CPS News Brief

Teacher's "discipline" was assault and bullying says North West CPS Chief

Nazir Afzal, Chief Crown Prosecutor, CPS North West Area said:

“Irfan Patel was in a position of trust to the children in his class and his actions went far beyond what was acceptable in disciplining those in his care. His treatment of the children to whom he was supposed to be providing spiritual teaching and guidance amounted to systematic bullying. They were very young boys who should have expected to be safe when they attended classes at the mosque.

“The punishment that Irfan Patel used was not appropriate chastisement, it was assault and bullying and it is a crime. I hope that this case and other convictions of teachers for assaulting pupils in mosques will give young people and their parents the confidence to report this sort of bullying and ill treatment. I hope it will also serve as a reminder to others who are using similar punishments that we will prosecute where the police refer evidence to us of assaults or ill treatment of children, wherever it happens.”

NOTE: Patel was sentenced today at Preston Crown Court to 40 weeks' imprisonment suspended for 18 months, after he earlier pleaded guilty to four charges of child cruelty at a mosque in Blackburn.

Man imprisoned for Bernie Ecclestone blackmail plot

Martin Peckham was today sentenced at Southwark Crown Court to five years’ imprisonment for a blackmail plot involving the family of Bernie Ecclestone.

CPS London Crown Advocate Peter Zinner said:

“Peckham purported to be a mercenary that was aware of a kidnap plot involving a gang of criminals from the Middle East. He contacted the family and told them for £200,000 he would deploy a team of men to effectively take out the kidnap gang.

“Whatever his motivation, this dreamed up plot was simple but menacing enough to wrack up the fear in the Ecclestone household. It elicited an immediate and devastating effect upon the family.

“Although this plot was fairly amateurish and committed it seems by a fantasist, it was executed with persistence and determination and is aggravated by the period of time that family was kept in fear.”

Note: The charge was ‘Blackmail between 20th June and 4th July 2012’.

Two go on trial for defrauding Christian philanthropists following successful extradition

The trial of George Katcharian and Cemal Esmene is opening at Norwich Crown Court. They are accused of defrauding the New Apostolic Church in Germany and Mr Graham Dacre, a Norfolk businessman and philanthropist.

Jane Mitchell, reviewing lawyer for the CPS Central Fraud Division said:

“George Katcharin was arrested in Germany in December 2011 on a European Arrest Warrant. The Crown Prosecution Service successfully sought his extradition so that he could stand trial here on serious allegations of fraud.

“When I considered all the evidence from this case, including much from abroad, under the Code for Crown Prosecutors, I concluded there was a realistic prospect of conviction and that a prosecution was in the public interest.

“Katcharin faces two counts of conspiracy to defraud over proposed investment schemes which the prosecution say mislead and deceived both the New Apostolic Church and Mr Dacre. Cemel Esmene is also accused of defrauding Mr Dacre.

“Both men face further counts for money laundering conspiracies for transferring alleged criminal property to bank accounts in the UK and Lichtenstein.”

The trial is expected to last four weeks.

The defendants are charged as follows:

George Katcharin faces two counts of conspiracy to defraud, contrary to common law:

1. It is alleged that between, 31 March and 31 May 2008 he provided false information concerning a proposed investment scheme that misled and deceived the New Apostolic Church. Cemel Esmene is also charged with the count relating to the New Apostolic Church.

2. It is alleged that between 30 September and 31 December 2007, Katcharin provided false information concerning a proposed investment scheme that misled and deceived Mr Graham Dacre.

Both face counts of conspiracy to launder criminal property contrary to S1 (1) Criminal Law Act 1977:

1. It is alleged that between 31 March and 5 April 2011, they conspired to conceal, disguise or transfer criminal property, namely the funds of the New Apostolic Church, Germany, into a UK bank account.

2. It is alleged that between 30 September 2007 and 5 April 2011, they conspired together to conceal, disguise or transfer criminal property, namely the funds of the Graham Dacre, into a Lichtenstein bank account.

CPS authorises prosecution of Kent police officers for misconduct in public office following death in custody

Mr Colin Holt died from positional asphyxia at his home in Gillingham, Kent, on 30 August 2010, while under police restraint.

