CPS News Brief

Dentist jailed for £50,000 NHS fraud

Dental surgeon Jochemus Venter has today (Friday 20 December) been jailed for 18 months at Cardiff Crown Court for submitting fraudulent claims to NHS Dental Services for the provision of dental treatments totalling £47,947.

Dr Venter submitted the false claims during a period from April 2006 to July 2010, while working at a dental practice in Llandrindod Wells, Wales. He pleaded guilty on 7 October 2013 to eight counts of false accounting, contrary to section 17 (1) (a) of the Theft Act 1968.

Claire Busby, a specialist fraud lawyer from the Crown Prosecution Service, said:

“Dr. Venter abused his position as a National Health Service contractor to defraud the taxpayer out of a substantial sum of money over many years. This was direct theft from an important public health service.

“He regularly and systematically made false claims for the provision of NHS dental treatment and has admitted to a total of 155 fraudulent claims, covering instances where either no treatment at all was provided, or substantially less was provided than was claimed for.

“He made feeble attempts to justify his behaviour by stating that he believed he was not adequately paid by the NHS but this simply demonstrated his greed and self-interest.

“Those who commit fraud, in whatever walk of life, should know they risk prosecution in a criminal court.”

Georgia Williams murderer jailed for life

Jamie Reynolds has today been sentenced to life imprisonment at Stafford Crown Court after he had pleaded guilty at an earlier hearing to the murder of Telford teenager, Georgia Williams.

The 17-year-old victim went missing from her home on 26 May 2013 and following a search by police, her body was found in woodland near Wrexham five days later.

The 22-year-old defendant, who lived with his family a few hundred yards from where Georgia lived with her family, had lured the victim to his home on a fabricated modelling job because he had told her he wanted to pursue a career in photography.

Once she was at his home, he then proceeded to kill her and sexually assault her.

Reynolds then used his step-father’s van and plotted a course north to dispose the body. His plan was to get rid of the victim’s body, return home and claim that he did not know what had happened to Georgia. He transported the body nearly 50 miles from the scene of the crime and he then dumped her body in a wooded area.

On 28 May 2013 the victim was reported missing by her family and the police investigation began. The defendant, who after disposing the body had driven to Scotland in his step-father’s van, was arrested early the next morning in Glasgow.

As a result of an appeal on the BBC’s Crimewatch programme, Georgia’s body was found on 31 May 2013 in woodland in North Wales.

The defendant was brought back to West Mercia where he was charged with the murder of Georgia Williams.

Martha Secker, Senior Crown Prosecutor from West Midlands Crown Prosecution Service, said:

“Jamie Reynolds is a very dangerous sexual predator who targeted a young victim for his own gratification.

“He knew Georgia and he lured her to his home under the false pretext of carrying out a photo shoot for a media project which he claimed he was working on. She went with the kindest and best of motives. She did not know she was going to meet a man who not only had a fascination and obsession with violent sexual pornography, but who intended to kill her.

“She did not return home that night. Reynolds had discovered weeks before what the code was to her phone and accessed it that night to send text messages to her parents which led them to believe she was alive and with friends. In fact by that time she was dead and he had sexually abused her dead body and taken photographs of it.

“The consequence of his obsession ultimately left him with no choice but to plead guilty to his heinous crime.

“He is a dangerous man obsessed by sexual sadism.

“We hope that today’s sentence and the knowledge that criminal proceedings have ended will bring some relief to Georgia’s family. The pain and grief they have endured and will endure is unimaginable. Our thoughts are with them.”

Men guilty of murdering Fusilier Lee Rigby

Michael Adebolajo and Michael Adebowale were today convicted at the Old Bailey for the murder of Fusilier Lee Rigby, which occurred on Wednesday 22 May 2013 in Artillery Place, Greenwich, London. They had previously pleaded guilty to one count each of possession of a firearm with intent to cause fear or violence.

Sue Hemming, Head of Special Crime and Counter Terrorism at the Crown Prosecution Service, said:

“The murder of Fusilier Rigby was brutal and its perpetrators carried out one of the most savage offences ever prosecuted by our counter terrorism lawyers.

“As a soldier, this young father had dedicated his life to keeping people safe, including from the threat of terrorism. That dedication to his country cost him his life and was in stark contrast to the appalling conduct and extremist views of the men who murdered him.

“The Crown Prosecution Service will be asking the court to find that this murder was motivated by terrorism when the defendants come to be sentenced, so that all options under counter terrorism legislation are available to the judge.

