CPS News Brief

Police officers fined for assaulting man in custody

Gerry Sydenham, Head of the Crown Court Unit at CPS North East, said:

“Every serving police officer has a commitment to ensuring the welfare of members of the public, including those brought into custody. As such, there are clear, stringent guidelines governing exactly how and when people are to be restrained and the level of force appropriate to this.

“The overwhelming majority of police officers operate in strict accordance with these guidelines, often despite challenging circumstances, and as a result cases of this nature are incredibly rare.

“In this case, however, the use of force was both unnecessary and unlawful and the actions of the officers amounted to assaults upon the victim Mr Healer, making a prosecution wholly appropriate.”

Two serving officers from Durham Constabulary were today fined a total of £750 and ordered to pay costs totalling £1300 at Teesside Magistrates Court, after being found guilty of assaulting a man in custody.

Sgt Stephen Harvey and DO Michael Mount were each found guilty of two counts of assault against their victim, David Healer, while he was detained at Peterlee Police Station in March of last year. Sgt Harvey was ordered to pay a fine of £450 and £900 costs and DO Mount a £350 fine and £400 costs.

The case was brought by the Crown Prosecution Service after an investigation by the Independent Police Complaints Commission (IPCC).

Charging announcement regarding The Spectator magazine

CPS London Chief Crown Prosecutor Alison Saunders said:

“The Crown Prosecution Service has today (9 May 2011) informed the publishers of The Spectator magazine of our decision to charge them with an offence under Section 83 of the Criminal Justice Act 2003, in relation to an article by Rod Liddle about the recent Stephen Lawrence trial.

“On 24 November 2011 the Attorney General referred an article published in The Spectator magazine to the Crown Prosecution Service for consideration of whether a reporting restrictions Order in place at the time had been breached.

“The article in question was dated 19 November 2011 and came during the trial of Gary Dobson and David Norris who were accused, and subsequently convicted, of the murder of Stephen Lawrence. The Judge, Mr Justice Treacy referred the article to the Attorney General for consideration under his contempt powers.

“Due to the intense media interest in this case an Order under Section 82 of the Criminal Justice Act 2003 prohibiting publication of certain assertions about the defendants was in place. This Order was imposed by the Court of Appeal on 18 May 2011 and was continued at the commencement of the trial on 14 November 2011.

“Having applied the full code test in the Code for Crown Prosecutors I have taken the decision that there is a realistic prospect of conviction. The Attorney General has determined that it is in the public interest to proceed and he has given his consent to this prosecution.

“Where a charge is brought under Section 83 of the Criminal Justice Act 2003 and the publication is a newspaper or periodical, the proprietor, editor or publisher may be liable for the offence, and not the author.

“Accordingly a summons against the publisher of the magazine, The Spectator (1828) Ltd has been obtained from City of Westminster Magistrates’ Court, and the first hearing will be on 7 June 2012.”

Additional Information

The details of the charge are:

Offence: On 16/11/2012 being the publisher of newspaper or periodical publishing matter contravening an order made under section 82 Criminal Justice Act 2003.

Particulars: on 16/11/2011 within the jurisdiction of the Central Criminal Court, when an order made at the Court of Appeal Criminal Decision on 18 May 2011 under Section 82, Criminal Justice Act 2003 had effect, The Spectator (1828) Ltd, as publishers of The Spectator included in The Spectator an article by Mr. Rod Liddle in contravention of that Order.

Contrary to Sections 83(1) & (2) of the Criminal Justice Act 2003.

PC Harrington faces ABH charge

Alison Saunders, Chief Crown Prosecutor for CPS London, said:

“In February this year the Crown Prosecution Service decided there was insufficient evidence to charge PC Joseph Harrington in relation to an alleged assault on a young man in custody in August 2011.

“The incident was investigated by the Independent Police Complaints Commission, with CPS involvement beginning in November 2011. The IPCC gave summaries of interviews to the CPS in February, and in the same month the CPS decided that there was no realistic prospect of conviction in the matter.

“Grace Ononiwu, Deputy Chief Crown Prosecutor for CPS London, directed in April that there should be a new review of this case after concerns were raised with CPS London.

“That review is now complete and I have decided that there is sufficient evidence for a realistic prospect of conviction to charge PC Harrington with assault occasioning actual bodily harm contrary to section 47 of the Offences Against the Person Act 1861.

“Occasionally, a new look at a prosecution decision shows that the wrong view of the evidence was taken. That is regrettable. In this case, the conclusion originally reached was not tenable on the available evidence.

“When a review shows a previous decision not to prosecute is clearly wrong, it is open to the CPS to rectify that error by reconsidering the prosecution decision at Chief Crown Prosecutor level.

