CPS News Brief

Charity worker jailed for sexually abusing boys in the UK and Kenya

A 55-year-old charity worker from Herefordshire has today been sentenced to 17 years and 4 months imprisonment for sexual offences which were committed over a 26 year period on eight young boys in the United Kingdom and in Kenya.

The victims in Kenya were able to give evidence from a hotel close to their hometown via video link. This was broadcast into the court room and they were able to be questioned and cross-examined.

A jury at Birmingham Crown Court heard how, following an investigation by West Mercia Police and the National Crime Agency, Simon Harris of Pudleston near Leominster was arrested and charged with 30 sexual offences and five offences relating to indecent images.

On 17 December 2014, Harris was convicted of eight sexual offences (three indecent assaults and five sexual assaults) relating to five Kenyan children in Gilgil, a small town in Kenya, where Harris was a charity volunteer co-ordinator. He was also convicted of four indecent images offences at trial. 

Through his work in Kenya, Harris came into contact with homeless children. He would entice the victims through the promise of work or education to attend his home in Gilgil. Once there, he would provide the boys with alcohol and drugs, and then he would sexually abuse them.

On the first day of his trial, he had pleaded guilty to six sexual offences committed against three boys at a school in Devon in the late 1980s. 

Anamarie Coomansingh, Senior District Crown Prosecutor from West Midlands Crown Prosecution Service’s Complex Casework Unit, said:

“Simon Harris is a dangerous predator of young boys who abused his position of trust and groomed vulnerable victims in the UK and in Kenya for his own sexual gratification. 

“When he was no longer able to teach as a result of his abuse of young victims in Devon, he turned his attention to Kenya where he set up a charity to work with children. Many of these boys in Kenya were illiterate, homeless and extremely vulnerable. Aware of these facts, he callously took advantage of their circumstances and their surroundings to sexually abuse them.

“I would like to personally thank all of the victims and witnesses who gave evidence throughout this trial. It must have been a harrowing experience for them to relive the crimes which Harris committed on them, but without their evidence and support, we would not be here today.

“I would like to take this opportunity to also thank the enforcement agencies and charities which helped support the victims through the trial both here in the UK and in Kenya and the High Commission in Kenya.

“Our message is very clear - serious offenders like Harris cannot prey on vulnerable children abroad without facing justice.”

Fred Talbot convicted of indecent assault

Today at Manchester Minshull St Crown Court, Fred Talbot has been found guilty oftwo indecent assaults against two boys under the age of 16. The offences occurred in the 1970s when he was a qualified teacher at a boys’ grammar school in Greater Manchester. He was acquitted on a further eight counts of indecent assault.

He will be sentenced on 13^th March at Manchester Minshull St Crown Court.

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

“As a teacher, Fred Talbot was in a position of trust and responsibility.  Parents and pupils saw him as a popular, likeable teacher who was willing to give up his time to take children away on school trips.  In fact he used those situations as opportunities to sexually assault two teenage boys who should have been safe in his care.  The offences he committed were a gross betrayal of the trust placed in him.

“The victims, and other witnesses in the case, have shown real courage and resolve in reporting what happened to the police and giving evidence during this trial. Because of their courage Fred Talbot has today been brought to justice for these crimes. 

”I hope that these verdicts will help them in some way and I hope they will give other victims of sexual abuse the confidence to come forward knowing that they will be taken seriously and treated with sensitivity.”

Three men jailed for the rape of a woman in 20-hour ordeal

• Case demonstrates need for context when considering issue of consent

Three men have today [Friday, 13 February] been jailed for a combined total of 18 years for the rape and sexual assault of a 23-year-old woman.

In a protracted attack in a Lincoln flat, Michael Armitage, 42, Rafal Segiet, 40, and Pawal Chudzicki, 47, subjected their victim to an ordeal which lasted 20 hours. Today they were each sentenced to six years’ imprisonment at Lincoln Crown Court.

The issue central to the prosecution case was that the victim lacked the capacity to consent to the sexual activity. The victim, who had been drinking, was taken by the men in a taxi to the flat where the attacks took place on the night of 27 October 2012. She had been out with friends but had become separated from them.

The trial, which began on 5 January 2015 at Lincoln Crown Court, was suspended for a number of days after the trial judge ruled that there was insufficient evidence to put before a jury on the basis that a lack of memory does not amount to a lack of capacity to consent.

The prosecution sought a ruling from the Court of Appeal on the evidential sufficiency of the case, arguing that the full context needed to be taken into consideration when considering the issue of consent, including mobile phone footage taken by one of the defendants and blood tests demonstrating a high level alcohol in the victim’s blood. The Court of Appeal ruled in favour of the prosecution and the trial continued.

