CPS News Brief

Anthony Still convicted of blackmailing businessman

Anthony Still has been convicted at Chelmsford Crown Court of blackmailing a businessman who paid him £600,000 to stop him revealing details about a secret affair. The businessman, known in court as “Barnaby”, decided he could no longer go on paying and went to the police last year. Still was jailed for 11 years.

Chris McCann, head of the CPS East of England Complex Casework Unit said:

"Blackmail is a despicable crime as it preys on people's fears of having something made public that they want to keep secret. Paying a blackmailer is no guarantee the demands will stop - if anything the demands increase and the victim faces both the fear of exposure and keeping up the payments, as occurred in this case when £628,000 was paid .

"The only way to stop a blackmailer is to go to the police and I would like to reassure victims that if they do, we will do everything in our power to protect their identity from becoming public. It is not our role to do the blackmailer's job for them so that the victim is exposed through the court system.

"In this case we sought and were granted a lifelong anonymity order; the victim was known in court by the pseudonym of "Barnaby" and gave evidence from behind screens so they could not be seen. This is something we would do for any blackmail victim and was not just for this case.

"Victim and witness care is at the heart of what we do and this case demonstrates that blackmail victims can come forward and see justice done without fearing their identities will be revealed."

Esso and Austin & Mclean Ltd plead guilty to Health and Safety offences in relation to worker’s death

Gaon Hart, Senior Crown Advocate for the CPS Special Crime and Counter Terrorism Division said:

“Juan Quintanilla Romero died tragically and unnecessarily on 30 August 2008 when a fuel pipe collapsed on him as he worked on a fuel tanker docked at Fawley Refinery, Southampton.”

“Today Esso Petroleum Company Limited pleaded guilty at Winchester Crown Court to one count relating to the maintenance of the crane, under s.33 of the Health and Safety at Work etc Act.

“This offence properly reflects the criminality involved and provides the court with suitable sentencing powers. The prosecution has therefore accepted this plea. One other health and safety offence in relation to Esso Petroleum Company Limited will lie on file, while the prosecution will offer no evidence with regard to three others.

“Austin & Mclean Limited, the company responsible for the maintenance of the steel cranes, known as jibs, that carried the fuel pipes, pleaded guilty to a health and safety offence in relation to Mr Romero’s death on 6 June at Winchester Crown Court. This offence, under section 3 of the Health and Safety at Work etc Act, was for failing to ensure that non-employees such as Mr Romero, who was a seaman working on board a docked ship, were not exposed to risk at the marine terminal. Another charge of failing to ensure the health, safety and welfare of employees will lie on file.

“I hope these convictions remind other companies and individuals who own and control the maintenance of cranes that the public rely heavily on their expertise to keep them safe from harm and that the CPS will diligently prosecute those who fail to meet this responsibility.

“I offer my sincerest condolences to the family of Mr Romero.

“Both companies will be sentenced later this year.”

Father and Son Haulage Firm Owners Sentenced for Manslaughter of driver

A father and son have today been sentenced to 11 years in prison at St. Albans Crown Court after being found guilty of the manslaughter - on the basis of gross negligence - of Stephen Kenyon, a driver employed at their haulage firm.

Adrian John and Adrian Paul McMurray were convicted on 10 May 2013 for the manslaughter of Stephen Kenyon, who died in a motorway collision while on duty as a lorry driver for the McMurrays’ firm, A.J. Haulage, in February 2010. The court heard that Mr. Kenyon was almost certainly asleep at the time of the collision having been required to drive for longer than the legally permitted number of hours in the 24 hours leading up to the incident.

The McMurrays also pleaded guilty to a number of revenue offences, having failed to pay tax on income totalling more than £5million, and were sentenced to an additional (insert sentence) for these offences.

Andrew Biker, a specialist lawyer for the Crown Prosecution Service, said:

"Adrian John and Adrian Paul McMurray failed abjectly in their duty of care to their employees, and it was this gross negligence that resulted in the tragic death of one of their haulage drivers, Stephen Kenyon.

“Through the utterly reckless management of their haulage firm the McMurrays showed consistent disregard for the health and safety of their employees and the wider public.

“This negligent approach to the running of their business was further demonstrated when they failed to pay tax on more than £5 million worth of income over a four year period. Everything about this case indicates that the McMurrays prioritised making personal profits for themselves over the safety of their drivers or other road users.

“I extend my condolences to the family of Mr. Kenyon."

