CPS News Brief

Clarification of our position regarding cases involving Mr Mahmood

CPS Spokesperson said: 

“Following todClaay’s media coverage, we should clarify that the CPS is not initially reviewing convictions in cases involving Mazher Mahmood. 

“The safety of convictions is of paramount importance to the CPS. Following the halting of the trial of Ms Contostavlos and Mr Coombs we took steps to identify current and past convictions involving Mr Mahmood as a prosecution witness. In those cases identified we are providing to representatives of the relevant defendants – or the defendants themselves as necessary - a disclosure pack, which includes details of material which might cast doubt upon the safety of a conviction.

“We are providing this information to defence representatives to allow them to consider whether there is any basis for their client’s case to be referred to the Court of Appeal or to the Criminal Case Review Commission (CCRC).  The CPS will then carefully consider any grounds of appeal served. Any next steps are now for those defence representatives to consider.”

No further action taken in relation to alleged football match-fixing

A CPS spokesperson said:

“A file was passed to the CPS in July 2014 from the National Crime Agency in relation to alleged football match-fixing in 2013. This case involved evidence in relation to 13 suspects. The reliability of the evidence of one alleged witness in particular had to be very carefully considered in light of recent events in the trial of R – v – Contostavlos and Coombs. This was not the only evidence that was considered and when all the evidence submitted by investigators was carefully reviewed in accordance with the Code for Crown Prosecutors it was decided that there was insufficient evidence to provide a realistic prospect of conviction.

“We have informed the NCA of this decision and they have written to the suspects announcing that no further action will 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.”

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.

A4e employees found guilty of fraud and forgery

Ines Cano-Uribe, Matthew Hannigan-Train and Hayley Wilson have today been found guilty of conspiring to make false instruments on the Inspire to Aspire contract to cover up fraudulent claims. Ines Cano-Uribe, a contract manager, was also found guilty with administrator Zabar Khalil of a separate count of forgery.

In addition, six defendants pleaded guilty before the trial to 48 counts of forgery and related conspiracy offences.

They will be sentenced on 30 March 2015 in Reading Crown Court.

Lisa Rose, specialist fraud prosecutor at the CPS said:

“This scheme involved blatant deception on behalf of the defendants. Instead of helping people back into work the defendants created false clients and false paper trails for future audits. This criminal abuse of their position and responsibility was simply to boost the company’s performance and increase the amount of money it received.

“The defendants claimed A4e had helped find jobs for people who were in fact already employed, people who had never come to A4e for help, and even for some A4e colleagues who had not even used the scheme to join the company.

“For an organisation with such aspirational aims and goals, it is very disappointing that the defendants behaved so dishonestly. Instead of spending time helping those who genuinely needed to find work these defendants were tirelessly covering their tracks, not to mention causing considerable losses to the public purse.”

Lewis Daynes sentenced for murder of Breck Bednar

Teenager Lewis Daynes was sentenced to life imprisonment today for the murder of Breck Bednar, 14, in a case described by CPS East of England Chief Crown Prosecutor Jenny Hopkins as “shocking”, given the young ages of those involved. 

Ms Hopkins said: “Our case was that Lewis Daynes, even though he was only 18 when he committed Breck’s murder, was a controlling and manipulative individual who carefully planned this crime.

“He groomed Breck online using their shared interest in computer games and over a period of months he manipulated Breck, turning him against his family. 

“A month before the tragic event of Breck’s death, Daynes was clearly organising and planning, buying duct tape and other items online. He gave Breck a mobile phone and also sent instructions by text on the lies Breck should tell his family so he would be able to visit Daynes’ home in Grays, Essex.

“We have seen cases where young people have been groomed online but it is rare for it to culminate in such a dreadful and violent murder.

“The degree of planning and manipulation by Daynes is shocking and when you consider the young ages of perpetrator and victim, it stands out as one of the most cruel, violent and unusual cases we have dealt with.”

Daynes had originally pleaded not guilty to the murder of Breck Bednar on 17 February 2014 but changed his plea to guilty at the start of his trial on 25 November 2014. 

At the sentencing hearing in Chelmsford Crown Court on 12 January 2015, prosecuting counsel Richard Whittam, QC, told the court that the Crown’s case was that this was a sexually or sadistically motivated murder. This was disputed by the defence and after hearing from expert witnesses, judge Mrs Justice Cox ruled that she accepted the Crown’s argument. 

Taking this into account, the judge sentenced Daynes to life imprisonment with a minimum tariff of 25 years.

Ms Hopkins said: “I hope the life sentence passed today sends out a clear message that the CPS will prosecute robustly those who prey on young victims online. I also hope that the sentence brings some small comfort to the family and friends of Breck who have suffered a terrible loss in truly appalling circumstances. Our thoughts are with them.”

 

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NOTES TO EDITORS

1. At the start of the sentencing hearing, prosecuting counsel Mr Whittam told the judge that CPS East of England had decided not to prosecute Lewis Daynes in relation to a separate rape case and were offering no evidence against him on four charges in that matter.

2. The charges in that case are: rape, attempted rape and two charges of causing a person to engage in sexual activity without consent between 1 April 2011 and 10 July 2011.

3. The prosecution also offered no evidence on a charge against Daynes of making an indecent photograph of a child on 30 August 2011.