CPS News Brief

Receipt of files of evidence from "phone hacking" police investigations

The CPS can confirm receipt of the following:

• One file for charging advice relating to one journalist and one police officer with relation to alleged offences of misconduct in public office and the Data Protection Act.
• One file for charging advice relating to one journalist and six other members of the public with relation to alleged offences of perverting the course of justice.
• One file for charging advice relating to one journalist with relation to alleged offences of witness intimidation and harassment.
• One file for charging advice relating to one journalist with relation to alleged offences under RIPA.

We are not prepared to discuss the identities of those involved or the alleged offences in any greater detail at this stage as a number of related investigations are ongoing.

We are unable to give any timescale for charging decisions, except to say that these cases are being considered very carefully and thoroughly, and the decisions will be made as soon as is practicable.

Former Nigerian governor, James Ibori, sentenced to 13 years - comment from head of CPS fraud group

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

“James Ibori, the former Governor of Delta State in Nigeria, has today been sentenced at Southwark Crown Court to 13 years' of imprisonment after seven years of determined work by a specialist team from the Crown Prosecution Service Central Fraud Group and investigators, which has brought him and several of his corrupt associates to justice.

“Very significant co-operation was secured from many countries worldwide to enable us to bring this prosecution: In 2011 CPS lawyers secured the extradition of James Ibori in one of the first ever extraditions from the UAE under a new Treaty. We issued over seventy Letters of Request to other countries to help us unravel the complex and sophisticated network of nominee companies and foreign bank accounts that Ibori used to cover up his ownership of the stolen money; The case we assembled was on a large scale and in several prosecutions, involving 151 folders or over 60,000 pages of evidence which have been served over the last two years. The Specialist Fraud Prosecutor dedicated to this case has described it as by far the most complex he has dealt with in 35 years of service.

“During his two terms as Governor of Delta State, James Ibori deliberately and systematically defrauded the people whose interests he had been elected to represent. The sums involved in the offences to which Ibori has pleaded guilty amount to approximately £50 million, acquired at the expense of the some of the poorest people in the world.

“Combined sentences of 43 years imprisonment have now been imposed on Ibori and those convicted for assisting him, including his sister, his mistress, his wife, his lawyer and others.

“But the work of the CPS continues. The next step will be to enable the courts to make a confiscation order in respect of Ibori’s illegal profits.

“Ibori enjoyed a lavish lifestyle, including several substantial properties, a Bombardier Challenger Jet aeroplane costing $20 million he was in the process of buying and several vehicles including a Jaguar, a Mercedes Maybach and a Bentley, all funded from the proceeds of his crimes against the people of Nigeria. These are just a number of assets that will be considered as part of confiscation proceedings.

“Three million pounds has already been clawed back from his co-defendants and work continues to realise assets to pay towards the confiscation orders imposed on them.”

 Sue Patten speaking outside Southwark Crown Court today.

MPS officer to be prosecuted for alleged racist incident

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

“In January this year the Crown Prosecution Service took the decision not to charge PC MacFarlane in relation to an alleged racist incident involving a male in August 2011. In March, the complainant’s lawyers challenged that decision, and in accordance with standard CPS practice, Grace Ononiwu, Deputy Chief Crown Prosecutor for CPS London, directed that the case be reviewed by a more senior lawyer who was not previously involved. That review is now complete and the conclusion, based on all the evidence now available, is that there is sufficient evidence for a realistic prospect of conviction to charge PC MacFarlane with a racially aggravated public order offence contrary to section 4a of the Public Order Act 1986 and section 31 of the Crime and Disorder Act 1998.

“When a review shows a previous decision not to prosecute is wrong, it is open to the CPS to rectify that error by bringing new proceedings. As Chief Crown Prosecutor for London, I have taken the decision in this case that, as well as there being sufficient evidence for a realistic prospect of conviction, and a prosecution being in the public interest, 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.

“Accordingly I have advised the Independent Police Complaints Commission to charge PC MacFarlane.

“It is regrettable that the original decision was wrong, but I hope the action taken and my decision today demonstrates the willingness of the CPS to review its decisions independently and swiftly and to take appropriate action where necessary.

“We have also considered whether an additional charge of assault should be brought in relation to an allegation of “strangulation” recorded by the complainant. However, having now had opportunity to consider all available evidence including the statements of others in the van alongside the recording, the lawyer reviewing the case concluded that the inconsistencies in the various accounts of what happened were such that no additional charge could properly be added. The inconsistencies included a dispute over the identity of the officer who took hold of the complainant; the complainant said that this was one officer but all other witnesses dispute this. There is also inconsistency over why the officer, who does accept that he took hold of the complainant did so; he and other witnesses say it was in response to the complainant’s apparent aggression and in self defence. I agree with the conclusion that in the circumstances there is insufficient evidence to meet the Code test for bringing charges.

