CPS News Brief

Statement following sentencing of Ian Paterson

 

 

Pamela Jain, CPS Specialist Prosecutor, said:

 

"This case related to an abuse of one of the most important relationships in our society – the trust between patient and doctor.

 

"Ian Paterson repeatedly abused that trust by carrying out unnecessary major medical surgery over more than a decade.

 

"He knew the procedures were not needed but carried on regardless, inflicting unlawful wounds on his patients.

 

"Working closely with the police, the Crown Prosecution Service was faced with the difficult task of selecting the appropriate charges and evidence to put before the court.

 

"Using clear and detailed presentations to show the medical circumstances of his victims, we demonstrated to the jury how Paterson’s actions went far beyond those that any reasonable surgeon would have taken.

 

"The impact of Paterson’s actions on his victims has been devastating, from the unnecessary distress of undergoing procedures they did not need, to the scars that will always serve as a physical reminder of what their doctor, Ian Paterson, did to them.

 

"The victims’ courage in coming forward to give evidence enabled the CPS to secure Paterson’s conviction. I hope that today’s prison sentence provides them with a sense of justice being served."

Four men convicted of people trafficking

Four men have been convicted today (May 26) for their involvement in a people trafficking ring which abused and exploited Polish workers as modern slaves.

Sabastian Mandzik, 40, Robert Majewski, 45, Pawel Majewski, 27, and Seweryn Szymt. 20, were involved in a large scale operation, which transported vulnerable people to the north east of England on the promise of well-paid work.

The victims were housed in cramped conditions and forced into minimum wage jobs, with their salaries paid into bank accounts controlled by the criminal gang. Any resistance was met with violence and intimidation.

The men were today found guilty at Newcastle Crown Court of offences including conspiring to transport people for exploitation, conspiring to force people into labour and conspiring to conceal criminal property.

Jim Hope, from the CPS, said:

“The treatment of the victims and the conditions in which they were made to live were truly appalling.

“Once this group became aware of the police investigation, they made a calculated effort to remove or destroy any evidence linking them to this case.  Despite their attempts, the CPS worked closely with detectives to build a complete picture of the scale and scope of their criminal operations.

“The CPS will continue to work alongside its criminal justice partners to tackle cases of modern slavery.”

Ends

Notes to editors

1.    Jim Hope is a Senior Crown Prosecutor for CPS North East.

2.    All four men were found guilty of two counts of conspiring to require a person to perform forced or compulsory labour and one count of conspiring to conceal, disguise, convert, transfer and remove criminal property.

Sebastian Mandzik was convicted of one additional charge of conspiring to arrange or facilitate the travel of another person with a view to that person being exploited.

3.    The four men will be sentenced at Newcastle Crown Court on Tuesday 30 May.

Firm guilty of manslaughter over London balcony fall

 

A construction firm has today (May 19) been convicted of the manslaughter of two workers who died after falling from a central London balcony. Its director was convicted of health and safety offences.

Martinisation (London) Ltd and Martin Gutaj had denied corporate manslaughter and related health and safety offences but were convicted of all charges following a trial at the Central Criminal Court.

The trial heard how Tomasz Procko, 22, and Karol Symanski, 29, fell to their deaths after the railings at a flat in Caodgan Square gave way in November 2014. The men had been attempting to haul a heavy sofa up onto the balcony using ropes with only the Victorian railings for safety. 

Nick Vamos, from the CPS, said:

“Martinisation Ltd and its director Martin Gutaj showed an appalling disregard for the safety of their employees, with terrible consequences.

“Sadly, this incident was entirely foreseeable and preventable. Neither was it an isolated breach. The evidence put forward by the prosecution clearly demonstrated to the jury how these tragic deaths were part of a pattern of serious neglect of basic health and safety.

“Our thoughts are with the families of Tomasz and Karol.”

Sentencing will take place in due course.

Ends

Company directors jailed following fatal roof fall

Three company directors have been jailed today (May 19) following the death of a man who fell while working at a warehouse in Essex.

 

Nikolai Valkov, 63, died in hospital after falling through the roof of a warehouse in Harlow on 13 April 2015.

