CPS News Brief

Essex man convicted of harassing family of murdered soldier Lee Rigby

Christopher Spivey has been convicted today of harassing the family of murdered soldier Lee Rigby after a two day trial at Chelmsford Magistrates’ Court.

Chief Crown Prosecutor for CPS East of England, Jenny Hopkins said:

“Mr Spivey posted a number of comments on social media about the murder of Fusilier Rigby which were very upsetting to his family and friends.

“People can and do post all kinds of comments on social media and are not prosecuted for them, but in this case we were satisfied that the posts crossed the line into criminal behaviour targeted at the Rigby family. 

“The prosecution’s case was that the combination of the postings, containing a mixture of grossly offensive remarks about the Rigby family, upsetting assertions surrounding the murder, and the publication of details of two of the family’s homes, could not be justified under freedom of speech.

“After hearing all the evidence, the court has found Mr Spivey’s behaviour in uploading these posts amounted to the harassment of Lyn Rigby and Sara McClure, Fusilier Rigby’s mother and sister.”

Mr Spivey was convicted of harassment of Mrs Rigby and Ms McClure and also of two charges of sending a message by means of a public electronic communications network that was grossly offensive or of an indecent, obscene or menacing character. Sentencing was adjourned to 27 August 2015.

Ms Hopkins said: "Everyone should be able to go about their daily lives free from harassment caused by someone deliberately making grossly offensive messages about them on social media.

“We take allegations of this kind very seriously, especially where there is evidence of a course of conduct which causes fear or distress to someone, and which in this case made the victims feel unsafe in their own homes.” 

 

Two men convicted of manslaughter of an off-duty police officer

Andrew Taylor and Timmy Donovan have today been found guilty by a jury of the manslaughter of off-duty police officer Neil Doyle who died on 19^th December 2014.

Helen Morris, Senior Crown Prosecutor at CPS Merseyside and Cheshire, said:

“Neil Doyle, a recently married off duty police officer, was enjoying a Christmas night out with colleagues when they were subjected to an attack by the defendants Andrew Taylor and Timmy Donovan.

“Following the attack Andrew Taylor and Timmy Donovan left the scene and continued to enjoy their night out, whilst their victims were taken to hospital where Neil Doyle tragically died later from an injury caused by the assault. His friends and fellow police officers Robert Marshall and Michael Steventon were also seriously injured.

“Neil’s family and friends spent last Christmas mourning his death and we hope that today’s verdicts will bring some comfort, knowing that those responsible have been brought to justice.”

Background

Off duty police officers Neil Doyle, Robert Marshall and Michael Steventon were in Liverpool City Centre enjoying a pre-Christmas night out with colleagues on 18 December 2014. Timmy Donovan, Andrew Taylor and Christopher Spendlove were also on a night out. It was Christopher Spendlove’s 30^th birthday.

Neil Doyle and his friends were assaulted by Andrew Taylor and Timmy Donovan and, tragically, Neil Doyle died in the early hours of Friday 19 December from his injury. His colleagues, Robert Marshall and Michael Steventon both suffered injuries which required hospital treatment.

Andrew Taylor and Timmy Donovan will be sentenced on 11 September.

Convictions

Christopher Spendlove was found not guilty of all counts.

Count 1: murder: All NG

Count 2: manslaughter: Andrew Taylor – G, Timmy Donovan - G

Count 3: S18 wounding with intent in relation to Robert Marshall: Andrew Taylor - G, Timmy Donovan - G

Count 4: S20 unlawful wounding in relation to Robert Marshall: All NG

Count 5: S18 causing grievous bodily harm with intent to Michael Steventon: Andrew Taylor - G                                   

Count 6: S20 inflicting grievous bodily harm on Michael Steventon: All NG

 

 

Almost £700,000 recovered from family convicted of slavery, as new law comes into force

The CPS has recovered almost £700,000 from William, Brida, James and Johnny Connors, who were convicted along with another member of their family in December 2012 of slavery-related offences. The defendants beat their victims and forced them to work for as little as £5 a day, and were found guilty of conspiracy to require a person to carry out forced or compulsory labour. The assets recovered include a red convertible Mini, a caravan park and a Yacht Master steel watch. We are also awaiting payments from assets including houses, land and a VIP caravan.

This prosecution and asset recovery work are brought using existing legislation, however the CPS expects the Modern Slavery Act 2015, which comes into force today, to further strengthen such cases. The Act not only clarifies the law regarding the prosecution of these crimes, but also extends asset recovery and introduces reparation orders to confiscate assets from those convicted, and in many cases given directly back to the victims.

Nick Price, Head of CPS Proceeds of Crime said:

“Close to three quarters of a million pounds has been recouped in this case and we expect to reclaim even more. This follows the successful prosecution of the Connors for slavery-related offences. The defendants’ lifestyles were markedly different to those they forced to work for them in punishing and gruelling conditions.

