CPS News Brief

Man sentenced after invoice for $28m of ammunition was found on his mobile phone

Abdurraouf Eshati, aged 29, from Wrexham was sentenced for terrorism and immigration offences today at the Old Bailey, Eshati received a six year prison sentence after he pleaded guilty yesterday at court. 

Eshati was one of 20 people found in the back of a lorry after it was stopped and searched in Dover by police.  He was challenged and searched after he was seen by an officer to be acting suspiciously and using his phone whilst the lorry was processed. Following a search of his phone, two documents were found which led to his arrest and charge for possessing a collection of information likely to be of use to a person preparing or committing an act of terrorism. 

Police also discovered a number of false documents which had been provided by Eshati to an immigration tribunal in 2012, he was subsequently charged for immigration offences.

CPS spokesperson said: “The very fact that Eshati pleaded guilty to these offences on the first day of his trial is a testament to the strength of the case and evidence brought against him. 

“Images found on his phone included an invoice for a massive amount of ammunition worth $28.5 million and the hiring of a cargo plane to be used in Libya.  

“The information that was contained within those documents found on Eshati’s phone were considered likely to have supported and been useful to an individual preparing to commit an act of terrorism.  Such was the scale of his activity, the court was told his arrest and the finding of these documents has led to Italian authorities discovering large scale illegal arms supplies being imported from eastern Europe to conflict zones in Libya and other places.”

 

Additional Info:

Count two: Collection of information, contrary to section 58(1)(b) of the Terrorism Act 2000  - four years and six months

Count three: Seeking to obtain leave to remain in the UK by deception, contrary to section 24A(1)(a) of the Immigration Act 1971 - 18 months

Damon Kelly handed Criminal Behaviour Order for ‘hate’ leaflets

A religious activist from Northamptonshire has been given a Criminal Behaviour Order preventing him from distributing leaflets about religious, sexual or reproductive topics to any residential, commercial or academic address and door-knocking for the next five years.

Damon Jonah Kelly, had been distributing leaflets dressed in a monk’s robe in a variety of different locations including the East Midlands, Brighton, Cambridgeshire and the West Midlands since 2012. The leaflets expressed his views denouncing a number of groups and communities, including faiths different to his own, divorcees and people using assisted childbirth, but principally targeting the gay community.

Many people who read his leaflets were upset and offended by them, and reported his activities to the police. The leaflets were described by witnesses as ‘vile’, ‘offensive’ and ‘upsetting’.

In October 2014, Kelly delivered a leaflet expressing his views about homosexuality to the home of a same-sex couple, who remonstrated with him about the leaflet and its content. He returned to the address two weeks later with a letter addressed to them, again expressing his views. He was arrested and charged with harassment without violence for targeting this couple. He pleaded guilty at Leicester Magistrates Court in June.

He was today sentenced to a 12 month community order, requiring him to do 170 hours unpaid work and ordered to pay a £60 victim surcharge. The unpaid work was increased from 140 hours because his offending was homophobically aggravated and therefore treated as a hate crime. The Court also imposed a Criminal Behaviour Order, allowing Kelly to hold and express his views, but not so as to invade the privacy of others. Specifically, the order, which is in force for the next five years, prohibits him from:

• Distributing unsolicited material about religious, sexual or reproductive topics to any residential, commercial or academic address in England and Wales and
• Calling at any residential premises in England and Wales, whether by doorbell, knocking or any other means, for the purpose of distributing such material, without prior permission of the occupier

Lisa Morris, Senior District Crown Prosecutor at CPS East Midlands said:

“Damon Kelly has caused offence when distributing his leaflets. The right of free speech is extremely important in our society, but when this crosses the line into harassment, it is important that the public is protected. This Criminal Behaviour Order is necessary to balance Damon Kelly’s right to free speech with the need to protect the public from such further conduct.  It is important that communities are aware that he has been banned by the courts from these activities. Anyone who thinks they have seen Damon Kelly breaching this Criminal Behaviour Order should contact their local police force and report it.”

Two brothers convicted of aiding terrorists after retrial

Tuhin Shahensha, 27, and Mustakim Janam, 23, were today found guilty of helping in the preparation of acts of terrorism following a retrial at Kingston upon Thames Crown Court. They will be sentenced on 18 November.