The Independent Police Complaints Commission (IPCC) has investigated the incident and has asked the Crown Prosecution Service whether any criminal charges should be brought against the officers from Kent Police responsible for his restraint.

The case was reviewed under the Code for Crown Prosecutors which has two stages: firstly, whether there is sufficient evidence for a realistic prospect of conviction and, secondly, whether a prosecution is required in the public interest.

Rene Barclay, Principal Crown Advocate with the Special Crime team said:

“I have advised the IPCC to obtain summonses for PC Maurice Leigh and PC Neil Bowdery. Both officers will face a single count of misconduct in public office, contrary to the common law.

“It is alleged that on 30 August 2010, whilst acting as a police officer, namely as a police constable, PC Leigh and PC Bowdery misconducted themselves in that, without lawful justification or excuse, they wilfully neglected to take reasonable and proper care of Colin Holt, a person in police detention.

“On the evidence I have reviewed, I am satisfied that there is a realistic prospect of conviction and that the public interest requires a prosecution.

“PC Leigh and PC Bowdery will now be summonsed on a criminal offence and have the right to a fair trial. As proceedings are now active, it is extremely important that nothing should be reported which could prejudice this trial."

Both officers will appear at Medway Magistrates’ Court on 8 October 2012.

Andy and Tracey Ferrie will not face charges over shooting of intruders

A Leicestershire couple involved in the shooting of intruders at their home will not face charges. Judith Walker, Chief Crown Prosecutor for CPS East Midlands said:

“Andy and Tracey Ferrie were released on police bail yesterday (Tuesday 4 September 2012) after being questioned about the shooting in the early hours of Sunday morning at their home near Melton Mowbray.

“Earlier this afternoon, the head of the East Midlands Complex Casework Unit, Lawrence English, visited the scene of the incident to see for himself whether the accounts given by Mr and Mrs Ferrie were consistent with other evidence of what happened.

"Looking at the evidence, it is clear to me that Mr and Mrs Ferrie did what they believed was necessary to protect themselves, and their home, from intruders.

"As Crown Prosecutors we look at all cases on their merit and according to the evidence in the individual case. I am satisfied that this is a case where householders, faced with intruders in frightening circumstances, acted in reasonable self defence.

“The law is clear that anyone who acts in good faith, using reasonable force, doing what they honestly feel is necessary to protect themselves, their families or their property, will not be prosecuted for such action.

“We have therefore advised Leicestershire Police that Mr and Mrs Ferrie should be released from their bail as they will not face any charges over what happened.”

NOTES

We are not able to go into great detail about the circumstances of the incident as there are ongoing cases against two men for burglary, and the police investigation into other suspects is continuing.

Daniel Mansell pleaded guilty at Loughborough Magistrates’ Court on 5 September 2012 to burglary, and has been committed for sentence to Leicester Crown Court on 25 September 2012. He was remanded in custody.

Joshua O’Gorman appeared at Loughborough Magistrates’ Court on 5 September 2012 charged with burglary and has been remanded in custody for committal on 19 October 2012. He has an interim video link hearing on 14 September 2012.

Two charged with murder of businesswoman Carole Waugh

Two men have been charged with the murder of businesswoman Carole Waugh.

CPS London Head of Homicide Daren Streeter said:

“I have today authorised the Metropolitan Police Service to charge Rakesh Bhayani and Nicholas Kutner with murder between 15 and 19 April 2012.

“The murder charge relates to the death of 50-year-old businesswoman Carole Waugh.

“The decision was taken following a careful review of the evidence and in accordance with the Code for Crown Prosecutors.”

They will appear at Croydon Magistrates’ Court on 16 August.

Notes:

• Rakesh Bhayani (05/03/1972) is also facing three charges of conspiracy to commit fraud by false representation.
• Nicholas Kutner (05/02/1965) is also facing four charges of conspiracy to commit fraud by false representation.

CPS decision on alleged ill treatment of patients at Solar Centre, Doncaster

Richard Hebbert, lawyer in the Complex Casework Unit for CPS Yorkshire and Humberside:

“I have today authorised South Yorkshire Police to commence proceedings for a prosecution against four people relating to the ill-treatment and wilful neglect of patients receiving treatment for mental health disorders at the Solar Centre at St Catherine’s Hospital, Doncaster.

