CPS News Brief

Construction manager jailed for manslaughter after site death

A construction manager has today, 30 June, been jailed for gross negligence manslaughter, after a workman was crushed to death on a building site.

Andrew Winterton, 52, was in charge of the site, being developed by his company Conquest Homes at Collyweston, Northamptonshire.

In September 2014, the walls of a deep trench at the site collapsed, crushing Shane Wilkinson, 33, who was standing near the edge. 

Today Winterton was sentenced to four years in prison. Conquest Homes was convicted of health and safety offences and has been sentenced to a fine of £55,000.

A second man, Dean Wortley, 47, who was responsible for excavating the unsafe trench, was sentenced to 12 months in prison, also for health and safety offences.

During the trial, Northampton Crown Court was told that Winterton had overall responsibility for health and safety at the site.  Wortley dug the drainage trench, without proper preparation or adequate safety measures.

Mr Wilkinson had told friends of at least two previous collapses in the same trench and yet nothing was done to protect those working nearby.

 

Fiona Morrison, from the Crown Prosecution Service, said:

“Throughout their trial, Wortley and Winterton tried to pass the blame for this incident on to others, but the evidence put forward by the prosecution showed the jury the fault was theirs.

“Winterton supervised a building site which was badly run, with poorly-trained workers and he had scant regard for health and safety. Wortley excavated a trench without any professional safety measures. It should have been obvious to both of them that it was highly dangerous.

“The construction industry should be in no doubt that health and safety failures of this magnitude are extremely serious criminal offences, for which managers can be held personally liable.”

--ENDS—

 

Notes to editors

Fiona Morrison is a Specialist Prosecutor in the CPS Special Crime Division

The men and company were sentenced as follows:

 Dean Wortley

• Failure as a self-employed person to ensure the safety of other workers not employed by him - 12 months in prison
• Failing to take all practicable steps to prevent danger. – 12 months in prison
• (Sentences to run concurrently)

Andrew Winterton

• Manslaughter through gross negligence. – 4 years in prison
• Causing a corporate body to commit an offence (2 counts) – 2 x 8 months in prison
• Failure to take reasonable care for the health and safety of himself and others – 12 months in prison
• (Sentences to run concurrently + £20,000 costs)

 Conquest Homes

 Failure of an employer to discharge its duty to ensure the health and safety of its employees.

• Failure of an employer to discharge its duty to ensure the health and safety of other workers on the site.
• Failing to take all practicable steps to prevent danger.

(Fined £55,000 + £30,000 costs) 

 

Back garden chemist jailed for selling controlled chemicals

A man who sold controlled chemicals from a back garden laboratory has today (June 30) been sent to prison.

Dozens of homes in Bridlington, East Yorkshire, were evacuated, after police and an army bomb disposal unit raided Gert Meyers’ property in August last year.  

Meyers, 55, had been selling poisonous chemicals online, which could have been used to make explosive devices.   After local police warned him he needed a Home Office licence, he stopped selling the materials, but continued to operate his laboratory.

Myers pleaded guilty at an earlier hearing to selling a non-medicinal poison on the Poisons List.  Today at Hull Crown Court he was sentenced to eight months in prison and given a Criminal Behaviour Order.

 

Catherine Ainsworth, from the CPS, said:

“Gert Meyers was storing a number of chemicals which were potentially extremely hazardous.  

“The risk was such that surrounding properties were evacuated, and the Royal Logistical Corps was called in to conduct a controlled explosion, at considerable cost.

“This prosecution and the sentencing today underline the very dangerous nature of Meyers’ activities and send out a clear message that this type of activity is not only extremely hazardous, but illegal.”

--Ends--

Notes for editors

• Catherine Ainsworth is a Senior District Crown Prosecutor with CPS Yorkshire and Humberside.

• Chemicals recovered from Meyers’ home included Nitric Acid, Hydrogen Peroxide, Potassium Perchlorate and Potassium Chlorate.

Kevin Adams jailed for gross negligence manslaughter

A man who failed to prevent the death of a sexual partner has been jailed for two years for gross negligence manslaughter today (26 June).