“All parties have now been informed. Can I please remind all concerned that PC MacFarlane is charged with 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.

“Another allegation of abuse by a police officer against a youth at Forest Gate Police Station remains under consideration, as announced earlier this month.”

CPS decides no further action following death of Professor

Baljit Ubhey OBE, Chief Crown Prosecutor for Thames and Chiltern Crown Prosecution Service (CPS) said:

"Following enquiries by Thames Valley Police I have concluded in accordance with the Code for Crown Prosecutors that there is insufficient evidence to put before a court.

“Professor Steven Rawlings died at the Oxfordshire home of a friend on Wednesday, 11 January 2012. A post mortem examination was conducted, but was inconclusive and further tests were required.

“Devinderjit Sivia was arrested, interviewed and bailed pending further enquiries.

“I received a file from Thames Valley Police, have considered all the evidence, and have decided that Devinderjit Sivia will not face any charges in relation to the death of Steven Rawlings.

“I extend my sincere sympathies to Mrs Rawlings for the death of her husband.

“An inquest will take place in due course.”

Statement on the conviction of Gordon Thompson

Gordon Thompson was sentenced today to 11 ½ years imprisonment at the Central Criminal Court for setting fire to the Reeves Furniture Store in Croydon on 8 August, 2011. He also admitted three burglaries for which he was sentenced to serve eight years concurrently.

CPS London Deputy Chief Crown Prosecutor Jenny Hopkins said:

"Gordon Thompson’s callous actions recklessly endangered the lives of many innocent people, not least the firefighters who bravely extinguished the blaze. Few will forget the terrifying ordeal of Monika Konczykn, whose flat overlooked the store. She had to throw herself from her blazing flat into the arms of those same firefighters after she had become trapped by the flames.

“A much loved and memorable local building was razed to the ground and the efforts of five generations of hard-working members of the Reeves family to build up their family business were destroyed. Members of the public both in Croydon and elsewhere were shocked at the television footage which showed the extent of the damage caused by Thompson’s actions.

"When faced with the strength of the case against him, Thompson pleaded guilty, which meant many witnesses did not have to relive distressing memories about what happened that night.”



Charge over murder of elderly William Davis

Martin Lindop, Sector Crown Prosecutor at Crown Prosecution Service in the West Midlands, said:

“I have advised officers from West Midlands Police that there is sufficient evidence and that it is in the public interest to charge a 35 year old woman, Charlotte Frazier–Doody, with the murder of elderly William Davis at his home address in Willenhall, West Midlands on 1 April 2012.

“This decision was taken in accordance with the Code for Crown Prosecutors.

“The defendant will appear at Wolverhampton Magistrates’ Court on Saturday 7 April for a first appearance.”

Statement on alleged incident in Forest Gate Police Station

Grace Ononiwu, Deputy Chief Crown Prosecutor for CPS London, said:

“I have now directed that a review of this case be conducted as a matter of urgency. The CPS is now in the process of obtaining all the evidence in this case, including some that was not previously considered. A senior lawyer with no previous involvement will complete this review as soon as is practicable.”

Wife and Daughter Convicted of Husband's Murder

The wife and daughter of a man missing from Harrow since May 2001 have today (3 April 2012) been convicted of his murder – despite his body never having been found.

64 year old Shirley Banfield and her daughter 40 year old Lynette Banfield were living with 63 year old Don Banfield in Wealdstone when he disappeared. He was last seen alive on 11 May 2001 and was then reported to police as a missing person on 19 May 2001 by a friend.

During the time of his disappearance his wife and daughter made fraudulent claims to a number of organisations in order to claim pension and benefits. They falsely claimed to have seen Mr. Banfield on occasion in the intervening years.

CPS London Head of Complex Casework Jenny Hopkins said:

“This has been a challenging case to prosecute as we have asked the jury to find two people guilty of a murder where no body has ever been found.

“However there was strong evidence. The callous actions of Shirley and Lynette Banfield proved they knew that Don Banfield was never going to return. Just a few days after he was last seen alive they began falsifying documents in his name eventually claiming thousands of pounds.

“Their actions were motivated by greed and they robbed a man of his life purely for monetary gain.

“Almost eleven years since Don’s disappearance, his wife and daughter no doubt believed they may have got away with their crime. This case shows the Crown Prosecution Service will strive to secure justice in all circumstances, working alongside the police to put a strong case before the court.”

