CPS News Brief

Five sentenced for pioneering production of BMK

Five men have today been sentenced at Warrington Crown Court for setting up a laboratory used to produce a synthetic substance called BMK. This is the first time that this method of BMK manufacture has been detected in the UK or continental Europe. BMK is not a controlled drug but is used to make amphetamine.

Elizabeth Jenkins, senior lawyer for the CPS Organised Crime Division, said:

“These defendants were not run-of-the-mill drug dealers, this was pioneering work.

“The group’s leader, Jonathan Buckley, oversaw a sophisticated operation which involved flying two Chinese chemists into the UK to work on the production of BMK in Warrington. A significant sum of money had been invested in the enterprise.

“The intention was clear: to produce for themselves vast quantities of a substance called BMK, a central ingredient for dangerous and illegal amphetamines. They hoped that by bringing the production in-house and producing a synthetic substance which is not in itself illegal, they would escape detection and the eye of the law.

“This case sends a strong message to those who seek to make money from the misery of drugs with ever more sophisticated methods.”

Background:

Jonathan Buckley, Paul Preston, Jichang Zhang, Yougan Hu and Richard Pheby all admitted production of a Class B controlled drug (amphetamine) on January 22 2013. Pheby also admitted cannabis cultivation. They pleaded guilty on 22 January 2013.

Today Buckley was given a seven-year jail sentence, Preston was given a five-year jail sentence, while Zhang and Hu were given three-year jail terms. Pheby was sentenced to five years, with a further four months consecutive for cannabis cultivation.

Substances were sourced from abroad in order to make the BMK. The defendants rented a unit under a false name in Newton le Willows, near Warrington, where the laboratory was set up.

Operation Elveden: CPS charging decision

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions (DPP), oversees CPS decision making and all potential prosecutions in relation to the ongoing phone hacking investigations and other related matters. Ms Levitt said:

"This statement is made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Elveden, which is the Metropolitan Police Service investigation into allegations involving the unlawful provision of information by public officials to journalists.

"This announcement relates to a file of evidence received from the Metropolitan Police Service. The investigation in this case was overseen by the Independent Police Complaints Commission. A charging file in respect of this matter was received by the CPS on 1 March 2013.

"We have concluded, following a careful review of the evidence, that James Bowes, who is a former Police Sergeant with the Neighbourhood Policing team of Sussex Police, should be charged with an offence of misconduct in public office.

"It is alleged that in 2010 Mr Bowes provided information to The Sun newspaper in breach of the terms of his employment and was paid £500.

“The charge relates to allegations that Mr Bowes provided details to the newspaper about three high profile investigations being conducted by Sussex Police at the time.

"All of these matters were considered carefully in accordance with the DPP's guidelines on the public interest in cases affecting the media. These guidelines require prosecutors to consider whether the public interest served by the conduct in question outweighs the overall criminality before bringing criminal proceedings.

"Accordingly, we have authorised the institution of proceedings and Mr Bowes will appear before Westminster Magistrates' Court on 26 March 2013.

"May I remind all concerned that proceedings for a criminal offence involving Mr Bowes 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: Between 9 April and 20 July 2010, James Bowes, being a public officer, namely a police constable with Sussex Police, and acting as a such, without reasonable excuse or justification, wilfully misconducted himself to such a degree as to amount to an abuse of the public’s trust in that office.

Gross negligence manslaughter charge over death of six-year-old trapped in electric gate

Alison Norton, Specialist Prosecutor handling Special Crime in the Crown Prosecution Service, said:

“I have carefully considered all the available evidence in this tragic case, in which six-year-old Semelia Campbell died on 28 June 2010 after becoming caught in and crushed by an electric gate in the housing development where she lived.

“I have now concluded there is sufficient evidence and it is in the public interest to charge Kriston Kearns, director of the company that automated the gate, with gross negligence manslaughter.

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

“Kriston Kearns will appear at Manchester City Magistrates’ Court on 12 March 2013.

“I once again extend my deepest sympathies to the family of Semelia Campbell.”