Seven men jailed over Oxford child sexual exploitation case

Seven men have today been jailed for a total of 95 years following an investigation into child sexual exploitation in Oxford.

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

“The abuse these girls were subjected to was truly appalling. Today’s sentences reflect the seriousness of the offences, and the young age and vulnerability of the victims when the offences were committed.

“I would like to thank the victims for having the courage to support the prosecution and give evidence in this case. Their bravery has ensured that seven sexual predators, who sought opportunities to target, and sexually abuse and exploit vulnerable young girls, have been brought to justice.

“The victims in this case were targeted because of their vulnerability and then cynically exploited. They were given drink and drugs; they were shown attention to make them feel special, all of which was insincere and designed solely to make them feel indebted to their abusers; they were then coerced into sexual acts by emotional pressure, intimidation, threats and violence. As a result, these girls were left in absolutely no position to give true and free consent to those sexual acts.

“This is an important point for other victims out there, who may think that they won’t be believed because they too seemingly ‘agreed’ to sexual activity. The background and context of such sexual activity is of crucial importance and victims who are forced to succumb to it by the use of such tactics do not, in the eyes of the law, consent to it. Their freedom to make a choice has been cruelly taken away from them.

“The Crown Prosecution Service has made tackling child sexual abuse a national priority. Only two weeks ago (11 June) the Director of Public Prosecutions issued new interim guidelines on prosecuting cases of child sexual abuse, which are subject to a three month public consultation.

“This case shows our approach is working, and I urge any victims of sexual offences to come forward and report their abuse to the appropriate authorities. We and the police will listen and support you.

“In today’s case, I very much hope that today’s sentences provide some comfort to the victims and their families.”

Sentences

• Kamar Jamil: Life imprisonment with minimum term of 12 years
• Akhtar Dogar: Life imprisonment with minimum term of 17 years
• Anjum Dogar: Life imprisonment with minimum term of 17 years
• Assad Hussain: Seven years’ imprisonment
• Mohammed Karrar: Life imprisonment with minimum term of 20 years
• Bassam Karrar: Life imprisonment with minimum term of 15 years
• Zeeshan Ahmed: Seven years’ imprisonment

Operation Elveden: Two Sun journalists and former Broadmoor healthcare assistant to be charged

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 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 two files of evidence from the Metropolitan Police Service received by the CPS on 5 April and 24 May 2013.

“Following a careful review of the evidence, we have concluded that Jamie Pyatt, a journalist at The Sun newspaper, John Edwards, Pictures Editor at The Sun newspaper, and Robert Neave, a former healthcare assistant at Broadmoor Hospital, should each be charged with one count of conspiring together, and with persons unknown, to commit misconduct in a public office.

“In relation to the specific allegations in this case, it is alleged that over a period of almost nine years The Sun newspaper made payments totalling more than £30,000 to public officials including police officers, army personnel and Broadmoor officials, including Robert Neave, in exchange for information.

“It is alleged that the information for which The Sun made payments included that relating to the health and activities of Broadmoor patients, details about the work of a member of the Royal family and details of ongoing police investigations.

“All of these matters were considered carefully in accordance with the Code for Crown Prosecutors and the DPP's guidelines on the public interest in cases affecting the media. These guidelines 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 against Jamie Pyatt, John Edwards and Robert Neave and all three individuals will appear before Westminster Magistrates' Court on 18 July 2013.

"May I remind all concerned that proceedings for criminal offences 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 22 March 2002 and 12 January 2011, JAMIE PYATT, JOHN EDWARDS and ROBERT NEAVE conspired together and with public officials unknown, namely public officials employed at Broadmoor secure hospital, employees of the Thames Valley and Surrey Police forces, and officials in the British Army, to commit misconduct in a public office.

Jeremy Forrest convicted of child abduction

A Sussex schoolteacher who fled to France with one of his pupils has been found guilty of abducting a child.

Jeremy Forrest was convicted at Lewes Crown Court today after he took the girl to France. They were eventually found in Bordeaux a week after their disappearance.

Deputy Chief Crown Prosecutor for CPS South East, Portia Ragnauth, said:

“This case was one where a teacher was in a position of authority over a 15 year old pupil and abducted her, taking her to another country. Not only did he breach the trust and confidence that all the parents at that school had placed in him, he also brought disgrace to his profession, who are trusted to look after the children in their care.

