CPS News Brief

London woman sentenced for bigamy and inheritance tax fraud

A London woman has today (Friday 12 July) been sentenced to 18 months suspended for two years and 180 hours unpaid work for bigamy and false accounting.

Ayse Akgun was convicted at the end of May after it was found that she was not legally married to Qatari businessman Mousa Hamoud Ali Al-Saif at the time of his death and that her claims to inheritance tax exemption on his £2.6m estate were falsified.

Akgun married a man called Ozan Mustafa in 2000, and later married Al-Saif whom she met whilst working as a croupier at a London casino. At the time of her second marriage, in 2006, she was still married to Ozan Mustafa. Upon Al-Saif’s death in 2009 Akgun assumed inheritance rights to his £2.6m estate, took up occupation of his two London properties, and immediately submitted a claim for spousal exemption from inheritance tax.

A Jersey-based trust subsequently challenged her claim to Al-Saif’s estate and in the course of the civil hearing, details of Akgun’s bigamy and the Inheritance Tax fraud emerged. Akgun was subsequently arrested and criminal proceedings commenced against her in March 2012. She was convicted on 31st May, following a trial at Isleworth Crown Court.

Deputy Head of Fraud at the Crown Prosecution Service, Andrew Penhale, said:

“Ayse Akgun’s actions were a cynical attempt to manipulate the laws of marriage and inheritance for her own financial benefit. She sought to inherit an estate to which she was not entitled and to make even greater gain by dishonestly seeking an inheritance tax exemption on that estate. Cases of bigamy are unusual and all the more so with the added element of inheritance tax fraud.

“This conviction demonstrates that we are making significant strides in our efforts to clamp down on all forms of tax fraud in partnership with HMRC.”

Dave McLuckie jailed for perverting course of justice

Dave McLuckie, the former chairman of Cleveland Police Authority, has been jailed today after being found guilty at Newcastle Crown Court of perverting the course of justice.

Mr McLuckie, 52, was found guilty at trial of asking a family friend to accept three speeding points to avoid a driving ban. He was today sentenced to eight months imprisonment for his actions.

Gerry Sydenham, Head of the Crown Court Unit at CPS North East, said:

“Mr McLuckie convinced Maurice Ward to accept speeding points on his behalf, in an attempt to avoid a driving ban that could have damaged his career.

“Mr Ward became increasingly troubled by his part in this and, while suffering from a fatal illness, he wrote a note to his family to clear his conscience.

“That short note prompted the criminal prosecution that led to McLuckie’s sentence today and I would hope that today’s result gives some measure of closure to Mr Ward’s family.”

Operation Elveden: Prison officer, three journalists and member of the public 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 three files of evidence from the Metropolitan Police Service.

Scott Chapman, Lynn Gaffney, Lucy Panton and Thomas Savage

This file was received by the CPS on 14 June 2013. It is alleged that between March 2010 and June 2011 Scott Chapman, a prison officer at HMP Woodhill, sold information to the News of the World, The Sun, The Daily Mirror, The Sunday Mirror, The People, The Daily Star and Daily Star Sunday. The information largely related to a high profile prisoner and it is alleged that the payments were received via a conduit, Mr Chapman’s ex-partner, Lynn Gaffney.

Mr Chapman and Ms Gaffney are alleged to have received:

- 13 payments totalling £9,300 from News International in respect of 11 articles published in the News of the World and The Sun newspapers;

- 13 payments totalling £12,800 from Express Newspapers in respect of 23 articles published in the The Daily Star and Daily Star Sunday;

- £13,050 in payments from The Trinity Mirror newspaper group in respect of 14 articles published in the The Daily Mirror, The Sunday Mirror and The People.

Following a careful review of the evidence, we have concluded that Scott Chapman and Lynn Gaffney should be charged with four counts of conspiracy to commit misconduct in public office. We have also concluded that Lucy Panton, former Crime Editor at the News of the World, and Thomas Savage, Deputy News Editor at Daily Star Sunday, should be charged with one count each of conspiring to commit misconduct in public office. The CPS has also determined, having carefully reviewed all the evidence, that no further action will be taken in relation to one journalist from the Mirror Group as we have determined that there is insufficient evidence for a realistic prospect of conviction in relation to this matter. Due to ongoing proceedings it would be inappropriate to say any more at this stage.

Chris Pharo

This file was received by the CPS on 24 May 2013. It is alleged that between January 2006 and December 2010 Chris Pharo, who was News Editor and later Head of News at The Sun newspaper at the material time, gave authorisation for payments to public officials employed at Broadmoor secure hospital and at the Thames Valley, Surrey and Metropolitan police forces, as well as officers in the British Army and prison officials. Following a careful review of the evidence, we have concluded that Chris Pharo should be charged with one count of conspiracy to commit misconduct in public office.

No further action

On April 16 2013, the CPS received a file relating to allegations of conspiracy to commit misconduct in public office against one journalist and three public officials. After carefully reviewing the file it was determined that there was insufficient evidence for a realistic prospect of conviction and that no further action should be taken in relation to these allegations.

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

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. 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 Scott Chapman, Lynn Gaffney, Lucy Panton, Thomas Savage and Chris Pharo and all individuals will appear before Westminster Magistrates’ Court on 18 July 2013.

May I remind all concerned that proceedings for criminal offences involving these five 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 charges are as follows:

SCOTT CHAPMAN, LYNN GAFFNEY, LUCY PANTON AND THOMAS SAVAGE

1. Scott Chapman and Lynn Gaffney, between 22.3.10 and 9.4.11, conspired together and with journalists at The Sun to commit misconduct in public office. Contrary to section 1(1) Criminal Law Act 1977

2. Scott Chapman and Lynn Gaffney, between 26.6.10 and 20.6.11, conspired together and with persons unknown at Trinity Mirror Group, to commit misconduct in public office. Contrary to section 1(1) Criminal Law Act 1977

3. Scott Chapman, Lynn Gaffney and Thomas Savage, between 22.7.10 and 20.6.11, conspired together to commit misconduct in public office. Contrary to section 1(1) Criminal Law Act 1977

4. Scott Chapman, Lynn Gaffney and Lucy Panton between 5.8.10 and 11.9.10, conspired together to commit misconduct in public office. Contrary to section 1(1) Criminal Law Act 1977

CHRIS PHARO

Between 1 January 2006 and 31 December 2010 Chris Pharo conspired together with journalists and with public officials, namely public officials employed at Broadmoor secure hospital, employees of the Thames Valley, Surrey and Metropolitan police forces, officers in the British Army and prison officials, to commit misconduct in public office Contrary to section 1(1) Criminal Law Act 1977