CPS News Brief

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.