“Modern slavery is a cruel, selfish crime. The introduction of this Act is a positive step in the road to ensuring that not only those directly involved in the crime, but also those who assist it, are held to account.

“We have been working hard to ensure that our prosecutors and the police are trained and informed about these changes. It is vital that we build strong, creative cases and work closely with police from an early stage to build a prosecution. It is hoped that the new Act will provide opportunities for us to support and prosecute more of these cases.”

The Solicitor General Robert Buckland QC MP said:

“Slavery is an affront to humanity and has no place in our society. The Modern Slavery Act 2015 is one of the first in the world to specifically address slavery and trafficking in the 21st century. These new rules give law enforcement the tools they need to target today's slave drivers and ensure that perpetrators can be severely punished.”

More information:

The CPS is currently updating its legal guidance on the Modern Slavery Act 2015 for prosecutors, and has been undertaking training both with prosecutors and police to ensure that the strongest cases can be brought to the courts. We are encouraging early consultation with police so that we not only charge the right offences, but can also start to build robust cases as early as possible.

Our work with police and our guidance for prosecutors also emphasises the importance of ensuring victims of these crimes are kept engaged throughout the entire process. Often, victims are targeted for these crimes because of their extreme vulnerabilities (e.g. learning or physical disabilities), so prosecutors are encouraged to use special measures, and be inventive in doing so, wherever they can. This could include live link evidence or identification, and it is particularly important that we strengthen our relationships with prosecutors and police from different countries to ensure that this can take place, whatever the circumstances of the case.

The CPS has a network of specialist prosecutors who work with priority countries to assist delivery of criminal investigations, prosecutions and develop the rule of law. They also help to develop the law in this area. This network is an important resource for criminal justice agencies, providing casework assistance to improve prosecutions across a range of serious crime threats. We continue to work with Government colleagues and partners, including the Anti-Slavery Commissioner, to tackle obstructions to international investigations and casework and also to identify the ‘priority’ countries for trafficking and modern slavery where we should focus particular effort.

Confiscation Orders and amounts paid:

Johnny Connors- Size of order: £305,480.83 Balance outstanding: £275,311.26

William Connors – Order: £1,674,912.38 Balance outstanding: £1,279,850.91

Brida Connors - Order: £139,175.24 Balance outstanding: £ 0.00

James Connors – Order: £135,000. Balance outstanding: £0.00

Three men sentenced for murdering teenager

Three men have today been sentenced for the murder of 17 year old Jordan Campbell who died on New Year’s Day 2015. They were sentenced to a total of 61 years.

Ruben Hoather and Daniel Wiltshire pleaded guilty to murder at an earlier hearing, whilst Anthony Wood was found guilty of murder by the Jury on 9 July.

Mairead Neeson, Senior Crown Prosecutor at CPS Merseyside and Cheshire said:

“Jordan Campbell had been celebrating the New Year at a party with the very men who later went on to brutally murder him.

“Jordan Campbell died, aged just 17, after he was stabbed in the back. His attackers then tried to cover up their crime, even attempting to burn his lifeless body to try to obscure the injuries they had inflicted.

“Now, instead of the New Year being a time for celebration, for Jordan Campbell’s family and friends it will be a reminder of their loss. We hope today’s sentence will be of some small comfort to them.”

Sentencing details for murder:

Daniel Wiltshire – 21 years

Anthony Wood – 21 years

Ruben Hoather – 19 years

Additional information

Anthony Wood pleaded guilty at an earlier hearing to perverting the course of justice for lies he told in a witness statement that he gave to investigating officers before he became a suspect, for which he was sentenced to 18 months, concurrent.

John Berry sentenced to life for lodger’s murder five years after knife attack

A 44 year old man from Wigan, has been sentenced to life imprisonment and must serve a minimum of 19 years for murder after a man he attacked with a knife died from the effects of his injuries almost five years later.    

In 2008 John Berry was convicted after a trial of wounding his lodger Dean Owen on 21st  May 2007 at the flat they shared in Orrell, near Wigan.   In 2014 he was charged with murder following Mr Owen’s death in Wigan Hospital on 19 May 2012.

Mr Owen suffered a large, deep stab wound to his abdomen during the assault.   Expert medical evidence showed that medical complications linked to the serious injury caused his death.  A jury at Liverpool Crown Court found John Berry guilty of murder within an hour of retiring to consider their verdict.  

John Berry attacked Dean Owen on the evening of 21st May 2007.  Berry had returned home and became angry with the victim because of his behaviour and after arming himself with a machete and a large kitchen knife he stabbed him causing two wounds, one of which was very serious.  Dean Owen called 999 and was taken to hospital by ambulance where he received emergency surgery and remained in hospital for several months.  Between 2007 and 2012 he spent a great deal of time in and out of hospital.  He underwent a number of operations and over the years had a considerable amount of medical treatment.