Lawrence English, CPS East Midlands Senior District Crown Prosecutor, said: “This was rape as it was clear the woman was in no state to consent to sex. While it is, of course, true that lack of memory, on its own, does not prove lack of consent, the context in this case showed that this victim was taken advantage of because she was incapacitated, and that she could not have consented to sexual activity.

“It is against the law to engage in sexual activity with someone who is clearly unable, through drink, to give their consent. We are pleased that the Court of Appeal ruled in the way it did and the case proceeded to the jury for a verdict.

“The victim in this case has shown tremendous courage in this case. She suffered an horrific ordeal because of the actions of these three men and we are satisfied to see justice has been served.”

Further Information: On 28 January 2015, the Director of Public Prosecution, Alison Saunders, launched toolkits for police and prosecutors on the issue of consent. For the first time, the toolkits spell out situations where a potential victim may have been unable to consent due to incapacity through drink or drugs, for example.

No further action to be taken against PCC Ron Hogg

CPS decision in relation to IPCC referral in respect of Ron Hogg in connection with two bonus payments made to him while he was deputy Chief Constable of Cleveland Police and in relation to a car that was passed to him when he retired.

Until 2008 Ron Hogg was employed as Deputy Chief Constable of Cleveland Police and on contractual terms that allowed for the payment of bonuses.  There is no evidence that he requested bonuses.  His performance was assessed by the Chief Constable as being very good.  The Chief Constable recommended the bonuses to Mr Hogg and a number of other individuals on the grounds of excellent performance.  These were approved by the Police Authority at the time and recipients were informed of their awards at routine meetings. 

The evidence in this case indicates that when Mr Hogg retired the Cleveland Police Authority Leadership Panel agreed that he could keep his company car as part of his leaving arrangements.  The Panel had taken advice from a barrister who stated that a decision to allow Mr Hogg to keep his vehicle was “not only fair but in accordance with the spirit of the guidance”.

In 2012 Mr Hogg was elected as the Police and Crime Commissioner for Durham. 

In September 2013 the Durham Police and Crime Panel referred these matters to the IPCC; who have conducted an investigation.

On 30 January 2015 the CPS was asked by the IPCC to consider the criminal offence of misconduct in public office. This offence requires proof that a public officer, acting as such and without reasonable excuse or justification, wilfully neglects to perform his duty and/or wilfully misconducts himself to such a degree as to amount to an abuse of the public’s trust in the office holder.  

The matter has been considered by a Specialist Prosecutor within the CPS Special Crime Division who for the sake of completeness also considered the Fraud Act.

Having considered the evidence in accordance with the Code for Crown Prosecutors we have concluded that there is insufficient evidence to show that any crime has been committed and we have advised that no further action be taken. 

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.

Notes to 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, a copy of which is provided via the link below:

www.cps.gov.uk/publications/code_for_crown_prosecutors/index.html 

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.

Briton jailed for terrorist activity in Syria

Imran Khawaja, of London, was today jailed at Woolwich Crown Court having previously pleaded guilty to preparing acts of terrorism, attending a terrorist training camp, weapons training and possession of an article for terrorist purposes.

On 26 January 2014, Imran Khawaja left Heathrow on a journey to Syria, where he was provided with training at a terrorist camp. Satellite imagery confirms that Khawaja had been north of Kirkuk in Iraq and southwest of Aleppo in Syria during his time abroad. Here, he joined a group known as Rayat al-Tawheed, an insurgent group of Islamist Muslims, principally from London, who are either members of and/or sympathetic to the message and activities of the Islamic State (IS).

In May 2014, Rayat al-Tawheed announced on social media that a “British ISIS fighter” who they called Abu Daigham al-Britani had been killed. Using clothing recognition techniques from previous photos of Abu Daigham al-Britani, this was identified as Imran Khawaja.

His death was soon discovered to be false when Khawaja was arrested in June 2014 trying to re-enter the UK, facilitated by his cousin, Tahir Farooq Bhatti. Both were arrested. A third man, Asim Ali, was later arrested when it was discovered that he was part of Khawaja’s UK support network. Ali later pleaded guilty to entering into a funding arrangement for the purposes of terrorism, contrary to Section 17 Terrorism Act 2000 and Bhatti pleaded guilty to assisting an offender contrary to section 4(1) of the Criminal Law Act 1967. 

Deborah Walsh, Deputy Head of Counter Terrorism at the Crown Prosecution Service, said:

“Imran Khawaja’s actions are one of the most appalling examples of violent extremism that I have seen committed by British jihadis returning from Syria.

“Photos and videos of Khawaja posing with child soldiers and severed heads defy the understanding of civilised people and paint a picture of a man who would stop at nothing to spread terror and hatred. It is clear from the evidence that he went to Syria to train and to fight, and was close to, if not directly in, a combat zone.