 

At Chelmsford Crown Court, Koseoglu Metalworks Ltd admitted an offence of corporate manslaughter and its sole director, Kadir Kose, admitted an offence under the Health and Safety at Work Act (HSWA).

 

Ozdil Investments Ltd denied corporate manslaughter and a HSWA offence but was convicted following a trial at Chelmsford Crown Court. Two of its directors, Firat Ozdil and Ozgur Ozdil, were convicted of a HSWA offence.

 

At the court today Firat Ozdil was jailed for one year, Ozgur Ozdil for 10 months and Kose for eight months.

 

The court heard how Ozdil Investments Ltd was the owner of the warehouse in question, called Ozdil House, where the roof needed repairs.

 

Both the Health and Safety Executive and Harlow District Council issued warnings to the company about the dangers involved in the repair work and specifically the need for safety measures such as netting to be put in place.

 

Despite this, Firat Ozdil and Ozgur Ozdil paid their friend Kose and his company Koseoglu Metalworks Ltd to carry out the work without netting or other safety measures.

 

The court heard Koseoglu Metalworks Ltd had no experience of roofing work and the fee paid by the Ozdils was approximately £100,000 less than a recognised roofing contractor would have charged.

 

Kose did not carry out a risk assessment at the site and sent staff employed by his company onto the roof without training.

 

While working on the roof, Mr Valkov stepped onto a discoloured skylight and fell to his death.

 

Luke Bulpitt, from the CPS, said:

“By ignoring the safety measures they knew were required, the Odzils and their company risked the lives of everyone working on the roof in an attempt to save money. 

“Kadir Kose and Koseoglu Metalworks undertook the work to the roof without taking any appropriate safety steps, gambling with the lives of their employees.

“Faced with the evidence against him, Kose and Koseoglu Metalworks admitted their guilt but the Ozdils and their company contested the charges. However, having heard the compelling case put forward by the prosecution, the jury returned guilty verdicts.

“Our thoughts remain with the family of Mr Valkov.”

 

The prosecution followed an investigation by Essex Police. 

Twelve jailed over high speed road race that killed four young people

Two men have today (May 19) been jailed for nine years for their part in a high-speed road race which left four people dead.

 

In addition, 10 of 11 further defendants who went to watch the illegal race also received jail sentences today after the CPS successfully demonstrated they had encouraged those involved to break the law. Sentencing on the remaining member of the group was adjourned to a later date.

 

Driver Daniel Raynor, 24, and his passenger Matthew Todd, 23, were racing a high-powered car at speeds of over 140mph along a road in West Yorkshire in September 2015, when the vehicle hit a quad bike. The four young people on the bike - Brandon Brown, Ryan Beal, Terrie Kirby and Alexandra Binns - were killed instantly.

 

Today, Raynor and Todd were both sentenced to nine years imprisonment at Leeds Crown Court after pleading guilty at an earlier hearing to four charges of causing death by dangerous driving. 

 

The group of 11 people who had travelled to watch the illegal race were also sentenced to between nine months and a year in prison today – nine had pleaded guilty to encouraging or assisting dangerous driving and two were convicted after trial.

 

Ed Hulbert, from the CPS, said:

“This was an appalling tragedy. Four young people had their lives cut short needlessly by individuals who participated in reckless timed racing encouraged by a group of ‘spectators’. 

“Working with the police, we were able to build a very strong case, and 11 of the defendants, including the driver and passenger in the car, pleaded guilty before trial.  We were able to demonstrate that those present were actively encouraging the dangerous driving, which ultimately caused these deaths.  

“This case will hopefully act as a deterrent to people who might be tempted to drive in such a thoughtless and dangerous way, or anyone who might encourage others to do so.”

 

Ends

 

Notes to editors

 

- Ed Hulbert is a Senior Crown Prosecutor with CPS Yorkshire and Humberside.