“Forrest lied systematically about his relationship with the girl, repeatedly seeking to assure others, who were concerned about the welfare of his victim that nothing untoward was going on between them.

“Nothing detracts from the fact that this was an abduction. The law clearly states that it is an offence to remove a child from the care of their parents or lawful guardian without the adult’s consent. Add to that the torment and anguish that the victim’s family went through while they were gone.

“None of us can begin to imagine how worried they were about her safety and wellbeing while she was gone for over a week, not knowing where she was or whether she was safe. It’s a parent’s worst nightmare to have their child abducted and to not know whether they will ever see them again.

“Because Forrest abducted his victim to another country, this has been a complex case to bring to trial, which has been achieved by diligent work by our Complex Casework Unit and Sussex Police, along with assistance from our colleagues in France and the French courts.”

Man to be charged with gross negligence manslaughter over deaths at ‘The Old Maltings’ building site

Gaon Hart, a Senior Crown Advocate in the Special Crime Division for the CPS, said:

“The CPS carefully reviewed all of the evidence gathered by Suffolk Police during their investigation into the tragic deaths of Matthew Skeet, 19, and Kevin Ruffles, 57, on 21 October 2010.

“Matthew and Kevin died whilst working on a building site at ‘The Old Maltings’ in Worlingworth Suffolk, when a wall collapsed on top of them.

“It was concluded that there is sufficient evidence to charge Barry Potts, a Structural Engineer who was advising Matthew and Kevin on their work, with gross negligence manslaughter under the common law and with a health and safety offence.

“It is alleged that Mr Potts gave Matthew Skeet and Kevin Ruffles permission to dig a trench under part of the wall, which weakened the foundations and led the wall to collapse.

“The CPS has also concluded that there is sufficient evidence to charge Elliston Steady & Hawes (Building) Limited, the company who owned the site, ‘The Old Maltings’ in Worlingworth Suffolk, with Health and Safety offences.

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

“I extend my sincere sympathies to the families of Mr Skeet and Mr Ruffles.”

Mr Potts and Elliston Steady & Hawes (Building) have been summonsed to appear before Ipswich Magistrates Court on 5 July 2013.

 

Background

Actual offences:

• MANSLAUGHTER contrary to Common Law - Barry Potts, between the 1st day of October 2010 and the 21st day of October 2010 unlawfully killed Matthew Skeet by gross negligence.

• MANSLAUGHTER contrary to Common Law - Barry Potts, between the 1st day of October 2010 and the 21st day of October 2010 unlawfully killed Kevin Ruffles by gross negligence.

• Barry Potts - Section 7 of the Health and Safety at Work etc. Act 1974 – failure to ensure health and safety of others who may be affected by his acts or omissions contrary to Section 33(1) (a) Health and Safety at Work Act 1974.

• Elliston Steady & Hawes (Building) Limited - Section 2(1) of the Health and Safety at Work etc. Act 1974 contrary to Section 33 (1) (a) of the Health and Safety At Work etc. Act 1974.

• Elliston Steady & Hawes (Building) Limited - Section 3(1) of the Health and Safety at Work etc. Act 1974 - contrary to Section 33 (1) (a) of the Health and Safety At Work etc. Act 1974.

Former Exeter City Council housing officer charged over alleged payments

Colin Gibbs, senior lawyer in Special Crime Division for the Crown Prosecution Service, said:

“Having carefully considered all the available evidence I have decided there is sufficient evidence and it is in the public interest to charge Anthony Bodgin, for allegedly making and receiving unauthorised payments of over £700,000 whilst an employee of Exeter City Council.

“Mr Bodgin faces nine charges, including two counts of theft, four counts of conspiracy to commit misconduct in public office, two counts of misconduct in public office and one count of fraud in relation to the alleged payments made between October 2005 and January 2011.

“Four other individuals, not employed by Exeter City Council, have also been charged in connection with the allegations.

“Kevin Wingrave has been charged with four counts of conspiracy to commit misconduct in public office.

“Les McGirl, Lyn McMayon and Garry Rawlings have each been charged with one count of conspiracy to commit misconduct in public office.

“These decisions were taken in accordance with the Code for Crown Prosecutors and all five will appear before Exeter Magistrates Court on 2 July 2013.”

Michael Chudley jailed for murder of solicitor

Rachael Marshall, Senior Crown Prosecutor for the Crown Prosecution Service, Wessex, said:

“This was a calmly premeditated attack and Michael Chudley was fully responsible for his actions at the time he shot James Ward.