“It is vital that we bring the full force of the law against those who leave the UK to join terrorist causes. But people can only travel to engage in terrorism in Syria with the help and support of fundraisers and facilitators like Tahir Farooq Bhatti and Asim Ali, so it is right that they too are held to account for their actions.”

Former paediatrician Michael Salmon found guilty of 11 counts of rape and indecent assault

Adrian Foster, Chief Crown Prosecutor for CPS Thames and Chiltern said,

“Michael Salmon has been convicted today of offences which are particularly shocking due to the abuse of his position as a doctor taking advantage of the female patients in his care. His crimes were extremely traumatic for his victims who should have expected his support rather than this gross betrayal of their trust.

“Michael Salmon used his status to molest these vulnerable young girls and women who felt unable to complain as he was a doctor, and many of whom only bravely came forward after seeing other cases in the media. I hope they now feel that justice has been done.”

For information:

Michael Salmon was a consultant paediatrician working in Stoke Mandeville Hospital in Buckinghamshire. The counts against him all related to a period in the late 1970s and 1980s.

Michael Salmon found guilty of:

Two counts of rape, contrary to section 1 (1) of the Sexual Offences Act 1956

Nine counts of indecent assault, contrary to section 14 (1) of the Sexual Offences Act 1956

Gary Glitter convicted of child sexual abuse

Today Paul Gadd, better known by his stage name of Gary Glitter, has been found guilty of sexual offences at Southwark Crown Court. The offences occurred in the 1970s and involved three victims, all of whom were aged less than 16 at the time of the abuse.

Gadd was found guilty of one count of attempted rape, four counts of indecent assault and one count of sexual intercourse with a girl under the age of 13. He will be sentenced on 27 February at Southwark Crown Court. 

Chief Crown Prosecutor and Head of CPS London, Ms Baljit Ubhey, said: “Paul Gadd abused his access to young fans in order to give himself the opportunities to assault and abuse his victims. Crimes such as these have repercussions for victims that can last for a lifetime.

“The bravery of the victims and other witnesses in this case cannot be understated and their testimony has been vital in bringing Paul Gadd to justice. I hope today’s verdict will be of some small help to these victims. 

“It should also provide other victims of sexual abuse with the courage to come forward, knowing their case will be handled with sensitivity and professionalism.”

David Lowe sentenced for indecent assaults on young boys

David Lowe was sentenced to 10 years imprisonment today at Southwark Crown Court for 15 counts of indecent assault on boys under the age of 14 between 1978 and 1984. These offences occurred when he was working at Westminster Cathedral Choir School and Ampleforth College, in North Yorkshire.

Baljit Ubhey, Chief Crown Prosecutor for CPS London said:

“David Lowe abused his position as a teacher to indecently assault young boys aged between eight and 13 years old.

“Lowe made some of his victims believe that the abuse they suffered was a legitimate form of punishment. With others he befriended them and paid them special attention to gain their trust.

“It has been proved that his actions were criminal and that he took advantage of these young boys for his own sexual gratification.

“I would like to thank all the victims who came forward to support this prosecution. Your courage has helped bring Lowe to justice.

“I hope that this conviction will give other victims of sexual abuse the confidence to report their abusers and will serve as a warning to other offenders that you can and will be brought to justice.”

Statement on FGM trial

Alison Saunders, the Director of Public Prosecutions, said:

“It was right that we put this case before the court and on three separate occasions, once before trial and twice during the trial, the judge dismissed applications by the defence to stop the case, thereby agreeing that the evidence should be considered by a jury.

“The CPS does not choose which cases it is asked to consider for prosecution and we must apply the same test to every case. We do not shy away from difficult cases, and where there is sufficient evidence and it is in the public interest we will prosecute. The evidence in this case meant a prosecution should be brought so that a jury could be allowed to consider the facts. We respect the decision of the jury.

“This will, of course, not affect our resolve to bring those who do commit FGM to justice where we have the evidence to do so. Female Genital Mutilation is an invidious crime, and one which we remain determined to prosecute. Today’s verdict will not stop the important work that we and the police are doing in encouraging victims to come forward and looking at new ways to help bring cases to court.”

Further information on latest position on FGM cases

• One prosecution
• Three cases currently with CPS for consideration
• Aware of four other cases under investigation but not yet passed to the CPS for consideration
• 11 cases in which the CPS have decided there could be no further action – no prosecution
• One case in which police decided there could be no further action

No further action against two individuals for conspiracy to commit misconduct in public office

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

“The CPS has decided that no further action will be taken regarding two individuals – a journalist and a public official – whose full file was passed to the CPS on 19 September 2014. After careful consideration it has been decided that there is insufficient evidence for a realistic prospect of conviction for the charge of conspiracy to commit misconduct in public office.

“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.

“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.