“They are James Hinds with 14 charges; Susan Murphy with 13 charges; Julie Burge with three charges, and Michael Barnard with eight charges. All four were working at the Solar Centre at time the offences are alleged to have occurred.

“The charges relate to 18 patients, both men and women, and occurred between January 2005 and March 2007. “

"A full review of all of the evidence in this case has been conducted and I am satisfied that there is sufficient evidence and it is in the public interest to prosecute.

“James Hinds and Susan Murphy have been summonsed to appear at Doncaster Magistrates’ Court on 28 August 2012.

Julie Burge and Michael Barnard will appear at Doncaster Magistrates’ Court on 10 September.”

Newstead Abbey Metal Thief Sentenced to 18 months

Gurshoron Bhattie today pleaded guilty to theft of metal from Newstead Abbey, the historic Nottinghamshire home of poet Lord Byron.

Judith Walker, Chief Crown Prosecutor for CPS East Midlands said:

“Gurshoron Bhattie has pleaded guilty to stealing lead from Nottinghamshire’s historic Newstead Abbey. In pursuit of what he must have perceived as quick, easy money, he has shown complete disregard for this historic property, enjoyed by thousands every year.

“The impact of this selfish offending is much wider than just the value of the metal he stole. Repairing the damage will cost Newstead Abbey significantly more than what Bhattie received for it, and the original antique fittings are lost forever.

“Theft of metal from historic properties is taken extremely seriously by the Crown Prosecution Service, and we have issued legal guidance for such cases, to ensure the full criminality is prosecuted when cases meet the two tests of the Code for Crown Prosecutors.”

Former Lloyds Banking Group head of digital banking fraud and security pleads guilty to fraud

Jessica Harper, formerly the interim head of fraud and security for digital banking for Lloyds Banking Group, has today pleaded guilty at Southwark Crown Court to one count of fraud by abuse of position and one count of money laundering.

Sue Patten, Head of the CPS Central Fraud Division said:

“Jessica Harper has today been convicted of the type of crime the bank employed her to combat. The evidence in the case was clear and left Harper with little choice but to plead guilty. In doing so, she has admitted to a huge breach of trust against her former employer.

“Harper was expected to safeguard the financial interests of the bank. Instead, she submitted false invoices totalling more that £2.4 million over a period of four years. She has also pleaded guilty to laundering the funds of the fraud.”

Background Information:

Harper pleaded guilty to two charges:

• One count of fraud by abuse of position contrary to the Fraud Act 2006 relating to false invoice payments totalling £2,463,750.88 between December 2007 and December 2011.
• One count of concealing, disguising, converting, transferring, or removing criminal property contrary to section 327 of the Proceeds of Crime Act 2002, between 18 February 2008 and 21 December 2011.

She will be sentenced on 21 September 2012.

Statement on Winterbourne View abuse case

Head of the CPS South West Complex Casework Unit, Ann Redropp, said:

“Safety and security, and the ability to live free from fear and harassment, are fundamental human rights. The kind of offending that took place at Winterbourne View undermined these rights in an appalling and systematically brutal way.

“The CPS has treated these as disability hate crimes, which we regard as particularly serious. Disability hate crimes are based on ignorance, prejudice and hate. Disabled people can be victims of crime due to their perceived vulnerability, particularly where there is an unequal relationship, such as where the perpetrator is the victim’s carer.

"At Winterbourne View, people who should have been able to trust their carers had that trust cruelly and repeatedly abused."

 

Iftikhar and Farzana Ahmed convicted for murder of Shafilea Ahmed

Iftikhar and Farzana Ahmed have been convicted at Chester Crown Court for the murder of their daughter Shafilea Ahmed in 2003 and sentenced to life imprisonment.

Paul Whittaker, Chief Crown Prosecutor for CPS Mersey-Cheshire, said:

“Shafilea Ahmed was 17 when she died and her 26th birthday fell during the course of this trial. The tragic circumstances of her death must be the focus of our thoughts today.

“Despite the best efforts of the defendants to derail the investigation into her death by subverting witnesses including their own children, the Crown Prosecution Service and Cheshire Police have worked tirelessly to gather the evidence and present it to a jury. The statement of Alesha Ahmed, Shafilea’s younger sister, was crucial to our case and today’s result is a testament to her courage over the last two years.