“Michael Chudley – without any just reason - held Mr Ward personally responsible for unrelated civil proceedings which had been unsuccessful and so entered Mr Ward’s office armed with a sawn-off shotgun and fired it at close range. Mr Ward tragically died of his injuries three weeks later.

“We would like to thank all those who have supported the prosecution of this case, especially Mr Ward’s wife and his receptionist who had to relive the terrifying moments in court when giving evidence.

“We hope that this sentence will bring some comfort to Mr Ward’s wife, children, family and friends and our thoughts are with them at this time.”

Operation Elveden: Sun journalist Nick Parker and prison officer Lee Brockhouse to be 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 6 June 2013.

“Following a careful review of the evidence, we have concluded that Nick Parker, a journalist at The Sun newspaper, should be charged with three counts of conspiracy to commit misconduct in a public office.

“We have also concluded that Lee Brockhouse, a prison officer at HMP Swaleside, should be charged with one count of misconduct in a public office and one count of conspiracy to commit misconduct in public office.

“It is alleged that on two occasions The Sun newspaper paid money to a public official in exchange for the unauthorised disclosure of information to Nick Parker relating to well-known individuals.

“It is also alleged that between 23 April 2007 and 27 October 2009, The Sun newspaper paid £1750 to prison officer Lee Brockhouse for the unauthorised disclosure of information to Nick Parker.

“Additionally, it is alleged that Lee Brockhouse provided similar information to the People newspaper, for which he was paid £900.

“It is alleged that information provided by Lee Brockhouse included that relating to the movement of prisoners, prison procedures and methods used by prisoners to smuggle items into prison.

“The CPS has also determined, having carefully reviewed all the evidence in a file relating to these allegations and concerning one journalist, received from the Metropolitan Police on 22 May 2013, that no further action should be taken in relation to allegations of conspiracy to commit misconduct in a public office against this suspect.

“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.

“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 against Nick Parker and Lee Brockhouse and both individuals will appear before Westminster Magistrates' Court on 18 July 2013.

"May I remind all concerned that proceedings for criminal offences 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 charges are as follows:

• NICK PARKER, between 26 March and 3 April 2009, conspired together with a public official, namely a police officer, to commit misconduct in a public office

        Contrary to section 1(1) Criminal Law Act 1977

• NICK PARKER, between 2 and 7 December 2009, conspired together with a public official, namely a police officer, to commit misconduct in a public office

        Contrary to section 1(1) Criminal Law Act 1977

• Between 23 April 2007 and 27 October 2009, NICK PARKER and LEE BROCKHOUSE conspired together to commit misconduct in a public office

        Contrary to section 1(1) Criminal Law Act 1977

• Between 1 February 2009 and 3 June 2011, LEE BROCKHOUSE, whilst acting as a public officer, namely a prison officer at Her Majesty’s Prison, Swaleside, wilfully and without reasonable excuse or justification misconducted himself

        Contrary to common law.

 

Five men and one woman charged with child sexual exploitation offences

The Crown Prosecution Service in Yorkshire and Humberside has authorised South Yorkshire Police (on 4 June 2013) to charge five men and one woman with offences relating to child sexual exploitation.

Helen Gaunt, Senior Crown Prosecutor from the CPS Complex Casework Unit, said:

“I have authorised South Yorkshire Police to charge Lee Unwin, John McLachlan, Kareem Ahmed, Bashdar Hamadamin and a fifth man with various sexual offences. Lee Unwin will face one count of intentionally obtaining the sexual services of a child, John MacLachlan two counts. Kareen Ahmed will face one count of arranging or facilitating travel for the commission of a sexual offence, Bashdar Hamadamin will face one count of rape and a fifth man will face three counts of sexual assault.

“I have also authorised police to charge Amanda Spencer with 41 offences relating to the sexual exploitation of nine girls and young women aged between 12 and 20. The 41 offences date between 2006 and 2010 and include arranging or facilitating a child sexual offence, inciting or causing a child to become a prostitute, inciting or causing an adult to become a prostitute, and arranging or facilitating the prostitution of a child.

“These decisions were taken in accordance with the Code for Crown Prosecutors and the CPS Interim Guidelines on Prosecuting Cases of Child Sexual Abuse. We have determined that there is sufficient evidence for a realistic prospect of conviction and that these charges are in the public interest.

