CPS News Brief

'Most wanted' fugitive jailed for £11m tax fraud

Jonathan Nugent was identified by HM Revenue and Customs as a wanted tax fugitive who fled the country shortly before his trial in 2000 for what is commonly known as ‘MTIC’ or carousel fraud. Today, he has been jailed at Manchester Crown Court for four and a half years following a successful application from the CPS to have him extradited.

Andrew Penhale, Deputy Head of Fraud at the Crown Prosecution Service, said:

“John Nugent has been on the run for nearly 13 years but despite his best efforts he has not escaped justice.

“Shortly after Nugent landed in the Republic of Ireland, he was arrested as a result of a UK European Arrest Warrant obtained by the CPS. Nugent was then swiftly brought to court in the UK, where he admitted his offending when presented with the strength of the case against him.

“Nugent, and other organised crime gangs who defraud the British tax system, damage our society by reducing funds available for public spending; including millions of pounds which could have been used for schools, hospitals and other vital services. Working alongside HMRC, we will now make every effort to recover the proceeds of Nugent’s criminal conduct for the benefit of the public purse.”

CPS statement on the conviction of Mark Bridger

Ed Beltrami, Chief Crown Prosecutor for CPS Wales said:

“We welcome today’s verdict, which brings to a close a difficult and challenging prosecution.

“Ever since his first interview with police in October last year, Mark Bridger has relentlessly spun a web of lies and half-truths to try and distance himself from the truly horrific nature of the crime he perpetrated. He has refused to take responsibility for what he did to April and has stopped at nothing to try and cover his tracks.

“Despite his best efforts to evade justice, he has been brought to account by a highly professional investigation by Dyfed Powys Police, coupled with the diligence and hard work of the prosecution team. Working together, we have been able to comprehensively dismantle Bridger’s version of events and expose him as a violent, cold-hearted murderer and a calculated liar.

“I would like to record our thanks to everyone who supported the prosecution of this case. Everyone who has provided a statement to police or given evidence in court has played their part in today’s verdict.

“At the very heart of this case are April’s family, who have been through – and continue to go through – an ordeal of appalling magnitude. They have conducted themselves with a humbling dignity throughout. “We can only hope that today’s verdict will be of some help to them as they continue to try and come to terms with the loss of April.”

Michael Adebowale charged with murdering Drummer Lee Rigby

The Crown Prosecution Service has authorised the Metropolitan Police Service to charge Michael Adebowale with the murder of Drummer Lee Rigby on 22 May in Woolwich, London.

Sue Hemming, Head of the CPS Special Crime and Counter-Terrorism Division, said:

“Crown Prosecutors have been working with the investigators of Counter Terrorism Command since the killing of Drummer Lee Rigby on 22 May.

“Following the release of Michael Adebowale from hospital, we have authorised the police to charge him with the murder of Drummer Rigby. We have also authorised police to charge him with possession of a firearm, contrary to section 16A of the Firearms Act 1968. There is sufficient evidence to prosecute Michael Adebowale and it is in the public interest to do so. He will appear at Westminster Magistrates’ Court tomorrow, Thursday 30 May.

“This man is now charged with serious criminal offences and he has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial."

The CPS is continuing to advise police in relation to the other suspects arrested during their investigation into Drummer Rigby’s death.

Background

The charges are that Michael Adebowale:

1. On the 22 May 2013 within the jurisdiction of the Central Criminal Court murdered Drummer Lee Rigby. 

Contrary to Common Law.

2. On the 22 May 2013 within the jurisdiction of the Central Criminal Court had in his possession a firearm, namely a 9.4mm Dutch calibre KNIL Model 91 revolver, with intent by means thereof to cause persons to believe that unlawful violence would be used against him or her or another person.

Contrary to section 16A of the Firearms Act 1968.

 

Allan Turnbull jailed for three years for manslaughter of shipyard worker

Alison Norton, Specialist Prosecutor in the CPS Special Crime Division, said:

“This was a tragic case in which Kenneth Joyce, a shipyard worker, died when unstable steelwork knocked over the cherry picker he was riding in, throwing him some ten metres to the ground before further steelwork then fell on top of him.

“Work in the shipyard was clearly dangerous and carried serious risks, but the real tragedy in this case is that had a safe system of work been put in place to appropriately manage these risks, Kenneth Joyce’s death could have been avoided.

“As his employer, Allan Turnbull failed to ensure Kenneth Joyce’s safety at work, as did North Eastern Maritime Offshore Cluster Limited and one of its directors, Christopher Taylor. These failures had terrible consequences and I hope today’s sentences provide some comfort to the family of Kenneth Joyce, to whom I extend my deepest sympathies.”

