CPS News Brief

CPS statement - Iceland Foods case

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

“This case has been reviewed by a senior lawyer and it has been decided that a prosecution is not required in the public interest. While the decision to charge was taken by the Metropolitan Police Service, a subsequent review of the case by the CPS did not give due weight to the public interest factors tending against prosecution.

“In reconsidering this case, we have had particular regard to the seriousness of the alleged offence and the level of harm done. Both of these factors weigh against a prosecution. Additionally, further representations received today from Iceland Foods have affected our assessment of the public interest in prosecuting.

“We hope this demonstrates our willingness to review decisions and take appropriate and swift action when necessary. The Crown Prosecution Service is committed to bringing the right charges to court when - and only when - it is proper to do so.

“We have notified the legal representatives of the defendants that the proceedings will be discontinued. This decision has been taken on public interest grounds alone. There was sufficient evidence for a realistic prospect of conviction when the Metropolitan Police decided to charge the defendants and that remains the case.”

Pair sentenced for human trafficking offences

Two people who admitted trafficking two women into Wales for the purposes of prostitution have been sentenced at Newport Crown Court.

At an earlier hearing, Angelica Bacan and Ladislav Kurina each pleaded guilty to two counts of intentionally arranging or facilitating entry into the UK of a person with a view to their sexual exploitation and two counts of arranging travel within the UK of a person with a view to their sexual exploitation. Kurina also pleaded guilty to possession of a prohibited weapon. At today’s hearing, Bacan was jailed for 15 months and Kurina for two years and seven months.

The pair admitted facilitating the arrival of two Czech women into the UK in September 2013. The women were transported to various addresses in the South East of England, before being brought to a flat in Cardiff. Over time their living conditions deteriorated, with Bacan and Kurina demanding more and more money from them.

Eventually, they were able to seek support from Safer Wales, a charity which offers support to victims of abuse, ultimately leading to the involvement of South Wales Police.

Nicola Rees, Senior Crown Prosecutor for the Crown Prosecution Service Wales Complex Casework Unit, said:

“The defendants are guilty of deplorable offences, seeking to profit from the misery and sexual exploitation of their vulnerable victims.

“Human trafficking is modern day slavery and is totally unacceptable in a civilised society. Those who seek to demean the value of life by depriving others of the most basic of human rights should be in no doubt that we will do everything in our power to bring them to justice.

“We have strong local partnerships in place to help identify and prosecute cases where human trafficking is a factor and to ensure that victims are given the support they need. We will continue to work closely with our partners in the criminal justice system to make sure these crimes are prosecuted robustly.”

Kim-Ann Williamson of the Crown Prosecution Service Wales is also Chair of South Wales Anti Human Trafficking Group. She added:

“Human Trafficking is very real. It’s happening in our communities and on our doorstep. This case highlighted the effectiveness of local people working closely together to help victims. We will continue to strive to make Wales hostile to human trafficking and bring offenders to justice.”

Background information

Alison Saunders, Director of Public Prosecutions, recently held a meeting with criminal justice partners, experts and interested parties to identify how the criminal justice system can strengthen the investigation and prosecution of human trafficking.

Following the discussions, the CPS will shortly be publishing an action plan that will set out key actions to tackle the issue and improve the CJS response to human trafficking offences.

Fred Talbot charged with sexual offences

The Crown Prosecution Service has authorised Greater Manchester Police to charge Fred Talbot with eight offences of indecent assault against three boys under 16 years of age, one offence of indecent against a male aged 17 years and one offence of buggery against a 19-year-old male. The alleged offences took place between 1969 and 1983.

Mr Talbot has been bailed to appear before Manchester Magistrates' Court on 11 February 2014.

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

“We have carefully considered all the evidence gathered by Greater Manchester Police in relation to allegations from five complainants that Fred Talbot sexually assaulted them between the 1960s and 1980s. Having completed our review, we have concluded that there is sufficient evidence and it is in the public interest for Mr Talbot to be charged with 10 sexual offences relating to five complainants, three of whom were under 16 years of age at the time. The Crown Prosecution Service has today authorised Greater Manchester Police to charge Fred Talbot with these offences.

"This decision was taken in accordance with the Code for Crown Prosecutors and our guidance for prosecutors on sexual offences. May I remind all concerned that criminal proceedings against Mr Talbot have now commenced. He has a right to a fair trial and it is extremely important that there should be no reporting, commentary or sharing of information online which could prejudice these proceedings. For these reasons, it would be inappropriate for me to comment further at this time.”