 

Charges and sentences

 

- Causing death by dangerous driving:

Daniel Raynor – nine years imprisonment and 15-year driving disqualification

Matthew Todd - nine years imprisonment and 10-year driving disqualification

 

- Encouraging or assisting dangerous driving:

Stephen Hebden – 12 months’ imprisonment

Nathan Jackson  - 12 months’ imprisonment

Gemma Layton  - 42 weeks’ imprisonment

Jason Ogilvie  - 46 weeks’ imprisonment

Andrew Kirkwood  - 42 weeks’ imprisonment

Clarke Henfrey  - 46 weeks’ imprisonment

Samuel Rowley  - sentencing adjourned to a later date 

Mark Mason  - 46 weeks’ imprisonment

Jack Dickinson-Ellis  - 46 weeks’ imprisonment

Jake Hackleton  - 46 weeks’ imprisonment

Jacob Ward  - 46 weeks’ imprisonment

Prosecutors recover £3.3m from Essex VAT fraudster

 

A businessman who was jailed for six years for a large-scale VAT fraud has been ordered to pay back over £3.3million to the taxpayer.

Robert Waterman, of Essex, had created a fake trade in computer memory sticks to fraudulently claim millions in VAT repayments between June 2013 and April 2015.

He spent the proceeds on UK properties, a Range Rover, a Mercedes, a Lexus and a Spanish holiday home.

Shortly after his arrest the CPS took action to restrain his assets and at a hearing at Chelmsford Crown Court on Thursday (May 18), a judge ruled that Waterman must pay back over £3.3million within three months or face a default eight-year prison sentence if he fails to pay.

The court heard £2.3million will be recovered almost immediately from his restrained assets.

Diana Cottrell, from the CPS, said:

“Robert Waterman used taxpayers’ money to fund a lavish lifestyle including expensive houses, fast cars and luxury holidays.

“By working with HMRC investigators to quickly freeze his assets and secure today’s court order, we have already recovered a significant amount of money for the public purse, with more to follow. 

“In taking swift action we have ensured Waterman will not benefit further from the proceeds of his crimes."

Ends

Notes to Editors

- Diana Cottrell is a Specialist Prosecutor with CPS Proceeds of Crime

- In the original case, Robert Waterman pleaded guilty to cheating the public revenue, money laundering, furnishing false documents with the intent to deceive in relation to fraudulent VAT returns, operating a company while a banned director and absconding while on bail.

- He was jailed for six years at Chelmsford Crown Court in October 2016 and was banned from acting as a company director for ten years.

- Thursday’s judgment ruled that Waterman benefited from his crimes in the amount of £5,053,541 and has available assets of £3,354,173. He has £2,358,528 in bank accounts which have already been restrained by the CPS and this money will be recovered immediately.

- The remaining money will be recovered through sales of property, cars, jewellery, hidden assets and ‘tainted gifts’.

Drivers jailed following fatal pursuit

 

Two drivers who caused the death of a young woman after they pursued her through the streets of Cardiff have been jailed today (Friday 12 May).

Sophie Taylor, 22, died after the car she was driving span off the road and into a building during the incident in the early hours of August 22 last year. Joshua Deguara, who was a passenger in the car, received life-changing injuries in the incident.

Melissa Pesticcio, 24, was convicted of causing death by dangerous driving and causing serious injury by dangerous driving following a trial at Cardiff Crown Court. Michael Wheeler, 23, pleaded guilty to the same two offences.

The court heard that all of those involved in the incident knew each other. Pesticcio and Wheeler began pursing Sophie Taylor after she drove past them at a set of traffic lights. Wheeler’s vehicle made contact with Sophie Taylor’s, causing it to leave the road.

Janine Davies, of the CPS, said:

“Wheeler and Pesticcio used their cars to frighten and harass Sophie and Joshua, with tragic consequences.

“The jury had to consider whether the standard of Pesticcio’s driving fell far below that of a careful and competent driver. The evidence presented to them demonstrated that it did.

“We thank Joshua for giving his evidence in court. He and his family, along with Sophie’s family, have been supportive throughout the process and we thank them for their bravery.”

Ends

Notes to Editors

·         Janine Davies is a District Crown Prosecutor with CPS Cymru-Wales.

·         Melissa Pesticcio was sentenced to six-and-a-half years in prison

·         Michael Wheeler was sentenced to seven-and-a-half years in prison

Four men jailed for £7million investment scam

Four men who pressured hundreds of investors into buying worthless “rare earth metals” have been jailed today (Thu 11 May).