The two men, who are brothers, were found to have helped a number of other men leave the UK to travel to Syria to meet up with a third brother, in order to fight for ISIS. This included selling their belongings in order to fund travel for others and lying to police when questioned in order to try and hide the true intent of the trip. Shahensha had also been buying equipment in preparation for his own travel to Syria.

Sue Hemming, CPS Head of Special Crime and Counter Terrorism Division said: 

“These men spent a great deal of time and money in order to assist those who wished to go out to Syria to commit terrorist acts. 

“Their admiration for their brother, who had travelled to Syria and was killed while fighting for ISIS, was clear. They knew that what they were doing was illegal as they used secure messaging and lied to the police in order to hide their criminality.

“These convictions show that there is no hiding place for those that encourage and assist others in acts of terror, wherever those acts are carried out, and we will continue to work with the police to build strong cases in instances such as these.”

Bus stop rapist given 20 year extended sentence at Leeds Crown Court

Zdenko Turtak, who raped and viciously assaulted an 18 year old woman at a Leeds bus stop in March 2015, before fleeing to Slovakia, has been given an extended sentence of 20 years, with a custodial element of 14 years for rape, and a concurrent sentence of eight years for grievous bodily harm with intent  at Leeds Crown Court today.

Peter Mann, Head of the Complex Casework Unit, CPS Yorkshire and Humberside said:

“Zdenko Turtak is responsible for a vicious and terrifying rape. ‘Stranger rape’ such as this is rare and the devastating trauma which the teenage victim experienced will live with her for the rest of her life. 

“Turtak sought to evade justice by fleeing to Slovakia but the CPS obtained a European Arrest Warrant and he was extradited back to face justice in the UK. In contrast, the victim has shown real bravery and fortitude throughout the investigation and prosecution. This helped us to build a very strong case, working closely with West Yorkshire Police, against the defendant, who, as a result, pleaded guilty to offences of grievous bodily harm with intent and rape.  

“Zdenko Turtak is a violent rapist and clearly poses a very clear and grave risk. The victim’s courage has ensured that he is now facing 14 years in prison, where he will no longer be a threat to the public.”

Background

The victim was in the Beeston area of Leeds waiting for a bus home when she was viciously raped and attacked on 5 March 2015.

Zdenko Turtak grabbed the victim, covering her nose and mouth so she was unable to scream or breathe. The defendant carried her to a nearby garden and using a stone he had in his jacket pocket hit her 18 times. Once the victim was unresponsive, Turtak raped her.

Before the rape and attack on the victim took place, CCTV evidence suggests he stalked three other women in Leeds.

Zdenko Turtak left the UK on 27 March 2015.

“Holy man” who sexually assaulted woman during naked healing ritual is jailed

A self-appointed holy man has today been sentenced at Birmingham Crown Court to two years’ imprisonment after he pleaded guilty to sexually assaulting a woman during a supposed “healing ritual” in her home in February 2014.

Syed Shah, aged 29, from Stechford, Birmingham visited the victim and ordered her to undress, and then under the guise of healing her he sexually assaulted her.

The victim notified the police and Shah was arrested. He denied being anywhere near to the location of the assault, however, his mobile phone data was analysed which then put him near to the scene of the crime.

The defendant was subsequently charged and pleaded guilty to sexual assault.

Claire Nicholls, Senior Crown Prosecutor from the West Midlands CPS Rape and Serious Sexual Offences Unit, said:

“Syed Shah promoted himself within his local community as a holy man and therefore someone who had a position of responsibility and more importantly trust. He breached this trust and preyed on a vulnerable victim who he assaulted for his own personal sexual gratification. He used his position of authority as a holy man and healer to pressurise the victim into consenting to sexual acts. This meant she did not consent freely which is required in law.

“I would like to take this opportunity of thanking the victim who came forward and supported the prosecution case which has enabled us to bring to justice a very dangerous sexual predator.”

Response to reports in The Sun Newspaper - 16 October 2015

A number of inaccurate claims have been made in The Sun newspaper today, which we have clarified below.

The Sun has reported in its editorial that the Director of Public Prosecutions ‘upped the efforts’ in Operation Elveden. This is not true. In fact, in April this year, a comprehensive re-review of Operation Elveden was held in light of a Court of Appeal judgement and the Director decided that the CPS would offer no evidence in cases against nine journalists, and instead only proceed against three.