The charges are:

• Nine charges of indecent assault relating to four complainants alleged to have been committed between 1969 and 1977.
• One charge of buggery relating to a fifth complainant alleged to have been committed in 1983.

Man charged over social media messages

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

“The CPS has today authorised the Metropolitan Police Service to charge Peter Nunn, 33, from Bristol, under section 127 of the Communications Act (2003) over messages allegedly sent to Stella Creasy MP.

"This case was reviewed 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.

"Peter Nunn will now appear at Westminster Magistrates' Court on 6 February 2014.

"May I remind all concerned that criminal proceedings against the defendant will now be commenced and of his 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." 

Woman convicted of acid attack on former friend

Mary Konye, 21, was convicted today at Snaresbrook Crown Court for applying a corrosive fluid with intent, contrary to the Offences Against the Person Act 1861. The attack occurred in Dagenham on 30 December 2012 and the victim, Naomi Oni, was left with life-altering injuries.

Baljit Ubhey, CPS London Chief Crown Prosecutor, said:

“The use of acid as a weapon is cruel and horrifying. It can have a devastating effect on victims and can cause long term pain and disfigurement as well as emotional and psychological harm.

“The attack in the early hours of 30 December left Naomi with shocking injuries, including deep chemical burns to her face, neck, forearm and thigh.

“This was an extremely brutal attack committed as Naomi made her way home from work. Mary Konye disguised herself in a niqab and followed the victim from her workplace in Stratford to her home in Dagenham. As she got off a bus near her home the defendant threw sulphuric acid over her, then fled the scene.

“Mary Konye and the victim used to be friends and they had discussed the high profile case of Katie Piper who was the victim of an acid attack in 2008, and how Naomi had been particularly moved and upset by her story. Konye exploited this fear to cause maximum harm and her defence of suggesting that the victim would have thrown acid on herself was contemptible.

“Konye has now been brought to justice and must face the full consequences of her appalling actions.

“I would to like praise Naomi’s courage and dignity in giving evidence during this trial.”

CPS decision on investigation into police handling of protected witness in Kevin Nunes murder case

Simon Orme, specialist lawyer in the CPS Special Crime decision, said:

“I have been asked to consider evidence in relation to six former or serving Staffordshire police officers to determine whether or not they should be prosecuted in relation to their handling of a protected witness in connection with the murder of Kevin Nunes in 2002.

“The investigation into the matter has been conducted in two parts. These decisions relate to the first part of the investigation, namely the allegations that those dealing with the protected witness and their immediate supervisors had perverted the course of justice by failing to record and report that he had potentially stolen a sum of money.

“I have determined there is insufficient evidence to provide a realistic prospect of convicting five of the six officers for this offence. A decision in relation to the sixth officer will be made following submission of evidence relating to the second part of the investigation.

“To prove an offence of perverting the course of justice the prosecution would need to demonstrate that the failure to document the potential theft was a deliberate act intended to pervert the course of justice.

“It was alleged the incident was not recorded in an attempt to cover-up the witness’s misbehaviour and present him in a better light. However, detailed recording of many other incidents that illustrated his misbehaviour undermines this suggestion and there is insufficient evidence to prove any other motive.

“The only evidence to support the allegation that the five officers conspired together to pervert the course of justice by collectively agreeing to omit details of alleged theft is statements allegedly made by one officer to another. I have determined that these would not be admissible as hearsay evidence and there is no other evidence to support the allegations.

“As such I have determined no charges should brought against any of the five officers.

“I was also asked to consider one allegation of theft of a mobile phone by one of the five officers. On the available evidence, including documentation relating to the purchase of communications equipment by police, it is not possible to determine exactly what was bought, or that the police officer then kept a specific mobile phone for his personal use. I have therefore determined there is insufficient evidence to demonstrate that an offence of theft has been committed and no charges should be brought.

“We await the submission of a complete file of evidence in relation to the second part of this investigation.”

 

Notes to Editors

A copy of the Court of Appeal judgement in this case is available here.

 

The shooting of Anthony Grainger – Charging decisions

Anthony Grainger, 36, was shot and killed by an officer of Greater Manchester Police (GMP) on 3 March 2012 during a planned operation to arrest a group of men on suspicion of conspiracy to commit armed robbery. Mr Grainger was not armed when he was fatally shot. An independent investigation was then undertaken into the actions of the officers involved in the planning, approval and conduct of the operation.

The Crown Prosecution Service has decided, after careful consideration of all the evidence in this case, that there is sufficient evidence to prove that Greater Manchester Police breached the Health and Safety at Work etc. Act by failing to ensure that unnecessary risk to the suspects was avoided. It is alleged that an unnecessary exposure to risk was caused by serious deficiencies in the preparation for the police operation.