"As Chief Crown Prosecutor for London, I have taken the decision in this case that not only is there sufficient evidence to provide for a realistic prospect of conviction, and that a prosecution is required in the public interest, but that a prosecution is necessary in order to maintain confidence in the criminal justice system. That is the test I must apply under the Code for Crown Prosecutors when reinstituting a prosecution. It is clear that the allegation of using excessive force on a handcuffed 15 year old in custody is a serious matter.

“Accordingly I have advised the IPCC to summons PC Harrington.

“I hope the seriousness with which the CPS has taken this matter gives the public confidence that we are an organisation which will review our decisions, openly accept when we’ve got them wrong and then take the correct course of action.

“All parties have now been informed. Can I please remind all concerned that PC Harrington is to be prosecuted for a criminal offence and has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice his trial. Proceedings are now active.”

CPS Statement on Michael Brown

Andrew Penhale from the CPS Central Fraud Group said:

“The CPS is pleased to have secured the extradition of Michael Brown from Spain, who was arrested in Madrid on Saturday 21 April, following the issuing of a European Arrest Warrant. After nearly four years of evading justice, Michael Brown has been informed of the seven year sentence imposed in his absence, after he absconded part way through his trial at Southwark Crown Court in 2008.

"We would like to thank the City of London Police, SOCA and the Foreign Office for their assistance in bringing Brown back to the UK.”

Background

Brown was convicted in absentia in November 2008 of the following offences:

Theft of US$7,200,000
Theft of US$1,291,809
Furnishing False Information
Perverting the Courts of Public Justice

He was sentenced in May 2009 as follows:

Theft of US$7,200,000 – 6 Years’ Imprisonment
Theft of US$1,291,809 – 6 Years’ Imprisonment
Furnishing False Information – 6 Years’ Imprisonment
Perverting the Course of Public Justice – 12 Months’ Imprisonment.

All of the above sentences were ordered to run concurrently to each other save for the last one which was ordered to be served consecutively to the other three, making a total sentence of 7 years’ imprisonment.

Four charged with terrorism offences

Piers Arnold, specialist prosecutor from the CPS Special Crime and Counter Terrorism Division, said:

“After carefully considering evidence gathered by the Metropolitan Police Service, I have concluded that there is sufficient evidence and that it is in the public interest to jointly charge Zahid Iqbal, Mohammed Sharfaraz Ahmed, Umar Arshad and Syed Farhan Hussain with an offence contrary to section 5 (1) of the Terrorism Act 2006.

“It is alleged that between 1 January 2011 and 25 April 2012 the men committed acts of terrorism, or assisted others to commit such acts, or were engaged in conduct in preparation for giving effect to that intention. The alleged conduct included: facilitating, planning and encouraging travel overseas organising, encouraging and participating in physical training purchasing survival equipment downloading, researching and discussing electronic files containing practical instruction for a terrorist attack discussing methods, materials and targets for a terrorist attack including firearms and improvised explosive devices collecting and supplying funds for terrorist purposes overseas

“All four men are also individually charged with offences contrary to section 58 of the Terrorism Act 2000, namely possessing documents likely to be useful for a terrorist purpose. “The defendants will appear at Westminster Magistrates’ Court at 2pm today.

“After careful consideration the CPS concluded that there was insufficient evidence to prosecute a fifth suspect, and he was released without charge.

“All decisions were taken in accordance with the Code for Crown Prosecutors.”

Further information:

• The five men were arrested on 24 April 2012.
• The Attorney General gave consent for these charges, as is required
• The maximum sentence for an offence contrary to section 5 (1) of the Terrorism Act 2006 is life imprisonment.
• The maximum sentence for an offence contrary to section 58 of the Terrorism Act 2000 is ten years’ imprisonment.

Father and son builders sentenced for defrauding elderly home owners

Ruben Joseph Reed and sons Ruben George Reed and George Tony Reed were today sentenced at Croydon Crown Court. They intimidated elderly victims into handing over savings for overpriced building work.    

Matthew Wagstaff of the CPS Central Fraud Group said:

“These offences add up to a long story of intimidation from rogue builders finding greatly exaggerated problem after problem at the homes of their elderly and vulnerable victims. This was not a one off opportunistic offence carried out by an otherwise legitimate company. These builders knew exactly what they were doing, they did it repeatedly, and they did not care about the devastating consequences for their victims.

“Their targets, some in their 80s and 90s, were pressurised into handing over more than £700,000 for work that was shoddy and grossly over priced. One victim alone parted with £90,000. The Reeds used their ill-gotten gains on a number of luxury items including a Bentley and it was ultimately their greed that brought them down.

“I welcome today’s sentences but the work of the CPS does not end here. We will now set out to strip these defendants of the proceeds of their crime by seeking confiscation orders against them.”