Christopher Sabin, 46, Tobias Ridpath, 52, William Berkeley, 53, and Nicholas Start, 36, were convicted of fraud offences following a trial at Blackfriars Crown Court.

The trial heard how the group operated in two companies under the names “Denver Trading” and advertised an investment opportunity in rare earth elements.

The sales were made through a series of brokers, including a company called London Commodity Market which had offices in Canary Wharf and of whom Start was the sole director.

The men convinced investors to part with their money – often five-figure sums – but in fact the returns being promised never materialised as there is no viable market for resale. In total investors paid more than £7million to the fraudsters.

Naheed Hussain, from the CPS, said:

“These men deliberately and persistently targeted hundreds of members of the public through high-pressure selling of commodities which in reality had no resale potential. Their actions caused significant financial hardship to their victims, some of whom lost their life savings.

“The CPS worked with the police to analyse the complex financial evidence and build a compelling case, resulting in the guilty verdicts returned by the jury.”

Ends

Notes to Editors

·         Naheed Hussain is Deputy Head of the CPS Specialist Fraud Division 

·         All four defendants were convicted of one count of conspiracy to defraud.

·         The sentences passed by the judge at Blackfriars Crown Court were as follows:

Christopher Sabin – 9 years’ imprisonment, 15-year director disqualification order

Tobias Ridpath – 9 years’ imprisonment, 15-year director disqualification order

Nicholas Start - 7 years’ imprisonment, 10-year director disqualification order

William Berkeley – 4 years’ imprisonment, 6-year director disqualification order

Couple jailed for decade of child abuse

A couple who carried out a prolonged series of sexual assaults, child cruelty and drug supply that lasted over a decade have been jailed today (Mon 8 May).

Nicholas and Joan Taylor, of Northampton, preyed on vulnerable children and systematically abused them, repeatedly committing serious sexual offences against nine child victims.

The Taylors used cocaine, threats of violence, force and humiliation to manipulate their victims into being subjected to sexual acts. Five of the children involved were raped on numerous occasions. This offending has had a significant impact on all those involved.

Today at Leicester Crown Court, Nicholas Taylor was sentenced to life imprisonment and Joan Taylor was sentenced to 18 years in prison.

Janine Smith, from the CPS, said:

“To prosecute Nicholas and Joan Taylor the CPS was presented with evidence from multiple victims of a sustained period of abuse. They had committed so many offences that prosecutors were faced with the challenge of selecting charges and presenting the evidence in order to give a clear picture of the abuse to the jury and to enable the court could pass a sentence reflecting the offending.

“The Taylors were found guilty of over 90 separate offences and we argued that both present a real danger to society. 

“The victims have given moving personal impact statements to the court to make clear the profound impact that the Taylors’ offences have had on their lives. They have shown great strength and courage to come forward to ensure that the Taylors have faced the consequences of their crimes.

“I would like to commend them for supporting the prosecution with their evidence. It cannot be easy but today they have seen their abusers imprisoned and I hope that this will be of comfort to them.” 

Ends

Background

·         In preparing the case for trial, prosecutors at the CPS East Midlands Complex Casework Unit and prosecuting Counsel decided to include a large number of counts on the indictment to accurately reflect the extent of the defendants’ offending. As part of the sentencing hearing, victims have given victim impact statements to the court, so that the court can understand how the offences have affected them.

·         The Taylors were convicted after a six-week trial at Leicester Crown Court. Nicholas Taylor had previous convictions for serious sexual offences.

·         Janine Smith is the Chief Crown Prosecutor for CPS East Midlands.

Building manager jailed over falling window frames which killed Amanda Telfer

A building manager has been jailed over safety failures which resulted in the death of a woman who was killed by falling window frames.

Passerby Amanda Telfer, 43, died after being hit by three falling window frames as she was walking past a construction site in Hanover Square, London, on 30 August 2012.

The frames had been delivered to a construction site and left leaning, unsecured against a wall.

Kelvin Adsett, 64, was responsible for placement of the frames and the failure to secure them. He was sentenced to 12 months’ imprisonment today [5 May] at the Central Criminal Court after being found guilty of manslaughter following a trial at the Central Criminal Court.