“The police firearms officers showed tremendous courage and professionalism in putting a stop to further atrocities that day. On the surface, this case was evidentially straightforward. But beyond the footage that was beamed across screens at the time of the murder, the CPS has fought hard to ensure that the defence arguments in respect of that charge were dismissed.

“I would like to pay tribute to and thank my team and the police for their dedication and hard work in bringing these men to justice.

“We recognise that this trial has been exceptionally difficult for Lee Rigby’s family but I hope they can take some limited comfort from the justice achieved today and the fact that both defendants now face a very long stay in prison.”

Robert Ekaireb convicted for the murder of his missing wife

Robert Ekaireb was convicted today at the Central Criminal Court for the murder of his pregnant wife, Li Hua Cao, who went missing in October 2006.

Baljit Ubhey, CPS London Chief Crown Prosecutor, said:

“After seven years of deception and denial Robert Ekaireb has now been brought to justice for the murder of Li Hua Cao.

“Ekaireb wove a web of lies in order to deflect suspicion away from him and he has continued to deny any involvement in Li Hua’s murder.

“I hope that this conviction today can provide some small comfort to Li Hua’s family and allow them a degree of closure to this lengthy and distressing ordeal.

“Li Hua was pregnant when she disappeared on 23 October 2006 and she has not been seen or heard from since. There are significant challenges with cases where the prosecution must prove murder in the absence of a victim’s body, but following extensive proof of life enquires – which included work in Ireland, China, Japan and Europe - no evidence was found to indicate that she was alive after that date. With the results of these enquiries, we argued in court that all the evidence pointed towards the fact that Li Hua had been murdered by her husband.

“We are grateful to the members of the victim’s family who travelled from China to support this prosecution and give evidence. Without the evidence of all the witnesses in this case Ekaireb would not have been brought to justice.

“Ekaireb has now been convicted and he will finally have to face the consequences of his actions.”

Two men jailed for cyber attack threats

Two men who attempted to blackmail a multi-mullion pound online company based in Manchester have today been sentenced at Manchester Crown Court.

Piotr Smirnow and Patryk Surmacki both pleaded guilty to two counts of blackmail and one count of conspiracy to access, use and impair computers without authorisation and were sentenced to five years and four months imprisonment.

On 23 July 2013, the men contacted the owner of a Manchester-based online gambling company to arrange a meeting with him. At the meeting, they demanded a 50 per cent share of the business and threatened to carry out a Distributed Denial of Service (DDOS) attack on the company if he did not comply. A DDOS attack is a method of overloading web servers, which prevents users from accessing them and deprives commercial targets of revenue. He reported this blatant attempt at extortion to the police.

On 2 August 2013, the company suffered a DDOS attack which prevented customers from accessing the site for five hours and cost the company approximately £32,000.

When a second victim, the CEO of an internet software platform which hosts a number of online companies, became involved in an attempt to mediate between the two parties, the men threatened to attack further online businesses on his platform if they did not comply with their demands.

On 7 August, the pair set up a meeting with the second victim at Heathrow Airport, where they were arrested by Greater Manchester Police.

Ben Southam, Senior Crown Prosecutor for CPS North West Complex Casework Unit, said:

“These defendants sought to use their expertise and in depth knowledge of online business to gain control over their victims’ companies.

“They thought that by threatening to carry out an online attack, the damage of which could cost millions of pounds and jeopardise a large number of jobs, they could force the victims into giving into their demands.

“The victims showed enormous bravery in reporting the blackmail to the police and thankfully the pair were stopped in their tracks before they could do any lasting damage.

“We have worked hard alongside the police to present strong cases against them and they were left with no option but to enter guilty pleas. This case demonstrates the close partnership between the CPS, police and other agencies when it comes to tackling cyber crime.”

Sentencing of Ian Watkins and others

Suzanne Thomas, Senior Crown Prosecutor, CPS Wales, said:

“These three defendants conspired to commit appalling crimes of abuse against young and defenceless victims.

“The prosecution case was that Ian Watkins was the ringleader of this terrible conspiracy and it is right that his sentence reflects this. He is a highly dangerous and manipulative individual who preyed on his victims in a calculated manner. The other two defendants were active participants in the most shocking abuse of their own children. They too have received sentences that reflect their admissions of guilt for these offences.

“It is incomprehensible that adults would commit such appalling acts against children and young people and our thoughts remain with the victims and those close to them. They are the ones who now have to deal with the longer term effects of what has happened and we hope they are able to receive the care and support they need to move forward with their lives. They should be free to do this without any additional concerns about the protection of their identity and I hope that their legal rights will be respected in that regard.”

