CPS News Brief

Couple found guilty of murdering four-year-old Daniel Pelka

A mother and her partner have today been found guilty of the murder of her four-year-old son, Daniel Pelka, who died on 3 March 2012 in Coventry.

Magdelena Luczak, aged 27, and Mariusz Krezolek, 33, were convicted after a trial at Birmingham Crown Court.

Lisa Windridge, Senior Crown Prosecutor from West Midlands Crown Prosecution Service’s Public Protection Unit, said:

“This has been an extremely harrowing case in which a young and defenceless child was starved and beaten to death by those who were supposed to have protected and cared for him.

“Daniel Pelka was a healthy four-year-old boy when he started at his school in September 2011, but by the time he died seven months later, he was a gaunt frightened little boy who had gone through immense suffering which was inflicted on him by his own mother and her partner.

“Not only did Magdelena Luczak fail to protect Daniel from Mariusz Krezolek, but she also played an active role in her son’s death. She knew exactly what Krezolek was doing to her son, but rather than seek help from her family or the authorities, she joined in with the abuse.

“Daniel would be locked in a box room with no bed and no toys, a room which he would also have to use as his toilet. Food was denied to him which resulted in him stealing food from other children in his class or scavenging food from the school dustbins. The abuse culminated when he suffered a blow to his head which ultimately led to his death, however, rather than seek medical assistance immediately, his mother and her partner waited 24 hours before they called the emergency services.

“Today, justice has finally been achieved for Daniel and I would like to take this opportunity of thanking all of the witnesses who have given their evidence in this tragic case.”

Three convicted of attacking retired Indian General in London

Mandeep Sandhu, Dilbag Singh and Harjit Kaur were today convicted at Southwark Crown Court for grievous bodily harm on retired Indian Army officer, Lieutenant General Kuldeep Singh Brar, aged 78. The attack took place whilst he was on holiday in London with his wife on 30 September 2012. Barjinder Sangha previously pleaded guilty to wounding with intent.

Mari Reid of the Crown Prosecution Service’s Counter Terrorism Division, said:

“This was a violent and life threatening attack carried out by Sikh extremists on the streets of London’s West End. Lieutenant General Brar sustained deep cuts to his face and neck in full view of his wife near their hotel on Old Quebec Street.

“Lieutenant General Brar was targeted in a highly planned and pre-meditated attack. Harjit Kaur was instrumental in carrying out reconnaissance of the area and followed the Brars around London. The couple was set upon in what was a swift, effective and terrifying ambush; Sandhu and Singh held Lieutenant General Brar down as Sangha slashed at his neck with a knife.

“The group clearly targeted Lieutenant General Brar in revenge for his actions during his military career and today’s convictions are another reminder that the UK will not tolerate extremism of any kind.”

Operation Elveden: Decision to take no further action in relation to three members of newspaper staff

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:

“On 5 April 2013, the CPS received a file as part of Operation Elveden, which is the Metropolitan Police's investigation into allegations involving the unlawful provision of information by public officials to journalists.

“The file concerned allegations of conspiracy to commit misconduct in public office against four members of newspaper staff.

“After carefully reviewing all the evidence provided it was determined that no further action should be taken in relation to three of the individuals. The fourth suspect remains on police bail.

“These 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. This guidance asks prosecutors to consider whether the public interest served by the conduct in question outweighs the overall criminality before bringing criminal proceedings.

“In relation to one of the individuals, the decision not to prosecute was taken on the basis that there was insufficient evidence for a realistic prospect of conviction. In relation to the other two, it was concluded that there was sufficient evidence for a realistic prospect of conviction, however, in accordance with the Code for Crown Prosecutors, it was determined that it would not be in the public interest to prosecute them.

“Due to ongoing proceedings in Operation Elveden it would be inappropriate to say any more at this stage.”

 

CPS statement on Court of Appeal assisted suicide judgment

Keir Starmer, QC, Director of Public Prosecutions, said:

“While I respect the carefully considered judgment of the Court of Appeal, I think it would be sensible for the CPS, if possible, to have the benefit of the views of the Supreme Court before any amendments are made to the DPP’s Guidelines in this important and sensitive area of the law.”

An application has been made by the CPS to the Court of Appeal for permission to appeal to the Supreme Court.