Background

Allan Turnbull was sentenced to three years’ imprisonment for gross negligence manslaughter, contrary to common law. He pleaded guilty to one count of failure to discharge a duty under section 2(1) of the Health and Safety at Work Act 1974 and one count of failure to discharge a duty under section 3(1) of the Health and Safety at Work Act 1974 at the start of the trial on 22 April 2013. No separate penalty was given for these offences.

Christopher Taylor, one of two directors of NEMOC, was convicted of one count of consenting to, or conniving at, the failure to discharge a duty under section 2(1) of the Health and Safety at Work Act 1974 and one count of consenting to, or conniving at, the failure to discharge a duty under section 3(1) of the Health and Safety at Work Act 1974. Taylor was fined £30,000 in total and ordered to pay £50,000 in costs.

North Eastern Maritime Offshore Cluster Limited (NEMOC) was found guilty of failing to discharge a duty under section 2(1) and section 3(1) of the Health and Safety at Work Act 1974. Because the company is now in liquidation it was fined £1 for each of these offences.

Neville Neville charged with sexual assault

The Crown Prosecution Service has authorised Greater Manchester Police to charge Neville Neville, aged 63, from Bury, Greater Manchester with sexual assault.

Nazir Afzal, Chief Crown Prosecutor for CPS North West, said:

“Greater Manchester Police has investigated an allegation of sexual assault by Neville Neville in March 2013. I have reviewed all the evidence that they have gathered and have authorised the police to charge him with one count of sexual assault by penetration against a 46-year-old woman. He has been bailed to appear at Bury and Rochdale Magistrates’ Court on 12 June 2013.

“This decision is made in accordance with the Code for Crown Prosecutors. I have concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to prosecute this case.

“With criminal proceedings now underway, I would like to stress the importance of nothing being placed in the public domain that could prejudice a future trial. For these reasons, we will not be commenting further about the case at this time."

Gross negligence manslaughter charge over death of cricket ground worker

Zoe Martin, Specialist Prosecutor in the CPS Special Crime Division, said:

“I have carefully considered all the available evidence in relation to the tragic death of Philip Carsley, who died on 8 February 2010 when a concrete wall fell on him during the construction of two new spectator stands at the Rose Bowl, now the Ageas Bowl, Cricket Ground in Hampshire.

“I have now concluded there is sufficient evidence and it is in the public interest to charge Ian Gould, director of Prefix Limited, the company contracted to install concrete units in the ground, with gross negligence manslaughter and two offences contrary to section 33 of the Health and Safety at Work Act.

“I have also concluded that there is sufficient evidence and it is in the public interest to charge Andrew Scott Limited, the company project-managing the construction of the spectator stands, with two offences contrary to section 33 of the Health and Safety at Work Act.

“These decisions were taken in accordance with the Code for Crown Prosecutors. “Ian Gould and Andrew Scott Limited have now been summonsed to appear at West Hampshire Magistrates’ Court on 3 July 2013.

“I extend my sympathies to the family of Philip Carsley.”

LulzSec computer hackers jailed for a total of 7 years

Ryan Cleary, Mustafa Al-Bassam, Jake Davis and Ryan Ackroyd were sentenced today at Southwark Crown Court for offences under the Computer Misuse Act 1990.

Andrew Hadik, CPS London reviewing lawyer, said:

“The actions of these LulzSec hackers were cowardly and vindictive. The harm they caused was foreseeable, extensive and intended. Indeed, they boasted of how clever they were with a complete disregard for the impact their actions had on real people’s lives.

“Whilst aggressively protecting their own privacy and identities, they set out to hack and publish hundreds of thousands of innocent individuals’ private details. Companies also suffered serious financial and reputational damage. A senior executive of one American company lost his job and had to move his young family because of death threats.

“Coordinating and carrying out these attacks from the safety of their own bedrooms may have made the group feel detached from the consequences of their actions.

“But to say it was all a bit of fun in no way reflects the reality of their actions. They were in fact committing serious criminal offences for which they have been successfully prosecuted. This case should serve as a warning to other cyber-criminals that they are not invincible.”

Sentences:

Ryan Cleary – 32 months

Jake Davis – 24 months

Ryan Ackroyd – 30 months

Mustafa Al-Bassam – 20 months, suspended for 2 years. 200 hours of unpaid work.

Decision on file of evidence arising from Operation Weeting

Gregor McGill, a senior lawyer with the Crown Prosecution Service, whose team handles CPS decision making and potential prosecutions in relation to the on-going phone hacking investigations and other related matters, said:

"This statement is made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Weeting.

"This announcement relates to a file of evidence from the Metropolitan Police Service that was initially received by the CPS on 28 August 2012. We have since been liaising with the police regarding further lines of enquiry, which resulted in the submission of further material, most recently on 28 March 2013.