Mother and son to be charged with conspiracy to commit misconduct in public office

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said:

“The CPS has today authorised the Metropolitan Police to charge Thomas Ridgeway and to summons his mother Sandra Ridgeway with two counts of conspiracy to commit misconduct in public office.

“Both individuals will appear before Westminster Magistrates’ Court on 13 January 2014.

“May I remind all concerned that criminal proceedings against Thomas and Sandra Ridgeway will now be commenced and that both have a right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

 

The full charges are as follows:

(1) Thomas RIDGEWAY and Sandra RIDGEWAY, between the 6^th November 2004 and the 30^th December 2004, conspired together to commit Misconduct in Public Office,

Contrary to section 1(1) Criminal Law Act 1977.

(2) Thomas RIDGEWAY and Sandra RIDGEWAY, between the 20^th July 2009 and the 31^st July 2009, conspired together to commit Misconduct in Public Office,

Contrary to section 1(1) Criminal Law Act 1977.

Former headteacher of Caldicott School convicted of child sexual abuse

Former headteacher, Roland Peter Wright, has today been convicted of 12 counts of indecent assault involving 5 victims over a period of 11 years. This follows earlier convictions for fellow former teachers John Addrison, Edward Carson and Hugh Henry.

Ruth Bowskill, Temporary Chief Crown Prosecutor for Thames and Chiltern Crown Prosecution Service (CPS) said:

“This case marks the end of a series of prosecutions of four teaching staff involved in the serious sexual abuse of a number of children at Caldicott school in Buckinghamshire committed over a period of a decade. The position of trust held by these men, the young age of the victims and their vulnerability at the time of the abuse greatly increases the seriousness of these already grave offences.

“Roland Peter Wright was a particularly trusted member of staff at Caldicott school and became the head teacher. Not only did he breach the trust of the pupils at the school, their parents and the staff, Wright also abused his position of authority in order to gain access to his victims. It is only due to the great courage and persistence of the victims and those affected by the abuse that the despicable behaviour of these teachers at the school has been exposed. Roland Peter Wright has never shown any contrition for his behaviour or apologised for his conduct; at all times he has sought to evade responsibility for what he did. I would like to pay tribute to the victims and witnesses in this case for their strength and tenacity in coming forward and giving evidence on matters which must have been extremely distressing still years after the events took place.

“Today’s convictions serve as an important message to people who have been the victim of crimes such as these that they should come forward regardless of when the offence occurred because time is not a barrier to justice. The CPS will work closely with partners, as we did with Thames Valley Police in this investigation, to ensure that robust criminal cases are put before the courts.

"The emotional impact on Wright’s victims and those of the other teachers is impossible to quantify. I hope that the convictions give some small comfort to the victims involved. Our thoughts are very much with them all at this time."

CPS authorises charges in Twitter-related cases

Baljit Ubhey, Chief Crown Prosecutor for CPS London, said:

“Following early consultation with the police, the CPS has been asked to make a charging decision in respect of five suspects whom it is alleged sent offensive tweets to Stella Creasy MP and journalist and campaigner Caroline Criado-Perez.

“We reviewed these cases in accordance with the Code for Crown Prosecutors and guidelines issued by the Director of Public Prosecutions on prosecuting cases involving communications sent via social media.

“After careful consideration of all the available evidence, the CPS has today authorised the Metropolitan Police to charge two suspects in relation to messages allegedly sent to Caroline Criado-Perez.

“Isabella Sorley, 23, from Newcastle and John Nimmo, 25, from South Shields have both been charged with improper use of a communications network under Section 127 of the Communications Act.

“We have also determined there is insufficient evidence to support a prosecution in respect of one suspect, whom it was alleged also sent offensive messages to Ms Criado-Perez, and have advised the police that no further action should be taken as the high threshold for prosecution has not been met.

“In respect of one other suspect, who allegedly sent offensive messages to Stella Creasy MP, we determined that although there was sufficient evidence that an offence had been committed under Section 127 of the Communications Act, it would not be in the public interest to prosecute, having applied the Director’s guidelines and having particular regard to the young age and personal circumstances of the suspect.

“In relation to the fifth suspect, we have asked the police carry out further investigation before a charging decision can be made.

“We have written to both Ms Creasy and Ms Criado-Perez to inform them of these decisions.

“Isabella Sorley and John Nimmo will now appear at Westminster Magistrates’ Court on 7 January 2014.

