CPS News Brief

Teenager convicted of two murders in Colchester‏

A teenager who was only 15 when he stabbed two strangers to death in Colchester in 2014 has been convicted today at Guildford Crown Court of their murder. James Fairweather had previously admitted manslaughter on the grounds of diminished responsibility.

Paul Scothern, head of CPS East of England’s Complex Casework Unit said: “This was a shocking case, particularly because of the young age of the defendant at the time and because the brutal attacks he carried out were entirely random.

“He did not know either James Attfield or Nahid Almanea, the victims did not know each other and the defendant had absolutely no reason to attack them.”

Mr Attfield was found about 6am on 29 March 2014 in a park in Colchester; he had received more than 100 stab wounds during a savage assault and died shortly after being found.

In Ms Almanea’s case the attack was in broad daylight in June 2014 about 10.30am near the University of Essex where she was a student.

Mr Scothern said: “James Fairweather claimed voices and hallucinations compelled him to carry out attacks and he admitted manslaughter on the grounds of diminished responsibility but denied murder. His claims were at the heart of the trial as the prosecution did not accept this was the case.

“We presented expert medical evidence to the jury that his claims were an attempt to deceive those who examined him, to literally get away with murder.

“Our evidence was that he was in control at the time, he knew what he was doing, he prepared for the killings by arming himself with a knife and gloves, and he took steps afterwards to conceal what he had done.

“Our thoughts are with the families of the victims at this time.”

Five guilty for their involvement in importing “deadly weapons” into UK

Harry Shilling and Michael Defraine have been found guilty today at the Old Bailey for their involvement in importing and possessing firearms with intent to endanger life.

Both were involved in organised criminal activity along with David Payne, Richard Rye and Christopher Owen, who pleaded guilty at earlier hearings.

All five were involved in illegally importing 22 assault rifles and nine sub-machine guns. The weapons were brought into the UK on a boat called the Albernina which was moored in Kent.

The prosecution said the importation was planned and paid for by Harry Shilling. He used Michael Defraine to arrange the transportation of the weapons from the continent. Richard Rye was the go-between, arranging the importation through David Payne, the captain of the boat. The prosecution case was that Jennifer Arthy and John Smale helped him purchase the boat and to maintain it, and together with Christopher Owen helped unload its cargo.

Tom Guest, Specialist Organised Crime Prosecutor at the Crown Prosecution Service, said:

“These defendants imported deadly weapons, including 22 assault rifles which fire automatically and have a devastating capability. These guns were working weapons which came with a large amount of ammunition and were clearly intended for use. The evidence showed Harry Shilling intended to use the weapons for his own means, and to arm criminal associates.

“This was a sophisticated operation involving weapons with a lethal capacity. The CPS built a strong case, working with the NCA, Kent Police and international partners, not only around the organised crime gang’s plot to import the weapons – but also about the intentions for their deadly future use.

“The prosecution deployed key evidence of email messages to demonstrate the criminality in this case. The defendants said they were “…now officially gangsters”, they were “proper heavy and armed to the teeth“ and said people should “duck and run for cover”. Harry Shilling described his group as being an “armed cartel” following the importation.

“Each defendant played an important role in this operation and was well aware of the danger of these firearms, and the consequences of their use.”

Additional information

Charges:

Count One: Being knowingly concerned in the fraudulent evasion of a prohibition on the importation of goods, contrary to section 170(2)(b) of the Customs and Excise Management Act 1979.

Count Two: Conspiracy to possess firearms with intent by means thereof to endanger life or to enable another person or persons by means thereof to endanger life, contrary to section 1(1) of the Criminal Law Act 1977.

Harry Shilling – guilty of both counts

Michael Defraine – guilty of both counts

Jennifer Arthy – not guilty of both counts

John Smale – not guilty of both counts

David Payne - pleaded guilty to both counts

Richard Rye – pleaded guilty to both counts

Christopher Owen – pleaded guilty to Count One

DPP welcomes National Stalking Awareness Week

Alison Saunders, Director of Public Prosecutions, said:

“Stalking is a very serious offence. Offenders develop an unwanted fixation or obsession resulting in them continuously seeking to exert control over their victims using a wide variety of means. It can have a devastating effect on victims as it causes fear and distress. It infiltrates victims’ everyday lives in many ways, both physically and psychologically, such as causing them to be afraid of leaving their homes and accessing social media accounts.

“Tackling stalking is a CPS priority. We have provided training for our prosecutors and have appointed stalking leads in every CPS Area. We are also consulting on updated social media guidance which includes a dedicated section on prosecuting stalking and harassment online.

“We will continue working closely with stakeholders and organisations across the criminal justice system to tackle this crime.”

You can find out more about stalking in our legal guidance:

http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/