In addition, the editorial claims that the Director let Tom Watson ‘bully’ her into investigating allegations about Leon Brittan. Not only does the CPS not carry out investigations, as we have previously made clear, the CPS at no point made any request to the Metropolitan Police Service (MPS) that they reopen their investigation into Lord Brittan. As we have already outlined to The Sun, Lord Brittan was interviewed by the MPS before the CPS had forwarded correspondence from Mr Watson relating to the allegations made.

As is normal when we receive correspondence relating to operational police matters, the letter from Mr Watson was forwarded by CPS London staff to the relevant officer for their information. It is for the police to decide whether or not, or how, they will investigate an allegation that is referred to them. The CPS has no power to direct them and did not seek to do so.

Finally, the Sun misrepresents the Director’s comments in relation to complaints of rape and sexual assault. The Director has always made it clear that it is for the prosecution to prove the guilt of a defendant, including in cases of rape and sexual assault. We ask what made the defendant reasonably believe that consent was given, and what made the complainant think that it was not. There is certainly no assumption that any woman who wakes up with lack of memory of the night before has a rape case to pursue. The burden of proof has not changed and the law is clear – it is for the prosecution to prove that an offence takes place. This misrepresentation perpetuates the damaging myth that rape prosecutions take place if a woman simply regrets her actions of the night before. That is simply not the case.

Operation Elveden retrial of Jamie Pyatt and Chris Pharo

A CPS spokesperson said,

“After careful consideration, following the re-review of Operation Elveden this year, the Crown Prosecution Service determined that the case against Jamie Pyatt and Chris Pharo met both the evidential and public interest requirements of the Code, so this matter was put before a jury.

“It is right that a jury, rather than the CPS, decides whether a defendant is guilty or not. The CPS is duty-bound to prosecute cases which provide a realistic prospect of conviction and are in the public interest. This test is significantly different to that of a jury, which must only convict if they are assured of guilt beyond all reasonable doubt. The case was allowed by the judge to progress to a full trial and we respect the verdict of the jury today.

“This case in particular involved allegations of multiple payments to a corrupt public official in areas where the public should generally expect confidentiality.”

Clarification on Tom Watson MP letter

A CPS Spokesperson said:

“The DPP received a letter from Tom Watson MP in May 2014. The majority of the concerns raised by Mr Watson were operational matters concerning the police. As such, the DPP simply confirmed to Mr Watson that she would forward his correspondence on to the police to address. The CPS has no power to direct the police in operational matters, including the conduct of a criminal investigation, and the decision to interview a suspect is a decision for the police alone.”

Bishop Ball sentenced to 32 months imprisonment

Jaswant Narwal, Chief Crown Prosecutor for CPS South East, said:

“Peter Ball has admitted that he abused his power to groom and exploit vulnerable young men. As a Bishop in the Church of England, he was expected to provide spiritual leadership to young people following their faith. Instead, he breached that trust, causing profound and lasting suffering to his victims.

“This was an extraordinarily complex case with several legal challenges mounted by the defence before admitting guilt. The offences of indecent assault and misconduct in public office may have taken place many years ago, but Peter Ball must now face the consequences of his actions.”

The charges are:

• Misconduct in public office between 1977 and 1992
• Indecent assault on a boy, aged 12 or 13, in 1978
• Indecent assault on a man, aged 19 or 20, between 1980 and 1982

15 year old jailed for part in international terror plot

A 15 year old boy from Blackburn has today been sentenced to detention for life for his part in a plan to attack ANZAC Day memorial celebrations in Melbourne.

The court heard that the boy had sent over 3000 messages to a fellow plotter in Australia and that they had discussed a plan to kill police officers.

The plot was foiled following arrests in both the UK and Australia before any attack could be carried out.

Sue Hemming, Head of Special Crime and Counter Terrorism Division at said: “It is clear from cases such as this one that those who have been radicalised do not have to leave the UK in order to pose a threat to the public and the wider world.

“The plan to attack during the national day of mourning for the military dead of Australia and New Zealand was hatched by these individuals on different sides of the world and it was shocking in its brutality and scope.

“It is vital that we bring the full force of the law to bear on those who would seek to radicalise others or assist in preparation of acts of terror, regardless of where they or their targets are in the world.”

Additional Information

Australia and New Zealand Army Corps Day (ANZAC Day) takes place every 25 April and commemorates all those from the armed forces of Australia and New Zealand who have died in wars, conflicts and peacekeeping operations.