Denis MacShane to face false accounting charge in relation to parliamentary expenses claims

Malcolm McHaffie, Deputy Head of the CPS Special Crime Division, today announced that proceedings have been instituted against Denis MacShane, former Member of Parliament for Rotherham, and he is required to appear at Westminster Magistrates' Court on a date yet to be determined to face a single charge in relation to claims he made for parliamentary expenses.

Mr McHaffie said:

“Having thoroughly reviewed the evidence gathered by the police, I have decided there is sufficient evidence and it is in the public interest to bring a criminal charge against Denis MacShane. This charge relates to fraudulent claims with a total value of £12,900.

“The charge is of false accounting, contrary to the Theft Act 1968. It is alleged that Denis Macshane claimed expenses for research and translation services carried out by a company that did not carry out that work."

Mr McHaffie added:

“Denis MacShane 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 his trial.”

CPS decision on female genital mutilation case

A CPS spokesperson said:

“The CPS has been looking at eight cases of FGM, four of which are re-reviews of previous cases and four are new cases that have been referred to us for consideration and which we have been liaising with police on.

“We have now determined that no further action should be taken in relation to one of the new cases, in which it was alleged that the victim’s mother had arranged for her to undergo female genital mutilation in Kenya in 2006.

“The case was referred to the CPS in January 2013 and after very careful consideration of the case, we have concluded that there is insufficient evidence for a realistic prospect of conviction.

“This was a very sensitive case, in which the victim withdrew her allegation. We offered her specialist support and special measures but she was no longer willing to support a prosecution.

“Careful consideration was given as to whether a witness summons may have been appropriate in this instance and we took into account the information provided by the victim, police and social services in relation to the victim’s vulnerability.

“In light of the information provided, we concluded that it would not be appropriate to apply for a witness summons, as to do so could lead to a real risk of harm to the victim’s health.

“This was not a decision that was reached lightly, as the evidence of the victim was crucial to a prosecution. Without the victim we were unable to proceed and we have therefore advised the Metropolitan Police that no further action should be taken in this case.

“The CPS remains committed to tackling FGM, which is a key priority for the organisation. We are still considering seven other cases, all of which will be reviewed on their own facts and merits.

“We also continue to make wider progress on the DPP’s FGM action plan, published in November 2012, working closely with police and other agencies to ensure we take whatever steps possible to tackle the challenges of investigating and prosecuting cases of FGM. As part of this, last week, CPS London and the Metropolitan Police Service signed a protocol setting out best practice for police and prosecutors in cases involving FGM to ensure a thorough and consistent approach is taken to all investigations and prosecutions.”

Nicholas Jacobs charged with murder of PC Keith Blakelock

Nicholas Jacobs (DOB: 30/10/1968) has today been charged with the murder of PC Keith Blakelock on 6 October 1985.

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

“Following a thorough investigation by the Metropolitan Police Service, we have decided that Nicholas Jacobs should be charged with the murder of PC Keith Blakelock during the disorder at Broadwater Farm in October 1985.

“This decision was taken in accordance with the Code for Crown Prosecutors. We have concluded that there is sufficient evidence and it is in the public interest to prosecute.

“We have also concluded that no further action should be taken against five other individuals suspected of taking part in the death of PC Blakelock as there is insufficient evidence to warrant a prosecution.

“Nicholas Jacobs will appear at Westminster Magistrates’ Court tomorrow.”

“Nicholas Jacobs has been charged with a serious criminal offence and it is important that nothing is said or reported which could prejudice his right to a fair trial.”

Operation Fernbridge: Two men charged with sexual assault at London children’s home in 1980s

Kay Scudder, a prosecutor in the Rape and Serious Sexual Offences Unit of CPS London, said:

“Following an investigation by the Metropolitan Police Service into allegations of child sexual assault committed against seven residents of the Grafton Close Children’s Home in Hounslow, London, we have today authorised charges against two individuals; John Stingemore, aged 71, and Tony McSweeney, aged 66.

“John Stingemore, who was in a day-to-day management position at the children’s home, has been charged with eight counts of indecent assault, two counts of taking an indecent image of a child, and one count of conspiracy to commit buggery. The charges date between 1980 and 1981 and relate to six boys who were aged between 11 and 15 at the time of the alleged offending.