“All will appear before Sheffield Magistrates’ Court on 18 June 2013.

“Lee Unwin, John McLachlan, Kareem Ahmed, Bashdar Hamdamin, a fifth man and Amanda Spencer have now been 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.”

Conviction of Dale Cregan and others

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

“The Crown Prosecution Service and Greater Manchester Police have been determined to bring to justice all those involved in the four murders and the attempted murders in this case.

“The murders of all four victims, Mark Short, David Short and Police constables Fiona Bone and Nicola Hughes, were nothing short of executions - planned, premeditated and cold-blooded. The blatant use of firearms and grenades put members of the public at risk of significant harm and caused fear amongst local communities.

“This has been a hugely challenging case both in its scale and complexity. Through painstaking analysis of a huge amount of evidence the CPS, prosecuting counsel and police have left no stone unturned to piece together the events and to prove who was responsible. The timescale within which a case of this size, involving so many defendants and so many murders, was brought to trial was exceptional and that was down to the dedication and commitment of everyone in the investigation and prosecution teams.

“I would like to take this opportunity to thank all the witnesses from the local area who spoke to police, gave a statement or had the courage to give evidence at court. Their support and assistance has been vital to securing these convictions.

“Above all our thoughts remain with the families and loved ones of the victims at this extremely difficult time.”

Constance Briscoe charged with intending to pervert the course of justice

Deborah Walsh, a senior lawyer at the Crown Prosecution Service, said:

“We have today authorised the Kent and Essex Police Serious Crime Directorate to charge Constance Briscoe with two counts of intending to pervert the course of public justice.

“The first allegation is that, between 16 May 2011 and 6 October 2012, Constance Briscoe provided Essex Police with two statements which were inaccurate. The second allegation, dated 6 October 2012, is that Constance Briscoe produced a copy of a witness statement that had been altered and that she maintained was the correct version.

“This decision was taken in accordance with the Code for Crown Prosecutors. We have determined that there is sufficient evidence for a realistic prospect of conviction and that these charges are in the public interest.

“Constance Briscoe will appear at Westminster Magistrates’ Court on 24 June 2013.

“Constance Briscoe is now charged with criminal offences and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial.”

The full charges are as follows:

Charge 1

Between 16 May 2011 and 6 October 2012 you with intent to pervert the course of public justice, did a series of acts which had a tendency to pervert the course of public justice, in that you provided the police with two statements which were inaccurate.

Contrary to Common Law

Charge 2

On 6 October 2012 you with intent to pervert the course of public justice, did an act which had a tendency to pervert the course of public justice, in that you produced a copy of your witness statement that had been altered and maintained that it was the correct version of that statement.

Contrary to Common Law

Update on Operation Alice

The CPS is not in a position to consider if criminal charges should be brought in relation to Operation Alice as the Metropolitan police investigation is very much ongoing. This is a complex investigation and extensive enquiries have already been undertaken and we continue to work very closely with the police.

We have been informed by the police that it is likely to be up to three weeks before further witness statements, and other evidence, is made available to us. Only when all the relevant evidence is passed to us will we be able to consider if charges should be brought.

William Roache charged with five indecent assaults

The Crown Prosecution Service has today authorised Lancashire Police to charge William Roache with five indecent assaults against four girls aged between 11 or 12 and 16. Three of the offences allegedly took place in 1965 and two in 1968. He has been bailed to appear before Preston Magistrates’ Court on 7 June 2013.

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

“We have carefully considered all the evidence gathered by Lancashire Police in relation to recent allegations from four complainants that William Roache indecently assaulted them in the 1960s. Having completed our review, we have concluded that there is sufficient evidence and it is in the public interest for Mr Roache to be charged with five offences of indecent assault relating to four girls who were aged between 11 or 12 and 16 at the time that the alleged offences happened. We have been reviewing evidence and providing early investigative advice to Lancashire Police regarding these allegations, which were made to police after Mr Roache was charged with two offences of rape on 1 May 2013.

“This decision was taken in accordance with the Code for Crown Prosecutors and our guidance for prosecutors on sexual offences. Mr Roache has a right to a fair trial and it is therefore 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 charges are:

• Two indecent assaults in relation to a 14-year-old girl in 1965
• One indecent assault in relation to a 16-year-old girl in 1965
• One indecent assault in relation to a girl aged 13 or 14 in 1968
• One indecent assault in relation to a girl aged 11 or 12 in 1968