A post-mortem concluded that the cause of death was septicaemia caused by complications from his ongoing medical condition as a result of the original stab wound and the necessary surgery in 2007. 

Ben Southam, Deputy Head of the Complex Casework Unit, CPS North West, said:

“The stab wound that John Berry inflicted on Dean Owen was a life-threatening and life-altering injury.   From the day that he received the serious injury until the day that he died, Dean Owen was never free from the great damage that it caused him.  It affected him on a daily basis and his quality of life suffered a great deal. 

“John Berry stabbed Dean Owen in the stomach with considerable force.  He  intended at the time either to kill him or at least cause him really serious harm and this stab wound eventually lead to Dean’s death.    After an earlier trial before Dean died John Berry was found guilty of wounding with intent, but murder is of course a much more serious offence and he will now serve a further prison sentence for that crime. 

“Dean Owen suffered many difficulties and eventually lost his life because of the devastating injury inflicted by John Berry, and I am pleased that justice has been served today for Dean and his family.  My sympathies and thoughts remain with them.  I am also grateful to the jury for their close attention to the complex medical evidence during the trial.”

In sentencing John Berry the Judge ordered that he serve the minimum tariff of 19 years minus 6 years, 2 months and 20 days he has already served in custody, as a result of the sentence imposed for the wounding offence.

John Berry was previously convicted in 2008 of section 18 wounding with intent to do grievous bodily harm.  He was sentenced to 8 years in prison and served 4 years. 

Mohammed Ammer Ali found guilty of trying to buy ricin

Today at the Old Bailey, Mohammed Ammer Ali, 31, from Liverpool, has been found guilty of attempting to acquire a poison, Ricin.

The court heard how Ali had sought to buy the deadly toxin from the Evolution Marketplace, a black market website hidden in what is known as the “dark web”.  However, the person Ali attempted to buy the toxin from was an FBI agent posing as a seller who then alerted North West Counter Terrorism Unit leading to Mr Ali’s arrest.

Head of the CPS Counter Terrorism Division, Sue Hemming, said:

“The jury has today roundly rejected Mohammed Ali’s claim that he was trying to understand the workings of the dark web and wanted to buy ricin, a deadly toxin, for a ‘peaceful purpose’.

“Ricin is a naturally occurring poison which is fatal even in very small doses. Ali knew the dangers of ricin and had been researching poisons for months before he attempted to obtain it. The evidence also showed that he was planning to test it on an animal that he was hoping to buy.

“Today shows yet again that even in the case of crimes committed in the darkest corners of the internet, criminals can be caught and convicted.”

Robert Ewing and Gareth Dewhurst jailed in case of missing schoolgirl, Paige Chivers

Robert Ewing and Gareth Dewhurst have been jailed for their parts in the murder of Paige Chivers. Ewing was found guilty of murder and has been sentenced to life imprisonment with a minimum tariff of 33 years. Dewhurst was found guilty of assisting Ewing to dispose of Paige Chivers’ body and has received a total sentence of 8 years imprisonment.  Both men have also been found guilty of perverting the course of justice.

Paige Chivers was 15 when she went missing in Blackpool at around the time of the Bank Holiday weekend in August 2007.  She was a vulnerable teenager whose mother had died only six months earlier. Her body has never been found.

Joanne Cunliffe, from CPS North West Complex Casework Unit said:

“At the time of her disappearance Paige had very little stability in her life and Robert Ewing took advantage of this.  He was a middle-aged man who befriended her, not for any charitable reasons, but because he had an inappropriate sexual interest in her.  Although we will never know the exact circumstances, the jury in delivering their guilty verdict have found that soon after Paige went missing he killed her in his flat.  Gareth Dewhurst knew about the murder and helped Robert Ewing dispose of her body. 

“Neither of the defendants has ever shown any remorse and over the years since Paige went missing they have done everything they could to cover their tracks, to divert enquiries away from them and try to put the blame on other people.  Robert Ewing in particular has attempted to lay false trails and obstruct the police investigations through a series of concocted explanations about the evidence. 

“The CPS and the police have remained determined throughout to uncover the truth and to bring justice for Paige.  We have worked closely from the outset of this investigation, painstakingly piecing together hundreds of items of evidence and hundreds of witness statements to build a strong case and enable the jury to see through the defendants’ lies.  

“Because Paige’s body has never been found this has been a very complex case, firstly to prove that Paige was dead, not just missing, and then to prove that Robert Ewing murdered her.

“My sincere sympathies are with the family of Paige Chivers.  Despite the outcome today the trial has been a difficult and painful time for them.  I hope they can take some comfort in knowing that Robert Ewing and Gareth Dewhurst have now received justice.”

Details

Robert Ewing was sentenced to life imprisonment with a minimum tariff of 33 years for murder. He was also given 3 years for perverting the course of justice, to be served concurrently.

Gareth Dewhurst was sentenced to 7 years for assisting an offender and 12 months for perverting the course of justice, to be served consecutively.