CPS News Brief

Jason Thaxter found guilty of the murder of his mother’s partner

Jason Thaxter has today (Friday 16 December) been found guilty at Sheffield Crown Court of the murder six years ago of Tommy Groome, his mother’s long-term partner, and conspiracy to prevent the burial of a corpse.  His mother, June Buttle pleaded guilty to manslaughter in 2015 and is already serving a 16 year prison sentence. The body has never been found.

The CPS was able to use evidence from Thaxter’s ex-partner who told the court that he confessed to killing Groome along with his mother. The case also involved a number of international enquiries to obtain evidence and information, particularly from Ireland.  The CPS worked closely with the Irish authorities so witnesses in Dublin could give evidence using a live videolink and were not required to travel to the UK.

He will be sentenced on Monday 19 December.

Senior Crown Prosecutor Mark Langan, Complex Casework Unit, CPS Yorkshire and Humberside said:

“Thaxter and his mother, June Buttle, killed Tommy Groome sometime in early January 2010. 

“His body has sadly never been found and Thaxter and Buttle sought to get away with their crime by weaving a tangled web of lies and deception to cover up his death.

“The CPS was able to call two witnesses who told the court that June Buttle had confessed to killing Tommy Groome. She told one witness in some detail how she and her son had dismembered his body and disposed of it on a bonfire.

“Their motive was a combination of greed after Mr Groome had been awarded a substantial sum of compensation and revenge for the violence which had been a prominent feature of their relationship.

“Six years after his death, justice has been done and today’s verdict means that  both of Tommy Groome’s killers are now facing considerable sentences for their crime.”

101-year-old man found guilty of historic sex abuse

A 101-year-old man has today (Friday 16 December) been found guilty of 21 sexual offences which he committed over two decades.

A jury at Birmingham Crown Court heard how between 1974 and 1983 Ralph Clarke, from Erdington, abused the three victims at his home, his garden shed and in his lorry. 

The decision to prosecute him was taken in accordance with the Code for Crown Prosecutors. Clarke’s age and well-being were considered but given the serious nature of the offences, breach of trust and vulnerability of the young victims, it was decided that a prosecution was in the public interest.  

The prosecution team also provided investigative advice to the police, helped identify further witnesses and other material evidence and they examined a total of 85 documents.

Today, Clarke has been found guilty of the following offences:

·         Indecent assault x 12

·         Indecency with a child x 9  

He pleaded guilty to two counts of attempting to commit buggery, five counts of indecent assault on male and two counts of indecency with a child.

The defendant will be sentenced on Monday 19 December.  

Claire Nicholls, Senior Crown Prosecutor from the West Midlands Crown Prosecution Service’s Rape and Serious Sexual Offences Unit, said:

“Ralph Clarke used fear and intimidation to control his victims and sexually abuse them. He took full advantage of their young age and the situation in order to carry out his offences. 

“For over 40 years Clarke thought that he had got away with his crimes. Due to the courage of the victims we were able to bring him to justice and I would like to thank them for their support throughout this difficult and sensitive prosecution.”

Online DJ jailed for illegal file-sharing

An internet pirate who facilitated more than 600,000 illegal music downloads and sought to make money from his website was jailed today.

After the prosecution built a strong case against him, Wayne Evans, 39, admitted infringing the copyright of artists in the UK Top 40 Singles Chart by making their music available illegally through his website. Though Evans did not charge website users per download, he created a facility on the site to accept donations.

Investigators identified in excess of 600,000 files shared by Evans via illegal file-sharing websites including deejayportal.com, which Evans promoted using his personal social media profiles on Facebook, Twitter and LinkedIn.

Evans, of Liverpool, was sentenced to 12 months in prison at Liverpool Crown Court today.

Sarah Place, Specialist Prosecutor at the CPS Specialist Fraud Division, said:

“By illegally sharing files online Wayne Evans knowingly and deliberately took money away from the music industry.

“His actions threatened the livelihood of all those working in the industry, not just the household names we are all familiar with.

