in a public office.

Four Luton men jailed for preparation of terrorist acts

Zahid Iqbal, Mohammed Sharfaraz Ahmed, Umar Arshad and Syed Farhan Hussain were today sentenced at Woolwich Crown Court having pleaded guilty on 1 March 2013 to one count contrary to section 5 of the Terrorism Act 2006, the preparation of terrorism acts.

Deborah Walsh, deputy head of Counter-Terrorism at the CPS, said:

“Four dangerous and committed terrorists are today starting lengthy prison sentences where they will no longer be a threat to the British public.

“Zahid Iqbal was a terrorist facilitator who arranged for individuals to travel to Pakistan for extremist purposes. Iqbal arranged one such visit for Mohammed Sharfaraz Ahmed in March 2011.

“Ahmed was engaged in the radicalisation and recruitment of others for an extremist cause and recruits included his co-defendants Arshad and Hussain. Ahmed and others undertook physical and mental training which was sometimes carried out in Snowdonia North Wales. This was a favourite destination with Ahmed due to its apparent resemblance to the mountains of Pakistan and he was observed there carrying out regimental hikes, press-ups and runs.

“All four men have shown a deep commitment to engage in violent “Jihad”. In April 2011, Iqbal and Ahmed discussed an attack on the Territorial Army base in Luton using explosives placed on a remote controlled car. Independent forensic evidence has confirmed the device was viable.

“The police and Security Service succeeded in stopping these men before they were able to harm innocent lives. But the case highlights the continued threat posed by UK based terrorists and the complex web of international support that informs and encourages their dangerous and destructive plans. It is also a reminder that terrorist activity committed abroad can and will be prosecuted in UK courts.”

 

ZAHID IQBAL An extended sentence of 16 years 3 months comprising a custodial element of 11 years 3 months and an extended licence period of 5 years. Terrorism Act notification requirement for 30 years

MOHAMMED SHARFARAZ AHMED. An extended sentence of 16 years 3 months comprising a custodial element of 11 years 3 months and an extended licence period of 5 years. Terrorism Act notification requirement for 30 years

UMAR ARSHAD. A sentence of imprisonment of 6 years 9 months. Terrorism Act notification requirement for 15 years

SYED FARHAN HUSSAIN. A sentence of imprisonment of 5 years 3 months. Terrorism Act notification requirement for 15 years

CPS statement on the conviction of Opemipo Jaji

A man has been convicted of raping an 11-year-old girl in a park in Enfield on 23 November.

Opemipo Jaji was convicted of one count of rape at the Central Criminal Court today and will be sentenced at a later date.

Sarah Maclaren, CPS London Head of Rape and Serious Sexual Offences, said:

“This was a vicious and horrific attack on a young victim which lasted almost three hours.

“The victim was on her way home from school with her friend on the bus and a few minutes later Jaji got on the same bus.

“He then followed the victim off the bus and dragged her into the park where she was subjected to a prolonged and terrifying ordeal. The victim tried to get away several times and was pulled back by Jaji who threatened to stab her.

“As a result of this conviction a dangerous sexual offender has now been brought to justice.

“I would like to thank the 11-year-old victim and her family for their enormous strength and courage in supporting this prosecution.

“Victims of sexual crimes should know that their cases will be handled by specialist and dedicated prosecutors and that there are many special measures available to help and support victims and witnesses through the prosecution process.”

Man jailed over £60,000 worth of Viagra style medicine

Brian Hipwood, of Ealing, was today sentenced to 15 months’ imprisonment at Isleworth Crown Court for possession of illegal medicines and tobacco duty evasion. He was convicted on 14 March 2013 on one count of Cheating the Public Revenue, nine counts of possession of a medicinal product without a marketing authorisation and one count of possession of a class C drug with intent to supply.

Mhairi Urquhart, specialist fraud lawyer for the CPS, said:

“When officers from HM Revenue and Customs first visited the home of Brian Hipwood, he was apprehended in a state of undress as he attempted to leave the property. He clearly had something to hide.

“Not only was Hipwood selling tobacco without declaring the duty, he was selling unauthorised and therefore potentially dangerous unlicensed Viagra-style medicine too.

“When officers searched containers in Willesden rented by Hipwood, they found a staggering amount of illegal produce. Not a single penny of the £46,000 that was due to the Public Revenue from the cigarettes and hand-rolled tobacco that Hipwood was selling had been paid.

“Literally thousands of Viagra-style medicines were also found, with a street value of over £64,000. Medicine is licensed and controlled for a good reason; to ensure the safety of those using it. The tablets found in Hipwood’s possession had undergone no such quality control.

“Today should serve as a warning to those who seek to make money by ignoring important safety checks.”

Reminder: CPS legal trainee scheme 2013

Applications to the Crown Prosecution Service 2013 legal trainee scheme will close on Friday 5 April and talented law graduates seeking an interesting and rewarding career in the public service are encouraged to apply.

Keir Starmer QC, Director of Public Prosecutions, said:

"Following the successful relaunch of our legal trainee scheme last year, we are delighted to be able to offer a further 10 trainee positions to top aspiring solicitors and barristers for 2013.

"We are looking for inspirational, hard-working, top quality trainees who want to make a vital contribution to delivering justice for victims and witnesses.