“May I remind all concerned that criminal proceedings against both defendants will now be commenced and that both have a right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

Alan Watts guilty of manslaughter

Ruth Bowskill, Temporary Chief Crown Prosecutor for Thames and Chiltern Crown Prosecution Service (CPS) said:

“This case shows how a moment of madness can change people’s lives forever and represents a tragedy for the family of Brian Holmes. The victim was attacked in a show of extraordinary violence in a car park after a petty argument with Alan Watts. Not long before this fateful day, Mr Holmes had been given the all clear from cancer. His family and friends have been devastated by his death.

“Although Alan Watts admitted punching Mr Holmes, he claimed that Mr Holmes was the aggressor and that he punched him once in self defence. Mr Holmes was in fact trying to defend himself from Mr Watts’s violent outburst and the jury found Mr Watts guilty of manslaughter despite his denials.

“I would like to pay tribute to Mr Holmes’s family for their wholehearted support of this investigation and prosecution and the dignity they have displayed while hearing the details of how he died.

“We have worked closely with Bedfordshire Police since this investigation was launched and as a result of the hard work and diligence of the prosecution team, a just outcome has been achieved.

“Nothing will bring Mr Holmes back to his family and friends, but we hope that today’s conviction and sentence brings them at least a small sense that justice has been done. Our thoughts are very much with them at this time.”

Tulisa Contostavlos and Michael Coombs charged with drugs offences

Baljit Ubhey, CPS London Chief Crown Prosecutor, said:

“The Crown Prosecution Service has today authorised the Metropolitan Police Service to charge Tulisa Contostavlos, 25, with being concerned in the supply of Class A drugs and Michael Coombs, 35, with the supply of Class A drugs.

“These charges relate to an investigation by The Sun newspaper between early March 2013 and 23 May 2013 which resulted in the supply of Class A drugs to an investigative journalist.

"This decision to prosecute 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 a prosecution is in the public interest.

"Ms Contostavlos and Mr Coombs will appear before Westminster Magistrates' Court on 19 December 2013.

"This defendants 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."

‘Muslim Patrol’ Trio Sentenced

Three members of an East London gang who called themselves ‘The Muslim Patrol’ have been sentenced today at the Old Bailey.

Jordan Horner pleaded guilty to two counts of actual bodily harm and two counts of threatening behaviour at a hearing in October. He and a second man, who cannot be named for legal reasons, also pleaded guilty to two offences under section 4 of the Public Order Act. A third man, Ricardo Macfarlane, pleaded guilty to one count of affray at a hearing on 21 November.

The charges related to several incidents in the East London area during December 2012 and January 2013 in which the defendants threatened members of the public.

Baljit Ubhey, Chief Crown Prosecutor for London, said:

“These men routinely threatened and intimidated innocent members of the public whom they perceived to be behaving in an ‘un-Islamic’ manner. They would roam the streets, seeking out victims whom they could target, and chanting threats to ‘kill the non-believers’.

“On the nights in question they confronted and aggressively intimidated a couple who were holding hands in the street, a group of friends who were drinking alcohol, and a girl whom they deemed to be dressed provocatively. The third of these incidents was filmed by the gang and posted on YouTube, causing considerable extra distress to the victim.

“The behaviour of these victims, unlike that of the defendants, was entirely normal and utterly inoffensive to civilised society. The bullying behaviour of this group will not be tolerated in our city.”

SENTENCES

Ricardo Macfarlane:12 months' imprisonment

Jordan Horner:68 weeks' imprisonment

Unnamed Male:24 weeks' imprisonment

Serial sex offender convicted in ground-breaking ‘double jeopardy’ case

A man who attacked six women in one night has been convicted of a series of violent sexual crimes. These included a rape in 2011 of which he had been acquitted by a jury but for which he was tried for a second time under the ‘double jeopardy’ law.

In a landmark move, the CPS sought permission from the Court of Appeal to re-try Harbinder Khatkar for the 2011 offences on the basis that his subsequent crimes were so similar that they amounted to new and compelling evidence of his guilt.

Khatkar was this week convicted of attacking six women in Derby in one night in February 2013 - he first physically assaulted two women, then attacked and raped a third, then targeted three more women in their homes.

The earlier, strikingly similar crime, committed in December 2011, had all the hallmarks of Khatkar’s later offences. In that case he had forced his way into the woman’s home, threatened her and raped her repeatedly. He had been acquitted of this attack and was then released from custody. Less than six weeks later, he attacked his new victims. The Crown Prosecution Service applied to the Court of Appeal to have the earlier acquittal quashed and for that offence to be retried together with the new offences.