Charging decision in relation to suspected intimidation and harassment by former News of the World journalist Neville Thurlbeck

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions said:

“The CPS has received a request from the officers investigating Operation Weeting for charging advice in relation to Neville Thurlbeck, suspected of witness intimidation and harassment. This relates to a blog posted by Mr Thurlbeck on 7 March 2012 in which he gave the home address of a member of News International’s Management Standards Committee.

“Having applied the full test set out in the Code for Crown Prosecutors the CPS has concluded that no prosecution should take place. Given that the journalist in question remains on bail for further offences we do not intend to give any further information at this point. Mr Thurlbeck remains on police bail on suspicion of offences under Regulation of Investigatory Powers Act 2000.”

No advice given on John Terry - Anton Ferdinand handshake says CPS

Some sections of the media have reported today that the CPS has advised footballers John Terry and Anton Ferdinand not to shake hands before a match this weekend. This is not correct. The CPS has not given any such advice to the footballers or their legal representatives. The media is reminded that the case involving Terry has yet to be heard and proceedings are still active.

Cruel and violent treatment of pigs - two sentenced to custody

Piotr Andrzej Wasiuta and Kelly Smith were today sentenced for animal cruelty contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006. Wasiuta received six weeks and Smith received four weeks.

Simon Clements, Head of the CPS Welfare, Rural and Health Prosecutions Division said:

“Wasiuta and Smith acted in a particularly cruel and violent manner towards the pigs in their care. I hope today’s sentences will be of some comfort to those rightly distressed and outraged by what we have seen.

“There should be no underestimating the gratuitous pain and suffering inflicted on these animals. When Wasiuta repeatedly stubbed out his lit cigarette on the snout of the three pigs in his care, they rapidly recoiled in pain. On one occasion, Wasiuta repeatedly touched the pig with the cigarette on the neck, and then again on its snout, as the pig moved to avoid him.

“Smith’s brutal violence was equally pointless and appeared simply to be an expression of his frustration. One pig was hit more that 30 times in just over a minute before adopting a dog sitting position and breathing rapidly. The prosecution told the court this was probably associated with the stress and abuse to which it has been subjected.

“There can be no place for such cruelty in farming. Where it is exposed, those responsible can expect to face the full force of my specialist prosecutors.”

Ringleader in Croydon disturbances has sentence increased

CPS London’s Chief Crown Prosecutor has today welcomed the decision of the Court of Appeal to increase the sentence handed down to one of the key people involved in the London disorder of August 2011.

Adam Khan Ahmadzai was originally sentenced to four years' imprisonment but that has today been increased to seven years.

CPS London Chief Crown Prosecutor Alison Saunders said:

“We referred this case to the Attorney General as one that had attracted a sentence which was unduly lenient. I welcome the strong message that the Court of Appeal has now sent out as a result of this ruling.

“Adam Khan Ahmadzai was a ringleader during the riots in Croydon and his conviction for 10 offences committed that night shows the extent of his criminality.

“His offences were amongst the most serious which CPS London has prosecuted in relation to the summer riots and this increased sentence reflects that.”

BACKGROUND INFORMATION

Ahmadzai pleaded guilty on 28 November 2011 at Inner London Crown Court to:

• One count of violent disorder
• Four counts of robbery
• Three counts of burglary
• Two counts of criminal damage

All committed on 8 August 2011 in Croydon.

He was sentenced on 12 January 2012 at Inner London Crown Court to four years

Brian Witty convicted of four counts of rape

CPS London Chief Crown Prosecutor Alison Saunders said:

“Today’s conviction means that a dangerous sex offender will now be imprisoned. Brian Witty earned women’s trust after meeting them in social situations. When he then had them alone he turned violent and subjected them to a serious sexual assault.

“For some of the victims justice has been a long time coming and I thank them for their support of this prosecution and the evidence they provided to the court.

“Prosecuting rape is very challenging but our knowledge is ever growing and we always seek to improve. The expertise that our prosecutors now apply to cases such as these means that offenders like Brian Witty, who may have thought they had got away with their crimes, are being brought to justice.”

Two convicted for laundering proceeds of Olympic fraud

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

“Two defendants have today been found guilty for their part in attempting to launder some £2.3m, the proceeds of a fraud perpetrated against the Olympic Delivery Authority. This follows the conviction of Ansumara Kamara in September 2010 on money laundering and false identity documents charges.

“Fraud is about money making and is motivated by greed. In this case, the fraudsters directly targeted scarce public funds earmarked to ensure the success of London 2012. Thanks to the quick action of those involved, £2.14m was immediately frozen and those responsible now face custodial sentences.

“As much as fraudsters put considerable planning into committing the fraud, they put equal planning into disguising the money. This is often with the help of associates, allowing it to go untraced and to be spent on further criminality and this is what makes money laundering such a serious crime.”