Kevin Adams, 54, was convicted of the offence in relation to the death of Dohoon Kim following a trial at Bristol Crown Court.

Mr Kim’s body was discovered on the floor of Adams’s home in Swindon on 13 June 2015. Adams had called 999 to say Mr Kim was non-responsive.

A post-mortem examination found Mr Kim had died from a combination of his airways being restricted and the effects of drugs he had taken.

Tammy Mears, from the CPS, said:

“Dohoon Kim visited Kevin Adams at his home to engage in activity involving illegal drugs, restraints and the restriction of his air flow.

“Although Mr Kim allowed Adams to place him in a dangerous position, he also trusted him to ensure he came to no harm while he was unable to fend for himself.

“Adams was under a duty to make sure Mr Kim was not harmed and owed him a duty of care.

“The prosecution argued that Adams’ failure in that duty was so serious it amounted to the criminal offence of gross negligence manslaughter and the jury has agreed.

“Mr Kim’s tragic death was avoidable and I hope that this verdict will provide some comfort to his family and friends. I extend my deepest sympathies to them.”

Ends

·         Tammy Mears is a Senior Crown Prosecutor with CPS Wessex

Corrupt bank official jailed for accepting bribes

A corrupt bank official who accepted more than £2million in bribes in return for approving large loans has been jailed for six years today (June 20).

Andrey Ryjenko, 44, was convicted of conspiring to make or accept corrupt payments following a five-week trial at the Central Criminal Court.

The trial heard that Ryjenko, who has joint UK and Russian citizenship, was employed by the European Bank for Reconstruction and Development in a role which required him to consider equity investment and loan applications from firms.

He accepted bribes totalling over $3.5 million between July 2008 and November 2009 which were paid into bank accounts in the name of his sister Tatjana Sanderson.

Ms Sanderson was declared unfit to stand trial but the jury considered her role under a ‘trial of fact’ and decided she was involved in the corruption.

Elspeth Pringle, from the CPS, said:

“Andrey Ryjenko repeatedly abused his position of power within a publicly-funded bank by accepting corrupt payments.

“Despite his efforts to disguise his crimes, the prosecution was able to present a compelling case to the jury, resulting in his conviction and today’s jail sentence.

“This conviction was made possible through effective cross-border partnerships between a number of jurisdictions, including the United States.”

Ends 

Notes to Editors

Andrey Ryjenko was convicted of:

-       conspiring to make and accept corrupt payments - sentence six years in prison

-       concealing, disguising, converting and transferring criminal property (money laundering) - sentence two years in prison (concurrent)

·         Elspeth Pringle is a Specialist Prosecutor with the CPS Specialist Fraud Division

CPS staff recognised in Queen’s Birthday Honours

HONOURED: From left, Helen Phillips, Ed Beltrami and Ruona Iguyovwe.

 

Three members of CPS staff have been recognised today (17 June) in the 2017 Queen’s Birthday Honours list for their hard work and years of service to the organisation. 

Ed Beltrami, Chief Crown Prosecutor, has been made a CBE for services to law and order in CPS Cymru Wales, in particular for being a driving force behind the implementation of the Better Case Management (BCM) programme. It is part of a wider digital initiative to streamline the delivery of justice by reducing the workload, improving performance and providing a better service to victims and witnesses in the Crown Court.  Through his positive approach and personal commitment, he won the confidence and backing of the senior judiciary, with whom he worked closely.  As a result of this, many courts now secure a resolution of half of their cases at the initial hearing. During this time, Ed oversaw prosecutions in the high-profile Operation Pallial investigation into claims of historic child sexual abuse in North Wales care homes.

Ed Beltrami said: 

“I have always regarded working for the Crown Prosecution Service as an immense privilege. Hard working professionals who are dedicated to the delivery of justice operate at all levels of the organisation and it is an honour to serve alongside them. Receiving this honour is more a testament to their abilities and to the support and guidance colleagues have given to me throughout my career.”

Earlier this year, Ed Beltrami took up his new role as the Chief Crown Prosecutor for CPS London North. Ed started working for the CPS in 1988.