CPS response to updated Guardian story concerning allegations of abuse by police officers

Grace Ononiwu, Deputy Chief Crown Prosecutor for CPS London, said:

“This is clearly an important matter and I have this evening directed that urgent enquiries be made about any advice that may have been given.

“Once the full facts are known I intend to issue a further statement.”

CPS statement on 30 March Guardian story entitled: "Police face racism scandal after black man records abuse"

Grace Ononiwu, Deputy Chief Crown Prosecutor for CPS London, said:

“Lawyers for the complainant have written to the CPS and asked us to review our decision. I have considered the matter personally and directed that all of the evidence should be reconsidered and a fresh decision taken by a senior lawyer with no previous involvement in this matter. That process will be completed as soon as possible, and is the procedure we often adopt when pre-action protocol judicial review proceedings are initiated.”

CPS celebrates March's 'Successes of the Month'

The CPS is celebrating the outstanding work of teams and individuals up and down the country by publishing their stories on the CPS website.

In our 'Successes of the Month', we congratulate those colleagues who have gone beyond the call of duty or who have made a real contribution to their communities by working hard to see justice done.

This month CPS London has secured the first ever ASBO for a wildlife offence, CPS Wessex convicted a man in a case with traces of ‘The Usual Suspects’ about it, and the hard work of the Human Resources team at CPS HQ has saved the service £60,000.

Liam Stacey’s conviction for tweet about Fabrice Muamba

There have been some inaccurate reports in a number of places about the offence with which Liam Stacey was charged. He was charged with, and pleaded guilty to, a Racially Aggravated s4A Public order Act 1986, and not inciting racial hatred.

Former Cheale Meats employees to be prosecuted for animal cruelty

Simon Clements, Head of the Welfare, Rural and Health Prosecutions Division at the Crown Prosecution Service said:

“I have advised the Food Standards Agency that Piotr Andrzej Wasiuta and Kelly Smith should be prosecuted for animal cruelty offences following the alleged mistreatment of pigs at Orchard Farm, Little Warley, Brentwood, Essex in March and April of last year.

“Piotr Andrzej Wasiuta faces three charges of causing unnecessary suffering to a pig by applying a lighted cigarette to its snout, contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.

“Kelly Smith faces four charges of causing unnecessary suffering to a pig. Two of the charges relate to failing to ensure that a lame pig was not humanely slaughtered immediately and two of the charges relate to striking a pig with a baton, all contrary to sections 4(1) and 32(1) of the Animal Welfare Act 2006.

“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 18 April 2012.

“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:

• This is a summary only offence which carries a maximum sentence of imprisonment for a term not exceeding 6 months, or a fine not exceeding £20,000, or both.
• 29 year old Piotr Andrzej Wasiuta is from the Southend on Sea area
• 40 year old Kelly Smith is from the Benfleet area

David Bryant sentenced to 17 years for historic sexual abductions

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

“While the impact of Bryant’s despicable actions caused untold distress and harm to his young victims, the impact of those crimes went much further.

“Through his actions, Bryant created fear and distrust in an area where, prior to his crimes, parents could feel confident that their children played in safety.

“Despite the damage he caused, Bryant has shown little remorse for his actions. After being presented with overwhelming DNA evidence as early as May last year, Bryant denied his guilt until February of this year. This effectively prolonged the anxiety and suffering for his victims, their families and the wider community.

“I hope that this sentence helps provide some sense of closure for all of those affected by this man’s selfish and deplorable crimes.”

For more information, please see the full press release here.

Former top lawyer convicted for fraudulent travel claims

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

"Christopher Kenneth Grierson has today pleaded guilty to the full extent of his criminality. He has been convicted on all four charges against him covering 57 fraudulent travel claims worth £1.2 million, over just four years.

“In pleading guilty, Mr Grierson has admitted to providing his former employers, Hogen Lovells, with misleading, false and deceptive documents.

“He was charged under the Theft Act last December. Today’s conviction is a clear example of speedy justice in a fraud case in action.

“Today’s message is clear: fraud is always a serious matter. Defrauding your employer or otherwise abusing a position of trust, especially over a long period of time, makes it particularly serious.”

• Grierson will be sentenced on 3 May 2012.
• Grierson was charged with and pleaded guilty to four counts of Furnishing False Information contrary to section 17(1)(b) of the Theft Act 1968.
• He co-operated fully with the police and had resigned and repaid Hogan Lovells all the monies he had dishonestly obtained prior to police involvement.