CPS News Brief

‘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.

Further audit fraud charge authorised in A4E case

Jaswant Narwal, Deputy Head of Fraud at the Crown Prosecution Service, said:

"The CPS has today (Tuesday 3 December) authorised a further charge against three women and two men in connection with alleged fraudulent activity at Action 4 Employment (A4e), a social purpose company contracted by the Department of Work and Pensions (DWP) to deliver the 'Inspire to Aspire' employment and training scheme.

"It is alleged that on or before 18 March 2011 A4e employees Ines Cano-Uribe (Contract Manager), Sarah Hawkins (Quality Co-Ordinator), Serge Wyett (Operations Manager), Matthew Hannigan Train (Team Leader) and Hayley Wilson (Recruiter) conspired to forge documentation in relation to services provided by A4e, with the intention of convincing Department for Work and Pensions auditors that the documentation and claim for payment were genuine. One of the women, Ines Cano-Uribe, already faces two existing charges relating to the alleged fraudulent activity at A4e.

"The five individuals are each charged with one count of conspiracy to make false instruments contrary to section 1(1A) of the Criminal Law Act 1977.

"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.

"The five individuals will next appear before Slough Magistrates’ Court on 6 January 2014.

"All individuals 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."