“This file was submitted to the CPS for a charging decision in relation to two individuals regarding allegations of money laundering.

“In relation to the first suspect, the CPS has decided that there is insufficient evidence to provide a realistic prospect of conviction in relation to two allegations; further, where this stage has been passed in relation to three other allegations, a prosecution is not required in the public interest.

“Regarding the second suspect, there is insufficient evidence to provide a realistic prospect of conviction in relation to one allegation and where this stage has been passed in relation to one other allegation, a prosecution is not required in the public interest.

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

“Both suspects have now been informed that no further action will be taken in relation to these allegations.

“Due to on-going, related, 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."

Statement on Oxford grooming case

Baljit Ubhey, Chief Crown Prosecutor for CPS Thames & Chiltern said: 

"The abuse these girls were subjected to was truly appalling. No-one, let alone a child, should ever be exploited as these young victims were. To all who bravely came forward to provide evidence for the prosecution, I say a heart-felt thank you. You have enabled your abusers to face trial and be brought to justice.

"The men who have been convicted have still failed to accept any responsibility for their crimes. They are nothing less than vicious sexual predators. The jury saw through their fabrications and they must now face the consequences of their actions. And I thank the jury too for their careful attention and deliberation in this case.

"The Crown Prosecution Service has made tackling child sexual abuse a national priority. And the Director of Public Prosecutions has recently announced a radical programme of work in this area to ensure that police and prosecutors deliver justice for more victims than ever before.

"In this case we worked closely with Thames Valley Police from early in the investigation to help build the strongest possible prosecution case. Their investigators and Crown Prosecution Service lawyers and caseworkers have worked tirelessly to bring this difficult prosecution to court.

"These cases are, in effect, organised crime and we approached it in the same way we would approach any organised crime case by making connections and building an understanding of perpetrator networks.

"So, to any other groups out there abusing victims in this way, I say this: you are on notice. We are becoming increasingly adept at securing convictions and delivering justice for victims.

"I urge any victims of sexual offences to come forward and report their abuse. We will support you in giving evidence so that your attackers can be brought to justice and others like you can be saved from the horrific ordeal of abuse.

"I very much hope the verdicts provide some comfort for the victims of this case and for their families, and help them to move on and rebuild their lives."

 

Operation Elveden: Clodagh Hartley, Jonathan Hall and Marta Bukarewicz are charged

Gregor McGill, a senior lawyer with the Crown Prosecution Service, whose team handles CPS decision making and potential prosecutions in relation to the on-going phone hacking investigations and other related matters, 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 from the Metropolitan Police Service that was received by the CPS on 14 March 2013.

“We have concluded, following a careful review of the evidence, that Clodagh Hartley, a journalist at the Sun newspaper, Jonathan Hall, employed as a Press Officer at Her Majesty’s Revenue and Customs (HMRC) and Marta Bukarewicz, partner of Mr Hall and not a public official, should be charged with conspiracy to commit misconduct in public office.

“It is alleged that between 30 March 2008 and 15 July 2011 The Sun newspaper paid £17,475 to Jonathan Hall, mostly via Marta Bukarewicz, in exchange for the unauthorised disclosure of information obtained as a result of his employment with HMRC.

"The information provided included details about government plans, including upcoming but as yet unannounced spending and policy decisions relating to the 2010 Budget and the coalition government’s deficit reduction plans. Information also related specifically to policy and decision-making within HMRC, including that relating to job losses and casework.

"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 all three individuals will appear before Westminster Magistrates' Court on 29 May 2013.

"May I remind all concerned that proceedings for a criminal offence involving these three 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:

Between 30 March 2008 and 15 July 2011, Jonathan Hall, Marta Bukarewicz and Clodagh Hartley conspired together to commit misconduct in a public office.

CPS statement on former police officer charged with misconduct in public office

Zoe Martin, specialist prosecutor in the CPS Special Crime Division, said:

“Rebecca Swanston, a former police officer with Hampshire Constabulary, today appeared at Basingstoke Magistrates’ Court charged with three counts of misconduct in a public office.

“It is alleged that Rebecca Swanston wilfully misconducted herself by accessing and disclosing confidential police information and by failing to report information disclosed to her relating to potential criminal activity.

“Having carefully considered all the available evidence, I have concluded that is there sufficient evidence and that it is in the public interest to charge Rebecca Swanston with three counts of misconduct in public office. This decision was taken in accordance with the Code for Crown Prosecutors.

“The case has been sent to Winchester Crown Court for a preliminary hearing on 4 June.”