“Tony McSweeney, who was a trainee Catholic priest at the time, has been charged with three counts of indecent assault and one count of taking an indecent picture of a child. The charges dates between 1980 and 1981 and relate to two boys aged 11 and 15 at the time of the alleged offending.

“Tony McSweeney has also been charged with three counts of making an indecent image, contrary to the Protection of Children Act 1978, on or before 15 January 2013. He faces a further count contrary to the Criminal Justice Act 1988 for the alleged possession of 12 indecent images.

“The decision to prosecute has been taken in accordance with the Code for Crown Prosecutors, the CPS legal guidance on rape and sexual offences and the DPP’s interim guidelines on prosecuting cases of child sexual assault. We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest.

“John Stingemore and Tony Sweeney will appear before Westminster Magistrates’ Court on 4 September 2013.

“Criminal proceedings are now underway and these defendants have a right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial.”

Two men involved in Selfridges £1.5 million smash and grab raid jailed

Connor Groake and Sam Curtin pleaded guilty to conspiracy to rob and aggravated vehicle taking at Kingston Crown Court today. Curtin was sentenced to 10 years' imprisonment and Groake was sentenced to eight years' imprisonment.

Samantha Morris, CPS London reviewing lawyer, said:

“Sam Curtin and Connor Groake took part in a terrifying armed raid on Selfridges department store in Oxford Street on 6 June. They were part of a group who stole almost £1.5million worth of watches and jewellery. The group stormed the store and used axes and sledgehammers to break glass display cabinets and scoop out the high value items by the handful.

“The ferocity of the attack caused members of the public to fear for their lives with some even thinking it could be a terrorist attack.

“Following the raid the pair attempted to flee the scene on a moped but they crashed and were detained by members of the public until police arrived. They were found with a holdall containing 41 of the 142 stolen watches.

“CPS London is committed to tackling the menace of smash and grab raids to ensure that people can work and shop in the capital without fear of violence.”

Four sentenced over £5 million film industry tax fraud

Anish Anand, Amit Kumar, Sanjeev Mirajkar and Afsana Karim have today been sentenced at Croydon Crown Court for cheating the public revenue of more than £5m. Between 2007 and 2011, the group secured £4.6m by submitting fraudulent VAT returns and just over £400,000 through fraudulent applications for film industry tax relief.

Neena Jhawer, a specialist fraud lawyer at the Crown Prosecution Service, said:

“This sophisticated fraud involved an attack on two separate elements of the tax system, VAT and film tax relief. More than 20 film industry companies were used to facilitate both elements of the fraud, many which were set up solely for that purpose. Over a period of four years, the defendants went to extraordinary lengths to establish an apparently legitimate front to what they were doing: producing false invoices, scripts for films, shooting schedules, crew and cast lists, detailed budgets, contracts with writers and producers, and rented offices complete with letter heads and business cards.

“Like all fraud, however, this case boiled down to two very simple notions; greed and dishonesty.

“Had this fraud not been detected by HM Revenue and Customs, it would have cost them nearly £7m. This was clearly a very significant attack on the public purse and on a system designed to support and promote the UK film industry.

“The case demonstrates that even the most sophisticated frauds will not go undetected and complexity is no barrier to justice. The CPS is committed to supporting HMRC’s efforts to clampdown on those who cost the country billions in lost revenue.”

Mark Lancaster sentenced for voyeurism and trafficking offences in student scholarship scam

Mark Lancaster was sentenced to 16 months’ imprisonment at Southwark Crown Court today. He had previously pleaded guilty to one count of voyeurism and one count of trafficking within the UK for sexual exploitation.

Sarah Jennings, CPS London reviewing lawyer, said:

“Lancaster set up this elaborate scam with the sole purpose of sexually exploiting female students who found themselves in a vulnerable financial situation. This was a particularly nasty and degrading experience for the woman involved, which robbed her of valued privacy.

“He used a website in an attempt to lure women into meeting him with the promise of a scholarship to pay their education costs. As part of the fake scholarship process Lancaster met up with the victim in this case on the pretence of interviewing her for the scholarship. He then told her that she would need to have sex with him as part of the interview process and filmed her without her knowledge. This scholarship never existed and Lancaster preyed on the victim’s ambition to financially support herself through her studies.

