CPS News Brief

Surgery manager convicted of NHS fraud

Asif Butt, a former practice manager at an NHS surgery in Birmingham, was today [Friday, 19 December] handed a two-year prison sentence, suspended for 12 months, at Birmingham Crown Court for fraud, contrary to the Fraud Act 2006.

He was also handed a 12-month supervision order, must pay £800 costs and was ordered to carry out 200 hours of unpaid work.

Between 13/06/2012 and 04/08/2012, Asif Butt registered six people onto the NHS register allowing them access to free health care to which they were not entitled.

Mr Butt was caught by an undercover reporter for BBC’s Panorama. He asked to be paid £5,800 for the registrations of six people – all of whom did not exist.

The defendant knew that the six “people” he registered were not entitled to NHS health care as they were not legal residents in the UK.

The undercover reporter posed as one of these fictitious people and went on to obtain a free MRI scan as a result.

Ben Reid, senior prosecutor at the Crown Prosecution Service said: “Asif Butt abused his position of authority purely for his own financial gain. Instead of safeguarding the public purse, he used his knowledge of NHS systems to make himself a profit.

“Following an investigation by undercover journalists these actions came to light and he now has to pay the price for his dishonesty.”

 

Notes to Editors 

This matter came to light following BBC Panorama's 'Britain's Secret Health Tourists', first aired on BBC One on Wednesday, 3 October 2012.

Asif Butt was convicted of: Fraud, contrary to sections 1 and 3 of the Fraud Act 2006.

Asif Butt between 13/6/2012 and 4/8/2012, at Birmingham, committed fraud in that, while occupying a position, namely practice manager at Sparkbrook Health Centre, in which you were expected to safeguard, or not to act against, the financial interests of the National Health Service, you dishonestly abused that position intending thereby to make a gain for yourself, namely £5,800.

Police officers charged following 2012 death of Thomas Orchard in Exeter

A police sergeant and two custody detention officers have been charged with manslaughter and misconduct in public office following the death of Thomas Orchard in Exeter in October 2012, the Crown Prosecution Service (CPS) announced today [Wednesday 17 December 2014].

Mr Orchard was a 32-year-old who was suffering from paranoid schizophrenia and in a condition of relapse. He was arrested and restrained on the morning on 3 October 2012. He was taken to Heavitree Police Station Custody Unit and removed from the police van into the holding area and then a cell. Emergency medical assistance was rendered and he was taken to hospital, where he later died.

A full file of evidence was submitted by the Independent Police Complaints Commission (IPCC) in October 2014 following their investigation into the way police officers are alleged to have conducted themselves during their contact with Mr Orchard.

Malcolm McHaffie, CPS Deputy Head of Special Crime, said:

“Sergeant Jan Kingshott and Custody Detention Officers Simon Tansley and Michael Marsden, all of Devon & Cornwall Constabulary, have been charged with the manslaughter of Thomas Orchard and with misconduct in public office.

“As part of our review of this case we have also decided that there is insufficient evidence to bring charges against three Devon & Cornwall police constables and an on-site custody nurse employed by Serco.

“The decision to prosecute was reached after careful consideration of the evidence and was taken in accordance with the Code for Crown Prosecutors. We have determined that there is sufficient evidence to give rise to a realistic prospect of conviction and that a prosecution is in the public interest.

“All three individuals will appear at Exeter Magistrates’ Court on 29 January 2015.

“Criminal proceedings have now commenced and the defendants have 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.”

ENDS

NOTES TO EDITORS

The charges are as follows:

· Manslaughter (by Unlawful Act). Simon Tansley, Michael Marsden and Jan Kingshott between the 2nd October 2012 and 11th October 2012 unlawfully killed Thomas Orchard namely, by the use of unreasonable force.

· Manslaughter (by Gross Negligence). Simon Tansley, Michael Marsden and Jan Kingshott between the 2nd October 2012 and 11th October 2012 unlawfully killed Thomas Orchard namely, by gross negligence, in that:

i) As a detainee custody officer he owed a duty of care towards Thomas Orchard who was in his custody;

ii) He breached that duty of care in restraining Thomas Orchard by :

    (a) Using methods or actions of restraint which unduly restricted his breathing;

    (b) Maintaining him in a position which restricted his breathing over a prolonged and unnecessary period of time;

    (c) Failing to have sufficient regard as to whether his ability to breathe properly was impaired.

iii) That breach amounted to gross negligence;

iv) That breach exposed Thomas Orchard to the risk of death and it was a substantial cause of his death.