“This case demonstrates that anyone running websites of this nature risk prosecution for their actions.”

Evans admitted two counts of copyright infringement and one count possessing or controlling articles for use in the fraud.

Additional information:

·         The Police Intellectual Property Crime Unit of the City of London Police and the Performing Rights Society for Music jointly investigated this case before referring a file to the CPS for a decision on charging.

·         The CPS brought proceedings and on Friday 7 October 2016 and Wayne Evans pleaded guilty to the charges against him (detail below).

·         Evans infringed copyright through use of ‘torrent’ websites. These give internet users access to digital material hosted on the torrent network, which includes music, eBooks, software and films.

·         Evans used www.deejayportal.com to link other users of the torrent website to ‘UK Top 40’ music and ‘Acapella’ songs. He also uploaded songs regularly, contributing to other torrent websites’ music stores. Whilst torrent websites can be used for both copyright and non-copyright materials, Evans’ offences relate to music products with copyright.

Details of charges:

Wayne Evans was charged with two charges of Distributing Material Infringing Copyright, Contrary to section 107(1)(e) of the Copyright, Designs and Patent Act 1988. He was also charged with one charge of Possession of Articles for use in Fraud, Contrary to section 6 of the Fraud Act 2006.

Businessman who killed his wife and tried to burn the house down jailed for life

 

A former City trader who knocked his wife unconscious, set her body on fire and then took his dog for a walk has been jailed for life today.

Darren Byrne, 40, murdered his wife Maria at their home in Theydon Bois, Essex, in February this year. A jury at Chelmsford Crown Court found him guilty of murder and arson on Monday (December 12) following a three-week trial.

The court heard how after dousing Maria in white spirit and setting her body alight, Byrne had turned on the gas hob and left the property with his dog in the apparent hope the house would explode or burn down. However, on his return Byrne found the house intact and instead told police there had been an accident.

At Chelmsford Crown Court today, Byrne was sentenced to life imprisonment with a minimum tariff of 24 years.

Punam Malhan, CPS East of England Senior District Crown Prosecutor, said:

“Darren Byrne concocted an elaborate alibi to cover up that he was responsible for the murder of his wife after she discovered he was continuing with an affair he had promised was over.

“Finding his plan had failed he claimed there had been an accident and his wife had burned to death while cooking him a bacon sandwich.

“Initially he was treated as a grieving husband but tests showed his wife was unconscious when the fire started and white spirit on her body. 

“He had the motive, means and opportunity and we were satisfied there was sufficient evidence to prosecute him for murder and arson being reckless as to whether life is endangered.

“Our thoughts are with the family of Mrs Byrne and we hope the sentence imposed can give them some comfort.”

Immigration fraud gang jailed

A gang which arranged for proxies to sit English languages tests on behalf of students - or supplied the answers – have been jailed.

The defendants made more than £500,000 from students who were seeking visa extensions but were convicted after trial following a prosecution by the CPS Specialist Fraud Division

The court heard how, if a substitute was not used, the group would simply read out the answers in the language tests. As well as cheating in exams, they also provided forged bank statements and academic records to help non-EU citizens in the UK on student visas extend their stay.

Harinder Kumar, Mohammed Hasan, Shaheen Ahmed and Talal Chowdhury were found guilty of conspiring to breach immigration law following a trial at Southwark Crown Court.

The jury failed to reach a verdict on two other defendants - Hemant Kumar and Wahida Sultana – who will face a retrial in the New Year.

Kristin Jones, Head of the CPS Specialist Fraud Division, said:

“This scheme involved manipulating language tests and falsifying paperwork in order to meet the relevant criteria for visa extensions.

“The prosecution evidence showed the defendants systematically and persistently used their knowledge of the system to make a significant amount of money for themselves.

“We are grateful to the BBC Panorama team for their assistance in this case, which included obtaining compelling evidence which demonstrated the group’s actions to the jury.”