In accordance with the Act, criminal liability falls on chief officers of police as corporations sole. A corporation sole is a distinct legal entity and the person holding the office concerned does not share the criminal liability or have to personally appear in court.

Accordingly, there is sufficient evidence and it is in the public interest for the Chief Constable of Greater Manchester Police, Sir Peter Fahy, to be prosecuted as a corporation sole.

Alison Saunders, the Director of Public Prosecutions, said:

“We have completed our review of the evidence provided by the Independent Police Complaints Commission in relation to the death of Anthony Grainger. After careful consideration we have decided that the Chief Constable of Greater Manchester Police, Sir Peter Fahy, should be prosecuted as a corporation sole for failing to discharge a duty under the Health and Safety at Work Act.

“In addition to every employer’s responsibility towards their employees, the law also imposes a duty to ensure that work is carried out in a way that ensures, so far as is reasonably practicable, that persons outside of their employment are not exposed to risk. The chief officers of police forces are treated as employers for this purpose. It is alleged that there were serious deficiencies in the preparation for this operation that unnecessarily exposed individuals to risk.

“Criminal proceedings are active and the defendant has the 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 first hearing will take place on 10 February 2014 at Westminster Magistrates’ Court.

The duty of an employer towards non-employees is imposed by Section 3(1) of the Health and Safety at Work etc. Act 1974 and Section 33(1)(a) of the Act makes it an offence to fail to discharge this duty. Upon conviction, the Crown Court may impose an unlimited fine on the employer.

Other offences considered

As part of this review, the CPS also considered whether the firearms officer who shot Mr Grainger should be charged with murder, gross negligence manslaughter or misconduct in public office. The officer has stated that he was acting in defence of himself and other officers when he fired.

Any prosecution for murder would require the CPS, amongst other elements, to prove beyond reasonable doubt that (a) the officer did not honestly believe it was necessary to use force and (b) that the force used was disproportionate in the circumstances as the officer believed them to be. In the circumstances of this case, our assessment of the evidence is that a jury would accept that the officer did believe his actions were necessary and that the level of force used in response to the threat as he perceived it to be was proportionate.

The basis for the officer’s belief in the necessity of his actions is relevant to the criminal proceedings under the Health and Safety at Work etc. Act and it would be inappropriate to publish any further detail at this time. There is also insufficient evidence to prosecute the officer for gross negligence manslaughter or misconduct in public office. It would be inappropriate to explain these decisions in detail at this time for the same reason.

The offence of corporate manslaughter could not be charged as GMP had no relevant duty of care towards Mr Grainger, which is an essential part of this offence. Under the Corporate Manslaughter Act 2007, a relevant duty exists when the corporate body owes a duty under the law of negligence as an employer, occupier or when responsible for the person’s safety when detained. None of these types of duty of care were applicable to the facts of this case.

All decisions were taken in accordance with the Code for Crown Prosecutors.

Peterborough Sexual Abuse Case

Two men and three teenage boys have been convicted of charges of rape and sexual assault in one of the worst cases of child sexual abuse prosecuted by the CPS.

Chief Crown Prosecutor for CPS East of England, Grace Ononiwu said:

“The fact that eight individuals faced a total of 46 charges of sexual abuse, including some which carry maximum penalties of life imprisonment, demonstrates the extent and seriousness of the offending which was alleged against them.

“This case is one of the worst cases of child sexual abuse we have seen. The defendants all denied organising and controlling the abuse of five girls who were aged between 12 and 13 years old.

“One girl of 13 years who had learning difficulties, was particularly exploited, being forced to perform sexual acts with other males in exchange for money and threatening her if she refused. This is child sexual abuse at its worst, preying on the vulnerable for sexual gratification.”

Zdeno Mirga, 18, one of the two men convicted, was identified by the prosecution as the ringleader of the group. He faced eight charges of rape, two charges of sexual activity with a child and one charge of causing or inciting child prostitution. Also convicted was Hassan Abdulla, 33, who faced four charges of rape, two charges of sexual activity with a child and three charges of inciting a child to engage in sexual activity.

Dusan Mirga, 20, who was acquitted, faced one charge of rape, two charges of sexual activity with a child and one charge of assault by penetration. David Ziga, 19, who was acquitted, faced two charges of rape and one charge of sexual activity with a child.

Four teenagers faced a total of eight charges of rape; seven charges of sexual activity with a child; three charges of sexual assault; one charge of causing or inciting a sexual act with a child. One of the teenagers was acquitted.