Stuart Hazell convicted of murder

Alison Saunders, Chief Crown Prosecutor for London, said:

“This was an appalling and unthinkable crime, made worse by Hazell’s efforts to hide Tia’s body and disrupt the police investigation. As an adult and trusted family member, he had responsibility for ensuring Tia’s safety. Instead, he abused and murdered her.

“As the details of this case unfolded in the trial, it became increasingly clear that Hazell had little choice but to plead guilty. This was a strong case, jointly prepared by the CPS and the police, and I would like to pay tribute to the prosecution and police teams.

“We recognise that this is an extremely distressing time for the family and I would like to pay tribute to them for their strength and fortitude throughout this case. I hope that this prosecution provides some small measure of comfort for them at this time.”

Two teenagers sentenced for killing of Paula Castle

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

“Paula Castle, an 85 year old woman, was on her way home from the shops in Greenford where she lived when she was attacked and robbed of her handbag. Mrs Castle had a heart condition and was partially sighted. Her robbers targeted her as she was vulnerable and, tragically, she later died from the injuries she sustained during the attack.

“The court today ruled that the two defendants responsible for her death Jiervon Bartlett and Nayed Hoque should be named, despite their ages, because of the nature of their offences.

“Far from showing remorse for their actions, Bartlett and Hoque went on a shopping spree, using Mrs Castle’s bank card to top-up a mobile phone and order takeaway food. They then committed a further robbery the next day, targeting another vulnerable victim. “The CPS worked very closely with our police partners to put a strong case before the court and as a result these individuals are today starting prison sentences for their callous crimes.

“This is a difficult time for Mrs Castle’s family and for the second victim and I hope this successful prosecution provides some small measure of comfort.”

 

Background

Jiervon Bartlett, 15, and Nayed Hoque, 15, were sentenced to six years for the manslaughter of Paula Castle. They were sentenced to four years for the robbery of Mrs Castle and sentenced to three years for the robbery of the second victim.

These sentences will run concurrently.

Bartlett pleaded guilty to manslaughter and two counts of robbery on 8 March, Hoque pleaded guilty to the same counts on April 10 at the Central Criminal Court.

Melanie Smith jailed for starting fire that killed five

Karen Dixon, District Crown Prosecutor for CPS Wales, said:

“Melanie Smith has today been sentenced for starting a devastating fire that had an immensely distressing outcome. She did so knowing that a family with children lived in the flat upstairs and with no regard for the consequences.

“At no stage has she has chosen to take any responsibility for the five lives tragically lost as a result of her actions. Today’s sentencing has at least ensured that she has had to face up to that responsibility in a criminal court.

“Melanie Smith’s conviction and sentence is a direct result of swift and decisive investigative work from North Wales Police and specialist fire investigators and I would like to thank them for their professionalism. I would also like to thank the very many people who have supported the prosecution of this case, either through providing statements or information to the police, or by giving evidence directly in court.

“Whilst today marks the end of the criminal justice process we are acutely aware that, for the family and friends of those lost, their sense of suffering and loss remains. They continue to have to deal with the consequences of Melanie Smith’s actions and our thoughts are with them.”

Operation Sacha: CPS decides David Johnson will face prosecution

Gregor McGill, a senior lawyer with the Crown Prosecution Service, whose team handles CPS decision making and potential prosecutions in relation to the ongoing phone hacking investigations and other related matters, said:

"This statement is made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Sacha, which is the Metropolitan Police Service investigation into allegations of perverting the course of justice relating to Operation Weeting and Operation Elveden.

"This announcement relates to a file of evidence from the Metropolitan Police Service that was received by the CPS on 8 March 2013.

"Following a careful review of the evidence, we have concluded that David Johnson, a security professional who was employed to provide a protection service to Rebekah Brooks, should be charged with an offence of conspiracy to pervert the course of public justice.

"It is alleged that between the 15 and 19 July 2011 Mr Johnson conspired to pervert the course of justice by concealing computers and other items from the Metropolitan Police Service during its investigation into allegations of phone hacking and the corruption of public officials by journalists. It is alleged that he conspired with the six defendants already charged in relation to this aspect of Operation Sacha.

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

"Accordingly, we have authorised the institution of proceedings and Mr Johnson will appear before Westminster Magistrates' Court on 8 May 2013.

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

David Johnson, on a day between 15 July 2011 and 19 July 2011 conspired together with Rebekah Brooks, Charles Brooks, Mark Hanna, Lee Sandell, Daryl Jorsling and Paul Edwards, and with persons unknown, to do an act or a series of acts, which had a tendency to pervert the course of public justice, namely to conceal computers and other items from officers of the Metropolitan Police Service who were investigating allegations of phone hacking and corruption of public officials in relation to the News of the World and The Sun newspapers.