Ruona Iguyovwe, Senior Specialist Prosecutor in the International Justice and Organised Crime Division, has been made an OBE for her work as Chair of the National Black Crown Prosecutors Association (NBCPA). Ruona, who has been working for the CPS since 1992, was elected as chair of the NBCPA four years ago and has worked tirelessly to support and promote equal opportunities in the CPS.  In her role she has organised annual conferences, tackling such subjects as female genital mutilation, honour-based crime and Islamophobia. Through her contribution to the development of HR inclusion priorities, the NBCPA won the Race for Opportunity Award for Public Sector Employee Network of the Year.  Also through her leadership, the NBCPA has influenced the development, implementation and evaluation of policies in the CPS, particularly in relation to hate crime. Under her leadership the NBCPA has developed a successful training and mentoring programme, for which she won a national award, and it is recognised as one of the best in the Civil Service.

Ruona Iguyovwe said:

“This Award is a great honour for me to receive and I am grateful to my colleagues, managers, members of the NBCPA, law enforcement and community partners who have over the years helped to support me in my role as a Senior Specialist Prosecutor and my work as Chair of the National Black Crown Prosecution Association. The CPS is a great employer that truly values and promotes diversity and allows everyone to make a valuable contribution regardless of their background or personal characteristics”. 

Helen Phillips, Business Change and Delivery Manager CPS Cymru Wales, has been made an OBE for services to law and order in Wales.  As the digital lead for the area she has helped to modernise the way the service works through the successful introduction of digital working. This has included the successful implementation of the Crown Court Digital Case System and Better Case Management in the Crown Court together with HMCTS partners.  Helen led on the reintroduction of early charging advice to South Wales Police, resulting in cases being progressed more quickly, with better quality decisions and improved multi-agency working. During her time as Area Business Manager for Gwent, Helen introduced the concept of CPS staff working jointly with police staff in a Witness Care Unit. This was a precursor to the National "No Witness No Justice" initiative and subsequently informed the successful implementation of joint CPS/Police Witness Care Units across England and Wales. 

Helen Phillips said: 

“I’m delighted to have been nominated for this honour, but nothing is achieved alone. My colleagues and I work hard to serve all communities in Wales and this is demonstrated by the success of our casework. I am grateful for this recognition on behalf of CPS Cymru Wales.”

Helen joined the CPS when it was first set up in October 1986.

Teacher jailed who arranged for sexual abuse of children jailed for life

 

A teacher who arranged for children in the Philippines to be sexually abused while he watched online from his UK home has been jailed.

Paul O’Neill, 57, admitted multiple child sex offences against children as young as four and was jailed for life with a minimum term of 12 years at Nottingham Crown Court today (June 16).

Among the offences O’Neill admitted were three rape charges, which the CPS was able to bring despite the offending taking place thousands of miles away.

Although the children were abused in the Philippines, the CPS prosecutor advised the police at an early stage of their investigation that it would be possible to prosecute O’Neill for procuring the abuse, using the computer evidence seized in this country.

Examination of his computers revealed the extent of his activities. When transcribed, there were 14,000 pages of chat logs. These showed that he had paid for the abuse to take place and given graphic instructions about what scenes should be depicted.

The court also heard how O’Neill, from Nottingham, continued searching for child abuse material online even after his computer equipment had been seized by the police.

Charlotte Caulton-Scott, from the CPS, said:

“Paul O’Neill presented himself as a respectable citizen through his role as a teacher and work in the community. But behind closed doors he was spending thousands of pounds on exploiting children and putting them through abuse for his own sexual gratification.

“The CPS charged and prosecuted O’Neill for multiple offences of which the most serious were the counts of rape and conspiracy to rape. O’Neill may have been thousands of miles away but because the offences were taking place on his instigation, with him issuing instructions about what was to take place, he was guilty of the offences himself.

“O’Neill treated his victims as commodities, hiding behind the perceived anonymity of the internet, but these were real children suffering horrendous abuse at his direction.”