“The overwhelming evidence in this case left Lancaster no choice but to plead guilty. CPS London is committed to tackling sexual exploitation, no matter how or where it is committed.”

Ashley Foster convicted of the manslaughter of church organist Alan Greaves

Senior Crown Prosecutor for CPS Yorkshire and Humberside, Gavin Hotchkiss, said:

“Alan Greaves was killed in a brutal, senseless and random attack which rocked the local community.

“The prosecution case has focused throughout on proving that both Jonathan Bowling and Ashley Foster caused the death of Mr Greaves. Bowling admitted his guilt when faced with the overwhelming evidence. Foster claimed that whilst he was there he played no part in the attack, however today a South Yorkshire jury has found him guilty of manslaughter.

“The prosecution case was that both Bowling and Foster took part in the attack and we placed together pieces of evidence that contradicted Foster’s account for the jury to consider.

“Whilst this case in itself has shocked many to the core, what stands in contrast is the absolute dignity and forgiveness demonstrated by Mrs Greaves during what must have been one of the most distressing times in her life.

“I extend my sympathies to the friends and family of Mr Greaves and hope that the convictions today will be of some small comfort to them.”

Carl Mills convicted of murder

Nicola Rees, Senior Crown Prosecutor for the Crown Prosecution Service Wales, said:

“Carl Mills was responsible for starting a devastating fire that had distressing and tragic consequences.

“He did so knowing full well who was in the house at the time – and the evidence of his jealous and controlling nature makes it all too clear what his intentions were.

“Once the fire had taken hold, neighbours and friends of Kim, Kayleigh and Kimberley Buckley did whatever they could to try and assist at the scene.

“In contrast, Mills himself displayed a callous, almost casual disregard for the wellbeing of those trapped inside the house. His suspicious behaviour at the scene led Gwent Police to quickly apprehend him and their subsequent thorough investigation meant that we were able to build a very strong prosecution case.

“Despite his unwillingness to take responsibility for his actions, today Mills has been made to face up to what he did. But whilst we may welcome today’s verdict, we have to acknowledge that it does not and cannot bring back Kim, Kayleigh or Kimberley. Nor does it take away the hurt and suffering of those close to them. Our thoughts are with them.”

Gross negligence manslaughter charge over balcony fall death of two-year-old

Mark Auty, Specialist Prosecutor in the Crown Prosecution Service Special Crime Division, said:

“I have carefully reviewed all evidence in relation to the death of a two-year-old girl in Sheffield who tragically fell from the fourth floor of an apartment block where she lived in June 2012.

“Ryaheen Banimuslem was playing with her older brother in a communal garden in the housing development, when she fell through an area of the fence surrounding the fourth floor, which was missing a glass panel.

“I am satisfied that there is sufficient evidence and it is in the public interest to charge Robert Warner, who was contracted to carry out maintenance work in the apartments, for gross negligence manslaughter.

“This decision was taken in accordance with the Code for Crown Prosecutors. “I extend my sympathies to the family of Ryaheen Banimuslem.

“Robert Warner has been summonsed to appear at Sheffield Magistrates Court on 13 August 2013. He now faces criminal charges and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial.”

Former teacher at St Ambrose College charged with 47 sexual offences against children

The Crown Prosecution Service has authorised Greater Manchester Police to charge Alan Morris, aged 63, with 47 sexual offences against pupils at St Ambrose College, Hale Barns, from the 1970s to 1990s. Alan Morris was a teacher at the school at the time.

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

"Following investigations by Greater Manchester Police into allegations that Alan Morris, a former teacher at St Ambrose School sexually assaulted pupils at the school between 1972 and 1991, I have reviewed all the evidence that they have gathered and have authorised the police to charge him with 41 offences of indecent assault on a male, one charge of outraging public decency and five charges of inciting gross indecency with a child. These charges relate to 29 former pupils of the school who were aged between 11 and 17 at the time.

"This decision is made in accordance with the Code for Crown Prosecutors and 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 it is very important that nothing is 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."

Alan Morris has been bailed to appear at City of Manchester Magistrates Court on 25 July.

Notes to editors:

The authorised charges are:

• 41 x indecent assault on a male - Section 15(1) Sexual Offences Act 1956
• 1 x outraging public decency – Common law
• 5 x inciting gross indecency with a child - Section 1(1) Indecency with Children Act 1960