IS Europe Ltd, the company which employed Adsett, was found guilty of health and safety charges. It would have been fined £100,000 in today’s sentencing but it had only £250 left in its bank account after falling dormant.

Damian Lakin-Hall, 50, was the site manager employed by Westgreen Construction. He was sentenced to a six month prison sentence suspended for two years after he was found guilty of failing to take reasonable care for health and safety.

Graham Partridge, of the CPS, said:

“If Kelvin Adsett, Damian Lakin-Hall and IS Europe had complied with their legal responsibilities, Amanda Telfer would not have died.

“They were delivering and storing large, very heavy window frames and should have known that, unsecured, they presented a serious danger to the public on what was a windy day.

“The CPS case was that the defendants’ conduct was so bad that those involved bore criminal responsibility for Ms Telfer’s tragic death.

“We hope that these convictions will bring some sense of justice for her family.”


Notes
Kelvin Adsett, [10/08/1952], IS Europe employee was found guilty of manslaughter

Damian Lakin-Hall, [01/01/1967], Westgreen project manager was found guilty of failing to take reasonable care whilst at work

IS Europe Ltd – was found guilty of failure to ensure the health, safety and welfare of employees at work, and exposing another to a risk to health and safety

Cambridge University professor sentenced for possessing indecent images

A university professor who admitted possessing almost 2,000 indecent images of children has been given a suspended prison sentence today (Fri 5 May).

Simon Jarvis, 53, of Cambridge, pleaded guilty to a variety of offences, including distributing indecent images to others via the internet.

He was sentenced to 12 months in prison, suspended for two years, at Cambridge Crown Court. He must also attend a course for sex offenders.

Laura Tams, of the Crown Prosecution Service, said:

“Simon Jarvis was found to be in possession of a large amount of indecent images of children, including more than 40 at the most serious level.

“He also used the internet to share images with others and to engage in fantasy conversations about child abuse.

“Prosecutors and investigators worked together to build a compelling case, resulting in the guilty pleas entered.”

The prosecution followed an investigation by the National Crime Agency.

Ends

Notes to Editors

Jarvis admitted the following offences:

2 x Distributing indecent images of children

4 x Making indecent images of children

1 x Possession of extreme pornography

5 x Possession of prohibited images of children

·         Laura Tams is a Specialist Prosecutor with the CPS International Justice and Organised Crime Division.

Man convicted of planning an explosion on a London tube train

A 20-year-old man has today (3 May) been convicted of planning to cause an explosion after leaving a bomb packed with explosives and ball bearings on a London Underground train. 

Damon Smith had constructed the device using instructions taken from an Al-Qaeda-published magazine. 

On 20 October 2016, Smith left the bomb on a Jubilee Line train at Southwark station after setting the timer with the intent of causing an explosion. The bomb, which failed to explode, was found by passengers and passed to staff who cleared the platform.  

 

Sue Hemming of the CPS said:

“Damon Smith’s actions were incredibly dangerous and the consequences had the device worked do not bear thinking about. Although he claimed this was a prank, the bomb he left on the train was clearly designed to cause horrific injuries. 

“I would like to express my thanks to the quick-thinking members of the public and TFL staff for the way they dealt with this incident.”

Former football coach jailed for child sex offences

A former PE teacher and football coach has today (May 2) been sentenced to 24 years in prison for sexual offences against a young boy.

Michael Smee, 39, from Stevenage, was found guilty of sexually assaulting and raping a child under 13 years old, following a trial at Cambridge Crown Court.   He pleaded guilty to four further counts of sexual activity with a child.

The court was told Smee met his victim through football coaching.  The offences took place over a period of more than two years from January 2013 until April 2016.

 

Frances Bush from the CPS said: 

“Smee took advantage of a position of trust and his victim’s love of sport to commit these terrible acts.  

“It is thanks to the victim’s bravery in coming forward and the hard work of specialist CPS prosecutors that he will be unable to continue his offending.”

 -ENDS-

 

Notes for Editors:

 

• Frances Bush is Senior Crown Prosecutor for the Crown Prosecution Service Thames and Chiltern.
• At the time of the offences Smee was employed as a teacher at a school in Hertfordshire and also worked as a part-time football coach.