CPS Authorises Fraud Charges for former Employees of the Royal Academy of Music

Andrew Penhale of the CPS Central Fraud Group said:

“We have advised the Metropolitan Police Service that Janet Whitehouse, the former Director of Finance at the Royal Academy of Music (RAM), and Steven Newell, the former Head of Information at the RAM should be prosecuted for fraud offences.

“Janet Whitehouse faces three charges under the Fraud Act 2006, all arising from alleged abuse of her position as Director of Finance for personal financial gain. Between 1 March 2007 and 24 March 2011 she is alleged to have defrauded the RAM of sums in excess of £200,000.

“Steven Newell also faces three charges under the Fraud Act 2006. Two counts concern allegations that he provided two false documents in order to obtain his position at the RAM. A third count concerns payment of fraudulent invoices together valued at £437,408.11. The allegations date between 1 October 2008 and 31 August 2010.

“This decision was taken in accordance with the Code for Crown Prosecutors. After careful consideration of all the evidence, I am satisfied there is sufficient evidence for a realistic prospect of conviction and it is in the public interest to prosecute this case.

“Both will appear before Westminster Magistrates’ Court on 2 May 2012 in separate hearings.

“They now stand charged with criminal offences and they each have the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial."

Background on Charges

One count against Whitehouse, contrary to section 1 (2)(a) relates to allegations that she mislead the Trustees of RAM by claiming that three lump sum payments, together totalling £100,000, had been approved by the Chairman. A second count, contrary to section 1 (2)(a) concerns allegations that Whitehouse mislead the Trustees about four invoices received from Whiteley Associates, a company in her name and together valued at £103,950, claiming they were payment for work carried out for RAM and should be paid. A third charge contrary to Section 4 relates to allegations that Whitehouse abused her position by placing a member of her family in RAM accommodation rent-free and without approval.

Two counts against Newell, contrary to section 1 (2)(a), relate to allegations that Newell, between 1 October and 30 November 2008, mislead Trustees of RAM with a University of Liverpool Degree certificate and a reference supplied from Quostar Limited in support of his application for the post of Head of Information that were not genuine. The third count against Newell, also contrary to section 1 (2)(a), concern 44 invoices from NTI systems, an entity created by Newell, together valued at £437,408.11, which were submitted to Trustees of RAM as genuine and payable. This allegation dates between 17 November 2008 and 31 August 2010.

Teenagers sentenced for Stockwell shop shooting

Three teenagers have today (19 April 2012) been sentenced to life imprisonment after being found guilty of the shooting of five year old Thusha Kamaleswaran and 35 year old Roshan Selvakumar.

Nathanial Grant, Kazeem Kolawale and Anthony McCalla were convicted after trial of two counts of causing grievous bodily harm with intent. They were also convicted of one count of attempted murder.

Grant has been told he will serve a minimum term of 17 years, Kolawale and McCalla will serve a minimum term of 14 years.

CPS London Chief Crown Prosecutor Alison Saunders said:

“The actions of these three teenagers showed a complete disregard for the safety of the public. They are dangerous individuals and it is right that they will now serve significant sentences of imprisonment.

“The public reaction to this successful prosecution shows how strong we all stand against gun crime and the devastating effects it can have upon families who live in our communities.

“The Crown Prosecution Service is dedicated to working alongside the Metropolitan Police Service to tackle this problem, bring offenders to justice and make London a safer place.”

Crown Prosecution Service re-opens its Legal Trainee Scheme

The Crown Prosecution Service, the country’s largest law firm, is re-opening its Legal Trainee Scheme, which will see a selection of trainee solicitors and barristers start their careers at the CPS in October 2012.

Keir Starmer QC, Director of Public Prosecution said:

“The Crown Prosecution Service can offer some of the most exciting career opportunities for young lawyers looking for their first role after graduating.

“This scheme will offer trainees an unrivalled chance to undertake challenging, varied and important work, with a view to building a career prosecuting cases for the CPS at the highest levels.

“The scheme will also provide the CPS with access to the talent it needs to ensure the continued high quality of its legal work, and make sure we have the capacity and skills we need for the future.

“We prosecute nearly a million defendants a year and provide charging advice to every police force in England and Wales. Crown Prosecutors play a vital front line role, and in line with the demanding nature of the work they will be doing, the scheme will be recruiting talented individuals from a broad pool of applicants, with the scheme running both internally and externally.”

From 19 April 2012 the CPS will be accepting applications for places on our newly re-opened legal trainee scheme. The scheme will offer 15 graduates who have completed their vocational training the chance to work at the CPS. Once they have qualified they will take up positions as Crown Prosecutors, and will be responsible for reviewing and prosecuting criminal cases, as well as advising the police.

October 2012 will see the graduate trainee scheme opened to candidates who have not yet completed their vocational training. Successful candidates who have yet to take the LPC or the BTPC will also be given financial assistance with funding their vocational training.

More information on the scheme is available on on the careers section of our website.