Ends

Background

• Where the offences that O’Neill commissioned did not involve rape, charges of causing a child to engage in penetrative sexual activity and other offences, including arranging the commission of child sexual offences were used when it was not clear what activity had actually taken place.
• Charlotte Caulton-Scott is a district crown prosecutor from the CPS East Midlands rape and serious sexual offences team.

Company directors and staff sentenced in relation to abuse of Devon care home residents

Four company directors and nine employees have been sentenced in relation to the abuse of vulnerable residents at care homes in Devon.

Atlas Project Team Limited ran the Veilstone and Gatooma homes in Holsworthy, providing care for residents with significant learning disabilities.

During 2010 and 2011 residents were repeatedly and systematically detained in seclusion rooms which had no heating or toilet facilities, and little or no furniture, sometimes for several hours at a time or even overnight.  

From an early stage, prosecutors worked closely with Devon and Cornwall Police to analyse thousands of incident records and interviews with former members of staff. Through this work, a pattern was established which demonstrated that staff had used excessive and inappropriate seclusion as a result of training given to them by senior figures in the company. This allowed the CPS to authorise charges against the directors of Atlas, along with the staff who were directly involved in the abuse.

One of the directors, Jolyon Marshall, was also convicted of perverting the course of justice.  Marshall encouraged one of the residents of Veilstone to run away and, along with two of his staff, made a false complaint of criminal damage against the man so as to have him arrested and removed from the home.

Today (7 June) at Bristol Crown Court, reporting restrictions were lifted following a series of four trials.

 

Huw Rogers of the CPS said:

“The directors and managers at the Atlas care homes created a culture of abuse - unlawfully detaining residents in very poor conditions for long periods of time. 

“This case has been ground-breaking in that the directors and managers of the homes and not just the staff that implemented their policies have been held to account.

“The CPS has worked tirelessly throughout this complex case in partnership with the police to achieve a successful outcome and justice for the victims.  I would like to thank all those who have supported the prosecution case and in particular the residents of the homes and their families.”

 

Notes:

Huw Rogers is Head of the Complex Casework Unit for CPS South West.

Charges and sentences:

• Paul Hewitt (director) - found guilty and sentenced to a fine of £12,500 for the Health and Safety offence of Failing to Discharge a Duty.  He was also ordered to pay prosecution costs of £105,000.

• Jolyon Marshall (director) - pleaded guilty and was sentenced to 10 months imprisonment for Conspiracy to Falsely Imprison and to 8 months consecutive for Perverting the Course of Justice. On 9 December 2016 this was increased from 18 months to 28 months by the Court of Appeal.

• Rachael Marshall (director) - pleaded guilty and was sentenced to 8 months imprisonment, suspended for 2 years for Conspiracy to Falsely Imprison.

• Timothy Stevens (director) - pleaded guilty and was sentenced to 10 months imprisonment, suspended for 2 years, with for Conspiracy to Falsely Imprison.

• Lisa Pluckrose - pleaded guilty and was sentenced to 4 months imprisonment, suspended for 1 year for Perverting the Course of Justice and to the same for one a count of False Imprisonment, concurrently.

• Timothy Berry - pleaded guilty and was sentenced to 4 months imprisonment, suspended for 1 year, with 100 hours unpaid work for Perverting the Course of Justice and to the same for one count of False Imprisonment, concurrently.

• Victoria Cobbett - pleaded guilty and was sentenced to 4 months imprisonment, suspended for 1 year for a count of False Imprisonment.

• Natasha Stapleton - found guilty and sentenced to 12 months imprisonment, suspended for 2 years (concurrent on each count) for 3 counts of False Imprisonment. 

• Christine Kent – found guilty and sentenced to 4 months imprisonment, suspended for 1 year (concurrent on each count) for 2 counts of False Imprisonment.

• Alison Palmer – found guilty and sentenced to a conditional discharge for 2 years for False imprisonment.

• Sarah Eke – found guilty and sentenced to a conditional discharge for 2 years for False Imprisonment.

• Samantha Honey - found guilty and sentenced to a conditional discharge for 12 months for False Imprisonment.

• Chloe Massey-Caines - found guilty and sentenced to a conditional discharge for 12 months for False Imprisonment.