Steve Chappell, Chief Crown Prosecutor for CPS East Midlands, said:

“Harbinder Khatkar’s actions on that night were terrifying for his victims. His relentless targeting of different victims shows that he is a danger to women.

“The way he went about attacking these women was so similar to the allegations he had previously faced, we asked the Court of Appeal to consider whether he should be retried for his original offences, on the basis that his subsequent offending provided new and compelling evidence and it was in the interests of justice for the case to be retried by a jury. The Court of Appeal allowed our application and he has now faced justice for all the offences he committed. The new evidence which formed the basis for our application to quash the acquittal was unrelated to the original offence, but showed a very similar pattern of behaviour.

“It was a terrifying experience for all Harbinder Khatkar’s victims and they have shown great courage in coming to court to give evidence about what happened to them. I would like to thank them all for what they have done to ensure this dangerous individual is taken off the streets.”

Harbinder Khatkar was found guilty of 18 serious offences including rape, sexual assault, assault by beating and trespass with intent to commit a sexual offence at Derby Crown Court on 4 December 2013. He was today (6 December) sentenced to life imprisonment with a minimum term of 14 years and 65 days.

Background information

Harbinder Khatkar’s is the thirteenth case in which the CPS has applied to quash an acquittal under the Criminal Justice Act 2003 since the legislation came into force in April 2005.

Man sentenced for racist abuse on tube train

Keith Hurdle, 52, was sentenced to 12 weeks’ imprisonment today (Friday 6 December) at Westminster Magistrates’ Court for racially abusing two passengers on a Bakerloo line London Underground train on 18 September 2013.

Baljit Ubhey, CPS London Chief Crown Prosecutor and national hate crime champion, said:

“These two passengers were going about their daily lives when they were racially abused by Keith Hurdle on a London Underground train.

“They suffered a vicious verbal assault based solely on their ethnicity and the male victim was threatened with violence.

“Footage of this racial abuse was posted on the internet and members of the public have expressed their outrage towards Hurdle’s actions.

“I hope that this prosecution will serve as a warning that such behaviour will not be tolerated in our city.

“Those who live and visit London should be able to use the transport networks without the fear of such abhorrent abuse.

“CPS London is committed to working with its police partners to tackle this type of behaviour.”

Background

Keith Hurdle pleaded guilty on 15 November at Westminster Magistrates’ Court to:

- one count of racially aggravated fear of violence contrary to section 4 of Public Order Act

- one count of racially aggravated use of threatening, abusive or insulting words or behaviour with intent to cause harassment, alarm or distress contrary to section 4A of the Public Order Act.

Lee Cyrus convicted for a series of sexual offences in Hampstead Heath

Lee Cyrus, previously known as Ivan Leach, was convicted today at Southwark Crown Court for 11 offences including exposure, robbery, aggravated burglary and wounding with intent. He will be sentenced on 13 December.

Baljit Ubhey, CPS London Chief Crown Prosecutor, said:

“Cyrus conducted a terrifying campaign of increasingly violent crimes in the Hampstead Heath area between 24 October and 2 December 2012.

“He targeted lone and vulnerable women and was often armed with a knife. His actions began as incidents of indecent exposure and progressed to brutal attacks on elderly women in their own homes.

"Lee Cyrus is a violent sex offender and his conviction today means that the public are now protected from his predatory impulses.

“I would like to thank all of the victims and witnesses who gave evidence in court, including one elderly victim who gave evidence via video link from America.

“Cyrus refused to admit any involvement in these crimes and the prosecution team and police pieced together a huge quantity of crucial evidence in order to present the strongest case possible to the court. This has ultimately led to his conviction and he has now been brought to justice for these crimes.”

Background

In 2012 Cyrus was a serving prisoner at an open prison, HMP North Sea Camp, in Lincolnshire. He committed two offences in Lincolnshire while still a serving prisoner on day release before absconding on 9 October, sparking a three-month nationwide manhunt.

Timeline and details of offences

In Boston Cemetery, Lincolnshire:

Indecent exposure on 8 September

Indecent exposure on 15 September

In the Hampstead Heath area:

Indecent exposure on 24 October

Affray on 28 October

Indecent exposure on 28 October

Unlawful wounding on 2 November

Aggravated burglary on 19 November

Wounding with Intent on 20 November

Robbery on 30 November

Burglary on 1 December

Indecent exposure on 2 December

For info: Cyrus was acquitted of one further count of indecent exposure on 28 October.