Ends

Notes to Editors

- Harinder Kumar, 31, of Southall, Mohammed Hasan, 37, of Dagenham, Shaheen Ahmed, 33, of Orpington and Talal Chowdhury, 33, of Rainham, were all convicted of conspiring to facilitate the commission of breaches of immigration law.

-       Kumar was sentenced to three years imprisonment.

-       Hasan was sentenced to five years imprisonment.

-       Ahmed was sentenced to eight years imprisonment and disqualified from being a company director for 10 years. 

- Chowdhury was sentenced to eight years imprisonment and disqualified from being a company director for 10 years.

- The jury failed to reach a verdict in the cases of Hemant Kumar, 40, of Southall, and Wahida Sultana, 38, of Plaistow, who were charged with conspiring to facilitate the commission of breaches of immigration law. Prosecutors have sought a retrial for both defendants, which has been scheduled for May 2017.

- Chowdhury Habib, 32, of Newham, pleaded guilty to one count of conspiring to facilitate the commission of breaches of immigration law at an earlier hearing. He is due to be sentenced on Thursday, December 22.

- The prosecution followed a documentary by the BBC’s Panorama programme and a subsequent investigation by the Home Office Immigration Enforcement Division.

- At an earlier trial in May 2016, also stemming from the Panorama broadcast, four other people were convicted of similar immigration offences and received jail sentences.

Crown Prosecution Service and NPCC launch new Honour-Based Violence/Abuse and Forced Marriage Protocol

The CPS and police have published the first ever joint honour-based violence/abuse and forced marriage protocol today [14 December 2016], outlining their commitment to the successful investigation and prosecution of these crimes. The protocol recognises the importance of strong partnership working between these two agencies.

The protocol highlights the unique complexities of these cases and the barriers victims face in coming forward to report.  For example the potential that these crimes may not only be committed by family members but also by those who are part of the wider community.  Rather than families and communities protecting the victim, they will often protect the perpetrator.  The protocol emphasises the importance for multiagency working and engagement with specialist third sector organisations.

The CPS has led the development of this protocol, as part of a wider commitment to improve performance in this area. The protocol enables police and prosecutors to quickly understand the action they must take when a crime is reported to the police and referred to the CPS for a charging decision, ensuring the safety of the victim is at the heart of the process.

Jenny Hopkins, Chief Crown Prosecutor for CPS East of England and lead on Violence against Women and Girls said: 

“This protocol emphasises how important it is for the police and CPS to work together closely, from the outset, to build the strongest possible cases. These cases are complex and the safety of the victim is vital. 

“So-called honour-based violence/abuse and forced marriage is increasingly being committed online, usually by victims’ families, extended families and communities. We know that offenders follow a course of conduct which is used to control, coerce, dominate or exploit a victim.  

“It is important for police and prosecutors to remember that these cases may involve some of our most vulnerable victims and witnesses who may have the least confidence in the criminal justice process.

”In improving the criminal justice response to these crimes, this protocol is a key step.”

The protocol highlights:

• A number of offences can be committed in the context of honour-based violence/abuse and forced marriage, including common assault, GBH, harassment, kidnap, rape, threats to kill and murder. 
• A victim’s family and/or members of their community may go to great lengths to discover their whereabouts once a crime has been reported. The risks to the victim from their entire family, the offender’s family and the community should be considered – not just the direct risk of the immediate perpetrators on the victim. 
• Cases may involve vulnerable victims and witnesses who may have the least confidence in the criminal justice process. Victims often feel a loyalty to their family/community and this may make them particularly reluctant to support a prosecution. 

National Police Chiefs’ Council Lead for Honour-based Abuse, Forced Marriage and Female Genital Mutilation, Commander Mak Chishty said:

“So-called honour based violence/abuse and forced marriage are distressing and complex crime types which blight, and in some cases take, lives.  Often the victim will feel unable to speak out about the abuse they are experiencing and will suffer in silence. 

“The police service and CPS have an equal role to play in supporting victims and witnesses of these harmful practices whilst bringing offenders to justice. Our focus remains on putting victims, their safety and well-being at the heart of our investigations. 