“There are many ways to describe what happened to Shafilea: child abuse, domestic violence and honour based violence being just three. However you choose to characterise it, the CPS is committed to convicting perpetrators such as the Ahmeds. But to do that we need victims and other family members to break ranks and give evidence as Alesha Ahmed did. If you do come forward, this case has shown that the justice system will not let you down.

“The word “shame” has been heard many times during the course of this trial, but the shame is not on Shafilea, it is on her parents.

“Why did they abuse her? Why did they kill her? Put simply, it was because she challenged their regime and refused to conform to their expectations. She wanted to choose how she lived her life and who she married, choices that are fundamental freedoms for any citizen of the United Kingdom.

“There is no honour in murder and Iftikar and Farzana Ahmed are now starting life sentences for abusing and killing their daughter.”

Hans Rausing admits preventing lawful burial

48 year old Hans Kristian Rausing has pleaded guilty today (1 August 2012) at Isleworth Crown Court to one count of preventing lawful and decent burial and one count of driving whilst unfit through drugs.

For preventing the lawful and decent burial of Eva Rausing, the defendant has been sentenced to ten months imprisonment suspended for two years. He must complete a residential drug rehabilitation treatment programme and that will commence immediately.

For driving whilst under the influence of drugs the defendant has been sentenced to two months imprisonment concurrent to the above sentence suspended for two years. He has been disqualified from driving for two years. He must complete a residential drug rehabilitation treatment programme and that will commence immediately.

If Hans Rausing re-offends or fails to complete the drug rehabilitation requirement of his sentence within the two year period of the suspended sentence then he will be sent to prison.

CPS London Head of Homicide Gary Dolby said:

“When making the decision to charge Hans Rausing with preventing the lawful burial of Eva Rausing, the Crown Prosecution Service gave careful consideration as to whether a prosecution was in the public interest.

“Mr. Rausing has well documented personal problems which no doubt contributed to his actions in the weeks following his wife’s death. However, he went to some lengths to conceal her body despite numerous opportunities to tell someone what had happened. This resulted in Mrs Rausing’s family being unaware of her death for some time after it happened.

“His actions were unlawful and it is right that he now has a criminal conviction.”

Brothers sentenced for fundraising for acts of terrorism

Deb Walsh, Deputy Head of the CPS Counter-Terrorism Division said:

“Mohammed Shabir Ali and Mohammed Shafik Ali have today been convicted and sentenced for raising funds for their elder brother’s terrorist activities in Somalia.

“The court heard how the twins were found in possession of a document titled ’44 Ways to Support Jihad’ and raised approximately £3000 in support of their brother’s suspected training and insurgency fighting in Somalia. They also sought instructions on how best to approach potential donors.

“This was a case that demonstrates the network of international support that funds acts of terrorism and in turn seeks to threaten lives. The Ali brothers now face three years in prison for their criminal acts.”

Background Information:

Shabaaz Hussain was arrested at the same time as Shabir and Shafik Ali and was subsequently charged. He pleaded guilty to 7 counts of funding contrary to section 15 of the Terrorism Act 2000 and was sentenced on 9 March 2012 to 5 years and 3 months imprisonment. This funding was in relation to the men in Somalia.

Clarification on decision making in Paul Chambers case

The DPP was not the reviewing lawyer in the case of Paul Chambers, but in June he did instruct the team managing it to consider conceding the appeal. This was considered and progressed, however, at a later stage the DPP was advised that, as a matter of law, conceding the appeal would not be possible. This is because it was not possible because the key finding of fact in the case was a finding of the Crown Court, which only the High Court could overturn. The DPP accepted that advice and reluctantly agreed that the appeal had to proceed.

Violence against women and girls - correct figure for offenders

A letter from the Women’s Resource Centre, published in the Guardian this morning, incorrectly said 15,000 offenders are being brought to justice in cases involving violence against women and girls. In fact, 15,000 more offenders are brought to justice in a year than there were four years ago.

In a speech about violence against women and girls on Monday, 23 July 2012, the Director of Public Prosecutions, Keir Starmer QC, announced that in 2011-12 we saw the highest conviction rate for these crimes of 73 per cent. Out of 91,000 cases prosecuted – up from 75,000 in 2007-08 ­– there were 67,000 convictions.