CPS News Brief

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.

PCSO convicted of drug dealing and misconduct in public office

Mark Auty, specialist prosecutor in the CPS Special Crime Division, said:

“Oguz Batmaz was the prime mover in a drug dealing enterprise who routinely abused his position as a Police Community Support Officer to assist his criminal activities.

“Batmaz used his access to police computer systems to help his criminal associates, including Wayne Farrell, who had at the time absconded from prison, and Batmaz was fully aware of this, but declined to report it.

“He even provided his accomplices with intelligence held by the Metropolitan Police on the location of possible cannabis factories, so that they could then be targeted for burglary or robbery.

“As a result of video and audio surveillance evidence that clearly showed Batmaz and his accomplices were regularly involved in the supply of drugs, they now face punishment for their corrupt and criminal activity.”

Background:

• Oguz Batmaz pleaded guilty to conspiracy to commit misconduct in public office, conspiracy to steal and conspiracy to supply a controlled drug
• Lee Hession, Ayhun Mustafa and Wayne Farrell pleaded guilty to conspiracy to commit misconduct in public office
• Aaron Eastwood pleaded guilty to conspiracy to steal
• Emma Tooke pleaded guilty to harbouring a person unlawfully at large
• Kadir Ozresberoglu, Felipe de Freitas and Anthony Noble pleaded guilty to conspiracy to supply a controlled drug.

Stuart Hall faces sentencing for 14 indecent assaults

Stuart Hall will be sentenced on 17 June at Preston Crown Court after pleading guilty to 14 indecent assaults. Nazir Afzal, Chief Crown Prosecutor for CPS North West, said:

“We prosecuted Stuart Hall because the evidence of the victims clearly established a pattern of behaviour that was unlawful and for which no innocent explanation could be offered.

“His victims did not know each other and almost two decades separated the first and last assaults but almost all of the victims, including one who was only nine at the time of the assault, provided strikingly similar accounts. Whether in public or private, Hall would first approach under friendly pretences and then bide his time until the victim was isolated. He can only be described as an opportunistic predator.”

Hall admitted the 14 offences at a hearing on 16 April. Reporting restrictions were in place while the CPS considered whether a charge of rape should proceed to trial. Mr Afzal continued:

“We have this week met with the woman who alleged that she had been raped by Stuart Hall, a charge which he has denied. The welfare of complainants is a top priority for us and we always take their concerns into account. In light of the guilty pleas already entered, the complainant no longer wishes to give evidence on the allegation of rape, and we have concluded that it would not be in the public interest to take steps to make her give evidence in court. As such, we will not be proceeding with this charge.

“I would like to thank the victims for having had the bravery to come forward. This case clearly shows that the victims of abuse will not be denied justice by the passage of time and abusers will be held to account.”

William Roache charged with two rapes of a 15 year-old-girl

The Crown Prosecution Service has today authorised Lancashire Police to charge William Roache with two rapes allegedly committed against a 15-year-old girl in 1967.

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

“We have carefully considered all the evidence gathered by Lancashire Police in relation to William Roache following allegations of rape. We have been reviewing evidence and providing early investigative advice to Lancashire Police since 1 March 2013.

"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 two offences of rape relating to a girl, aged 15, in 1967. Mr Roache will appear at Preston Magistrates' Court on 14 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.”

CPS decision on the death of Flight Lieutenant Sean Cunningham

Alison Storey, Specialist Prosecutor for the CPS Special Crime and Counter Terrorism Division, said:

“After carefully reviewing all of the evidence I have concluded that no manslaughter charges should be brought in relation to the death of Flight Lieutenant Sean Cunningham, a Red Arrows pilot who tragically died after being ejected from his stationary aircraft on 8 November 2011.

“I have provided the police with on-going advice throughout their very thorough investigation into the circumstances surrounding the tragic death of Flt Lt Cunningham.

“I provided the police with advice on the circumstances surrounding the activation of the ejection seat. Following this advice, the police decided not to pursue further criminal investigation into this aspect of the incident.

“The police did conduct a full criminal investigation into the circumstances which lead to the failure of Flt Lt Cunningham’s parachute to open. A full file of evidence in relation to this was submitted by the police and reviewed by me. I considered charges against three individuals, and against the Ministry of Defence and Martin Baker Ltd, in relation to their involvement in either the manufacture or servicing of the relevant equipment.

“The offences I considered were gross negligence manslaughter and corporate manslaughter. Whilst there are some differences between these offences, they both require the prosecution to prove that the individual or organisation owed a duty of care to the deceased, that they breached this duty, that the breach caused the death of the person who died and that the breach was so gross as to amount to a criminal offence. To bring a prosecution there has to be sufficient evidence for a realistic prospect of proving all of these elements to the high criminal standard; beyond reasonable doubt.

“The evidence I considered was extensive and included results of testing of the equipment and expert reports. “I have concluded that there is insufficient evidence to establish that any individual or the Ministry of Defence breached their duty of care to Flt Lt Cunningham in relation to the servicing of the relevant equipment.

“I also concluded that there is insufficient evidence to provide a realistic prospect of conviction of Martin Baker Ltd in relation to the manufacture of the parachute.

“I have therefore concluded, in accordance with Code for Crown Prosecutors, that no charges should be brought in connection with the death of Flt Lt Cunningham. An investigation by the Health and Safety Executive continues.

“I extend my sympathies to the family and friends of Flt Lt Cunningham.”

Woman charged following Dagenham acid attack

Damaris Lakin, CPS London Senior Crown Prosecutor, said:

“I have authorised the Metropolitan Police to charge Mary Konye in relation to the throwing of sulphuric acid onto Naomi Oni on 30 December 2012 in Dagenham.

“I concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to charge Ms Konye with throwing or casting a corrosive fluid with intent to burn, maim, disfigure, disable or do grievous bodily harm.

“She will appear before Barkingside Magistrates Court on 1 May.

"Ms Konye 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 this trial."

Five to be prosecuted over tax relief fraud

Andrew Penhale, deputy head of fraud at the Crown Prosecution Service, said:

“Following an investigation by HM Revenue and Customs, we have authorised charges against five individuals in connection with a tax relief fraud that allegedly cost the public revenue in the region of £125 million.

“It is alleged that, between 1 January 2002 and 11 July 2011, a tax relief that allows investors in the British film industry to offset losses against other tax liabilities was abused and dishonestly marketed in order to cheat the public revenue. The evidence suggests that the value of allowable losses was falsified, that there was a conspiracy to defraud investors and that documents were falsified for accounting purposes.

“Keith Hayley, Robert Bevan, Charles Savill, Cyril Megret and Norman Leighton will each face three charges: conspiracy to cheat the public revenue, conspiracy to defraud and conspiracy to falsify documents. The charges are contrary to section 1(1) of the Criminal Law Act 1977, section 17 of the Theft Act 1968 and Common Law.

“This decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is a realistic prospect of conviction and that a prosecution is in the public interest.

“All five defendants have been summoned to appear before Birmingham Magistrates’ Court on 18 June 2013.

“Hayley, Bevan, Savill, Megret and Leighton 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."