"Successful candidates will have the opportunity to get involved in the varied and fascinating work of the CPS, with both 12 month pupillages and two year training contracts available."

Matthew Treece, a pupil barrister who joined the CPS as part of the 2012 trainee scheme, said:

"Since joining the CPS last November, I have had the opportunity to shadow a number of different advocates and experience the hard, but really interesting work involved in bringing such a variety of cases to court.

"I am thrilled to be helping make sure that the right offenders are prosecuted for the right crimes and look forward to being able to contribute more as I gain experience."

Once qualified, each trainee will be offered a permanent role as a Crown Prosecutor with an expectation that they will continue to progress to the role of Senior Crown Prosecutor and beyond. Mr Starmer added:

"We know from last year that because of the exciting and interesting work involved, the CPS trainee scheme is highly competitive, with over 1,000 applications in 2012. We are committed to recruiting and developing outstanding lawyers and the legal trainee scheme is a valuable way of bringing new talent into the organisation."

The 10 available trainee posts are based across the organisation in CPS London, CPS Thames & Chiltern and CPS HQ's Welfare, Rural & Health Division.

More details about the roles and how to apply can be found on the CPS website.

Operation Yewtree: CPS decides David Smith should be charged with five offences

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 David Smith, who was employed as a driver at the time of the allegations. The CPS received a file of evidence on 21 December 2012. Further enquiries were necessary and the result of those enquiries was received by the CPS on 18th March.

“We have concluded, in accordance with the Code for Crown Prosecutors, that there is sufficient evidence for a realistic prospect of conviction, and that it is in the public interest for David Smith to be charged with five offences.

They are:

• Indecent assault on a boy under the age of 14 years (01/06/1984 - 21/07/1984)

• Indecent assault on a boy under the age of 14 years (01/06/1984 - 21/07/1984)

• Gross indecency with a boy under the age of fourteen years of age (01/06/1984 - 21/07/1984)

• Gross indecency with a boy under the age of fourteen years of age (01/06/1984 - 21/07/1984)

• Male person committing buggery with a boy under 16 years of age (01/07/1984 - 21/07/1984)

“David Smith will appear at Westminster Magistrates' Court on 8 May 2013.

“David Smith has been charged with criminal offences and 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."

CPS statement on police officer convicted of theft and conspiracy to supply controlled drugs

Alison Storey, Specialist Prosecutor in the Crown Prosecution Service Special Crime Division, said:

“As a detective constable, Nicholas McFadden should have been taking drugs off the streets. Instead, he was stealing the very drugs the police had seized, and putting them straight back there.

“He exploited his trusted position by stealing large quantities of heroin, cocaine and cannabis and conspiring with his elder brother, Simon McFadden, to sell them for a significant profit.

“The brothers acquired at least £600,000 in total from their criminal activities, which they used to fund increasingly extravagant lifestyles. Almost £160,000 in cash was also found in bags in Nicholas McFadden’s garage. However, the pair’s convictions today prove that corrupt police officers are not above the law they are expected to uphold and they, and their criminal acquaintances, will be brought to justice.”

Background

Nicholas McFadden was a detective constable within the Organised Crime Group of West Yorkshire Police.

Both Nicholas and Simon McFadden have been found guilty at Leeds Crown Court of theft and conspiracy to supply controlled drugs.

Simon McFadden was also found guilty of acquiring, using or possessing criminal property contrary to section 329 of the Proceeds of Crime Act 2002.

Nicholas McFadden previously pleaded guilty to acquiring, using or possessing criminal property contrary to section 329 of the Proceeds of Crime Act 2002 on 1 February 2013. Karen McFadden, married to Simon, pleaded guilty to the same charge on 16 November 2012.

All three will be sentenced on Thursday 4 April.

Philpotts and Mosley guilty of deaths of six children in a house fire

Michael and Mairead Philpott have been found guilty of manslaughter for causing the deaths of their six children in a house fire in Derby. Paul Mosley, a friend of the couple, has also been found guilty of the same offences. The case was described by CPS Crown Advocate Samantha Shallow as “a plan that went disastrously and tragically wrong”.

The Philpott children, Duwayne, Jade, John, Jack, Jesse and Jayden, all tragically died from the effects of the fire at their home in Victory Road, Derby on 11 May last year. Samantha Shallow, from the Crown Prosecution Service’s East Midlands Complex Casework Unit, worked closely with Derbyshire Police and officers from the East Midlands Special Operations Unit, providing legal advice to the investigation.

Ms Shallow said:

“Today’s verdict shows that the children died as a result of the actions of Michael and Mairead Philpott and Paul Mosley when they set the fire. It was started as a result of a plan between the three of them to turn family court proceedings in Mr Philpott’s favour. It was a plan that went disastrously and tragically wrong.

“This has been a challenging and harrowing case to prosecute. I am grateful that so many people from the local community came to court and gave evidence. This cannot have been easy and I would like to thank them for coming forward and enabling us to get to the truth.

“Amid all the details of the defendants’ personal lives that have come out in court, it should not be forgotten that at the heart of this case were the deaths of six innocent children.

“I extend the condolences of the whole prosecution team to the family and friends of the six children for their tragic loss.”