“I will be working with chief officers across England and Wales to ensure that this protocol is shared and used by officers on the ground.” 

Hannana Siddiqui, Head of Policy and Research at Southall Black Sisters said: 

“Southall Black Sisters welcome this protocol.  It is urgently needed to improve the policing and prosecution of forced marriage and honour based violence, which have a devastating effect on the lives of women and girls from black and minority communities.

“The protocol also recognises the need for the police and CPS to work in partnership with third sector black and minority women’s organisations like ourselves, which are on the frontline of enabling survivors to access the criminal law and support them through the legal process.   

“We hope that this protocol and partnership working will help more women and girls to come forward to obtain both protection and justice.” 

The protocol is a key component of the Honour-Based Violence/Abuse and Forced Marriage Action Plan introduced by the CPS earlier this year. 

The Action Plan also includes:

• Additional training for CPS staff to increase awareness and expertise of prosecutors handling these cases
• Supporting the granting of anonymity for victims of forced marriage
• Raising awareness among prosecutors of specific new and emerging trends (the CPS will work closely with third sector experts and specialist prosecutors on this)
• Examining how forced marriage offences are being prosecuted currently, to take steps to address identified issues

Other information:

• CPS has data on cases flagged as forced marriage, as well as those which have been considered and prosecuted under the new forced marriage legislation. In 2015-16, the volumes of forced marriage referrals (90), cases charged (57)and prosecuted (53) were the highest volumes ever recorded. 60.4% (32) of these cases were successful. 

• There were five prosecutions under the specific forced marriage offence in 2015/16 – these involved five defendants prosecuted in two cases. Both prosecutions were unsuccessful as the victims withdrew their support for the prosecution. There were six prosecutions for a breach of a forced marriage protection order in 2015/16. One defendant was successfully prosecuted and another was convicted of more serious offences. Two were unsuccessful due to victim issues, and one was unsuccessful at trial. 

The protocol can be found here.

Teenager sentenced for Talk Talk hacking offences

A teenage computer hacker who shared information online about weaknesses in the website of communications giant Talk Talk has been given a rehabilitation order today.

 

The 17-year-old used software illegally to hack the website and then posted information about the vulnerability on a website accessible to others.

 

In addition to Talk Talk, the websites of Cambridge and Manchester universities were also targeted by the youth, who admitted seven offences under the Computer Misuse Act.

 

He was sentenced to a 12-month youth rehabilitation order at Norwich Youth Court.

Laura Tams, Specialist Prosecutor from the CPS Organised Crime Division, said:

 

“This case involved the deliberate exposure of a security issue on the Talk Talk website which is used by thousands of people every day.

 

“Through analysis of online chats and other digital footprints, prosecutors were able to demonstrate exactly how the defendant found this weakness and shared the details online.”

 

 

Two men jailed for giving money to Brussels bombings suspect

Zakaria Boufassil, 26, and Mohammed Ali Ahmed, 27, were jailed today at Kingston Crown Court for preparation of acts of terrorism.

Ahmed withdrew over £3,000 – mostly taken from housing benefit payments – from a bank account set up by a third man who is now believed to be fighting for Daesh in Syria. Ahmed and Boufassil  then gave the money to Mohammed Abrini, also known as the “man in the hat”, a suspect linked to the Brussels terror attack in March 2016. Abrini had travelled to the UK to meet the men and collect the money. Ahmed assumed the money would reach the third man now believed to be fighting for Daesh.

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

“These men have been jailed today because they handed over money with the intention that it would support international terrorism. 

“It is clear that you do not need to leave the country to be prosecuted for preparing terrorist acts or assisting others to do so. Offences can be committed in your bank, your place of work, even in your own home. If you prepare or help others to prepare acts of terrorism then you can be prosecuted and, as this and other recent cases have demonstrated, in all likelihood jailed.” 

Notes to Editors 

Details of sentences:

• Zakaria Boufassil was sentenced to three years in prison, with a further year to be served on licence.
• Mohammed Ali Ahmed was sentenced to eight years in prison, with a further year to be served on licence.