Ms Ononiwu said:

“I would like to pay tribute to the bravery of the young victims who gave evidence against their abusers and brought them to justice and thank the jury who had to make the decisions on each of the 46 separate charges and listen to some very graphic descriptions of what happened to the victims in this case.

“Tackling abuse of this kind is a priority for the CPS and more than ever we are now better equipped to build strong cases to bring those who abuse and exploit children before the courts. We will continue to work closely alongside the police and other agencies to provide extensive support for victims.

“I would encourage anyone who has been a victim of sexual abuse to come forward and report it.”

The two men and three teenage boys will be sentenced on 20 February.

ENDS

Man sentenced for stirring up racial hatred

Christopher Phillips has today been sentenced to 12 months in prison and imposed with an antisocial behaviour order (ASBO) for distributing videos of himself at an extremist right-wing event on a social media site.

Mr Phillips pleaded guilty to one count of stirring up racial hatred contrary to section 21 of the Public Order Act 1986 at a hearing on 31 October 2013 at Wolverhampton Crown Court.

Specialist lawyer Bethan David from the CPS Special Crime and Counter Terrorism Division said:

“The three videos of Mr Phillips posted on Facebook showed him dressed in a Ku Klux Klan outfit hanging a life size ‘golliwog’ doll. This was an act with very clear racist connotations, and Mr Phillips’ dissemination of the videos on open social media channels showed a clear intent to stir up racial hatred.

“Though freedom of speech is the right of any individual in our democracy, so too does everyone have the right to be protected by the law and that is why we regard racist crimes, along with all hate crimes, as particularly serious; because they undermine people's right to feel safe.

"While people are entitled to hold extreme opinions which others may find unpleasant and obnoxious, they are not entitled to distribute those opinions in a threatening manner intending to stir up hatred. Behaviour that incites bigotry and hatred undermines the freedom of law-abiding individuals and it will not be tolerated in our society.”

Five convicted of trafficking women from Hungary to be prostitutes in the UK

Five members of an organised crime group, which brought young women into the UK from Hungary for prostitution, have been convicted of conspiring to traffic women into the UK for sexual exploitation.

Hungarian nationals Mate Puskas, Zoltan Mohacsi, Istvan Toth and Peter Toth, along with Victoria Brown, Puskas’s former girlfriend, were today found guilty following a trial at Hove Crown Court. Istvan Toth and Peter Toth were convicted in their absence.

The charges covered more than 60 incidents spanning just under two years, during which young women were brought from Hungary into the UK with their ‘profiles’ uploaded on to a website advertising sexual services for sale.

Individuals would respond by calling mobile phones controlled by the defendants, who then arranged for them to meet the young women at a hotel or at houses run by the defendants as brothels.

Portia Ragnauth, Acting Chief Crown Prosecutor CPS South East, said:

“None of us can imagine how desperate the victims were in this case. In many instances, they came to the UK to try to escape financial difficulties at home. Payments for their flights were often made by one of the five individuals convicted today. Once in the UK these ‘debts’ were used as a hold over the women who were forced to work for up to 12 hours a day.

“When the women told the group they did not want to work as prostitutes, threats would be made against them and their families back in Hungary. Threats were also made to expose the work they had been doing in the UK in their home country.

“I would like to take this opportunity to pay tribute to the bravery of the victims who gave evidence in this case, one who gave evidence from behind a screen in the UK, and two others who gave evidence via a live video-feed from Hungary. We know how incredibly difficult it was for them, especially as we know that the reach of this criminal group extends back to Hungary. It has not been easy for them, but we hope that today’s verdict brings them justice and allows them to now move on with their lives.

“The CPS was assisted greatly by the police and judicial authorities in Hungary to bring this prosecution. Without this cross-border cooperation achieving justice for these women would have been considerably more difficult.”

Background

Alison Saunders, Director of Public Prosecutions, recently held a meeting with criminal justice partners, experts and interested parties to identify how the criminal justice system can strengthen the investigation and prosecution of human trafficking.

Following the discussions, the CPS is now preparing an action plan that will set out key actions to tackle the issue and improve the CJS response to human trafficking offences.

Charges

Mate Puskas, Zoltan Mohacsi, Istvan Toth, Peter Toth and Victoria Brown were each convicted of one count of:

CONSPIRACY TO TRAFFIC WOMEN INTO THE UNITED KINGDOM FOR SEXUAL EXPLOITATION, Contrary to section 1(1) of the Criminal Law Act 1977.