· Misconduct in a public office, contrary to Common Law. Simon Tansley, Michael Marsden and Jan Kingshott on 3rd October 2012 at Exeter, while acting as public officers, wilfully misconducted themselves in relation to their dealings with Thomas Orchard.

Medical staff to be charged following death of Jack Adcock, 6, at Leicester Royal Infirmary

Three members of medical staff will be charged with gross negligence manslaughter following the death of Jack Adcock, 6, at the Leicester Royal Infirmary on 18 February 2011, the Crown Prosecution Service (CPS) has announced today.

Fiona Morrison, Specialist Prosecutor with the CPS Special Crime Division, said: “We have carefully considered the evidence gathered by Leicestershire Police into the treatment and care of Jack Adcock by Doctor Hadiza Bawa-Garba, Sister Theresa Taylor and Staff Nurse Isabel Amaro.

“Having completed our review, we have concluded there is sufficient evidence and it is in the public interest for Dr Bawa-Garba, Sister Taylor and Staff Nurse Amaro to each face charges of gross negligence manslaughter. The decision to prosecute has been taken in accordance with the Code for Crown Prosecutors.

“May I remind all concerned that Dr Bawa-Garba, Sister Taylor and Staff Nurse Amaro have a 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.”

Dr Bawa-Garba, Sister Taylor and Staff Nurse Amaro will appear at Leicester Magistrates' Court on Friday, 23 January.

 

Notes to editors

The charges are:

• HADIZA BAWA-GARBA on the 18th day of February 2011 unlawfully killed Jack Adcock by gross negligence. Contrary to Common Law.
• THERESA TAYLOR on the 18th day of February 2011 unlawfully killed Jack Adcock by gross negligence. Contrary to Common Law.
• ISABEL AMARO on the 18th day of February 2011 unlawfully killed Jack Adcock by gross negligence. Contrary to Common Law.

Operation Yewtree: Ex-DJ Chris Denning jailed

Ex-DJ Chris Denning was today [Tuesday, 16 December] jailed after previously pleading guilty to 40 sexual offences committed against young boys over a near 20-year period.

Southwark Crown Court heard that between 1967 and 1987, Denning abused 24 boys. His youngest victims could not remember how old they were when he abused them, but one said he had been between nine and eleven, while others were aged up to 16.

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

“Chris Denning used his DJ career and, later, his computer shop in Dorset to lure and prey on young boys. He used the computers and access to video games as a way of enticing young boys.

“He gave them free run of the shop and groomed his young victims with alcohol, cigarettes and money as well as encouraging them to look at pornography.

“The extent of Denning’s child sexual abuse was truly appalling. The totality of his offending was significant and I hope that his jail sentence will be some small comfort to his many victims who were brave enough to come forward .

“This case demonstrates that where there is sufficient evidence we will continue to prosecute such cases with determination. I would like to thank the police and my team for their hard work in securing this conviction.”

Notes to editors:

Chris Denning pleaded guilty to:

· 36 counts of Indecent Assaults

· Four counts of Indecency with a Child

One man charged with misconduct in public office and no further action against a second individual for conspiracy to commit misconduct

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said,

“The CPS has today authorised the police to charge David Hobbs, an Operations Support Grade officer working for HMP, with misconduct in public office.

“After careful consideration it has been decided that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest. This decision was taken in accordance with the Code for Crown Prosecutors and the Director’s guidelines on assessing the public interest in cases affecting the media.

“David Hobbs will appear before Westminster Magistrates’ Court on 7 January 2015.

“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.

“The CPS has also decided that no further action will be taken regarding a second individual, a journalist, whose full file was passed to the CPS on 28 October 2014. After careful consideration it has been decided that there is insufficient evidence for a realistic prospect of conviction. This decision has been made in accordance with the Code for Crown Prosecutors.

“Any decision by the CPS does not imply any finding concerning guilt or criminal conduct; the CPS makes decisions only according to the test set out in the Code for Crown Prosecutors and it is applied in all decisions on whether or not to prosecute.”

For editors:

The CPS's function is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors.

This assessment is based on the evidence available arising out of the police investigation and not on the evidence that is likely to be gathered by the defence, and likely to be used to test the prosecution evidence. The CPS charging decision is therefore necessarily an assessment on the basis of the evidence that is available to the CPS at the time the decision is made.

CPS prosecutors must also keep every case under review, so that they take account of any change in circumstances that occurs as the case develops, including what becomes known of the defence case. If appropriate, the CPS may change the charges or stop a case.

Details of the charge:

David Hobbs

Misconduct in Public Office, between the 28 February 2010 and 1 April 2010