CPS News Brief

Statement on Stockwell Shooting

Statement on the case of Nathaniel Grant, Kazeem Kolawole and Anthony McCalla.

CPS London Chief Crown Prosecutor, Alison Saunders said:

“This case is a sad and shocking example of how gun crime can devastate innocent lives. These three men convicted here today showed a complete disregard for public safety firing aimlessly into a shop and seriously wounding two innocent bystanders. In particular they have left a very young girl severely disabled.

“The CCTV footage and phone records from the night in question allowed us to track these three defendants over a significant period of time. We pieced together their movements in order to clearly show the jury that these three men were responsible for this terrible crime.

“We had to show the jury in this case some harrowing footage of the incident and I thank them for their time in coming to today’s verdict.

“Although both victims of this crime will never forget what has happened, I hope that the convictions secured today will provide some comfort to them and their families.”

Antoni Imiela convicted in historic sexual assualt case

Antoni Imiela was today found guilty at the Central Criminal Court of one count of rape, one count of indecent assault and one count of buggery. This relates to an incident in Forest Hill in the early hours of 25 December 1987.

CPS London Special Casework lawyer Andrew Hadik said:

“This was a very serious allegation with strong evidence. It was important that it be put before a jury and that the defendant be held to account for the crimes he had committed.

“Sadly, the victim in this case died some years ago in unrelated circumstances. The absence of a key witness is not an automatic barrier to justice. The Crown Prosecution Service successfully applied to have the victim's original statement read out to ensure that the jury heard her evidence.

“The subsequent death of a victim does not mean defendants can expect to escape prosecution. This case is an important example of how the Crown Prosecution Service will strive to secure justice for victims of crime.

“This attack had a devastating effect upon the victim’s life and sadly justice could not be secured whilst she was alive. However, her family have provided great assistance to this prosecution and I hope that they find some comfort in this conviction.”

Imiela was sentenced to 12 years in total – six years for each of the three counts, with the count of indecent assault to run concurrently.

Mother convicted of perverting the course of justice

A Hounslow mother has today been convicted of perverting the course of justice after being found guilty of destroying her son’s clothing following his identification as a suspect in relation to the death of Richard Bowes.

31 year old Lavinia Desuze was found guilty after a trial which began at Inner London Crown Court on 19 March 2012. Her son, 17 year old Darrell Desuze pleaded guilty last week to the manslaughter of 68 year old Richard Bowes in Ealing during the summer riots in August.

CPS London lawyer Gary Dolby said:

“Although it is a mother’s instinct to protect her child this conviction shows that Lavinia Desuze’s actions were wholly inappropriate and criminal.

“In a bid to try and ensure her son would not be caught for the crimes he had committed Desuze destroyed the recognisable clothing he had been wearing.

“This act could have had a detrimental effect on the case against her son if it had been the primary evidence available.”

Both Lavinia Desuze and Darrell Desuze will be sentenced on Tuesday 17 April at Inner London Crown Court.

On 12 March 2012 Darrell Desuze entered guilty pleas to one count of manslaughter and one count of violent disorder. On 24 November 2011 he entered guilty pleas to four counts of burglary. All relate to events on Monday 8 August 2011.

DPP statement on new CPS Welfare, Rural and Health Prosecutions Division

Speaking about the merger of the Department for Work and Pensions & Department of Health Prosecution Division with the Crown Prosecution Service, Keir Starmer QC, Director of Public Prosecutions, said:

“Today’s merger is good news for the CPS and good news for the public.

“It bolsters our armoury against economic crime. Our triumvirate of highly experienced teams dealing with economic crime – fraud, organised crime and the new division handling benefit fraud – hails a new joined-up approach for the CPS in tackling financial crime for the benefit of tax-payers.

“This type of crime is of real public concern, and I am confident that the newly combined strength of the teams will make the CPS more resilient in bringing to justice increasingly sophisticated and complex crime.”

Notes:
About the division:

The CPS Welfare, Rural and Health Prosecutions Division will start work on 2 April (following the official 1 April transfer) having recently already welcomed colleagues from Defra. The division will also now be responsible for specialist fraud work on behalf of the DWP, the NHS and the Department of Health.

The Welfare, Rural and Health Prosecutions Division sits alongside the other specialised national divisions which are the Central Fraud Group, Special Crime and Counter-Terrorism, and Organised Crime.

The CPS welcomes 125 new staff from DWP, who will be located in offices in Birmingham, Cardiff, Leeds, Liverpool and London.

Simon Clements is the head of the division.

A strengthened CPS:

Joined up prosecutions:

At a time when criminals are increasingly sophisticated, operating across both functional and geographic boundaries, bringing new skills into the CPS will add to our range of different specialisms, helping us to develop joined up prosecutions where a criminal has engaged in various types of offending at the same time. The new division will also be able to draw on the expertise of CPS national network of Areas and regional Complex Casework Units when necessary.

More resources available:

The division will benefit from the ability to call on the full resources of our national organisation. This will allow flexibility so that work from specialist investigators can be dealt with by prosecutors with the necessary specialist skills, wherever they are in the country. This will improve as the CPS moves towards electronic case files which will see us becoming more efficient.

Three plead guilty to armed robbery at florist’s shop

Nazir Afzal, Chief Crown Prosecutor for the North West Area said:

“All three defendants have now admitted their involvement in the armed robbery at Cecil Coley’s shop in Old Trafford on the night that Gary Mullings was fatally stabbed. Armed with a gun and an imitation firearm they, and Gary Mullings, forced their way into the shop. They threatened and attacked Mr Coley and a friend who was in the shop with him, injuring both of them and robbing them of cash and valuables. Both men were so scared that they feared for their lives.

“After looking at the evidence I quickly concluded that Cecil Coley should not be prosecuted for the death of Gary Mullings because he was acting in self defence and the three defendants were subsequently charged in connection with the armed robbery. We have since worked with officers from Greater Manchester Police to build a strong prosecution case and they have now admitted their guilt for the terrifying ordeal that the two victims faced that night.

“Householders, shopkeepers and anyone going about their lawful day to day activities can be reassured that the law will protect them if they use reasonable force to protect themselves, their families and their property. They can also be assured that we will bring to justice intruders who force their way into the property of others.”

The defendants will be sentenced on 14 May at Liverpool Crown Court.

Note to editors:

Nathan Walters, 26 years old, Joseph Mullings 24 years old and Kyle Mullings 19 years old have pleaded guilty to 2 counts of robbery, possessing a firearm whilst committing an offence and possessing an imitation firearm whilst committing an offence. They will be sentenced at Liverpool Crown Court at a later date.

Butcher sentenced for £3.3m VAT fraud

Simon Rowlinson, Specialist Prosecutor for the CPS Central Fraud Group said:

“Gary Turner was today sentenced to 5 years imprisonment for cheating the public revenue of £3.3 million over a 15 year period. But for the CPS it doesn’t end here. We are now determined to go after Turner’s illicit gains and get that money back into the public purse for the benefit of the British public. Court proceedings will continue as we identify the assets bought with criminal money in order to confiscate them including houses, jewellery and other luxury items beyond the means of most working people.”

For more background information click here.

Charging decision - Ian Lowe

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

“I have today advised Greater Manchester Police to charge Ian Lowe, 25, with the murder of Leanne McNuff, 24, at her home in Droylsden, Greater Manchester on 11 March 2012. The decision was taken in accordance with the Code for Crown Prosecutors.

“Ian Lowe will appear at Tameside Magistrates’ Court, Greater Manchester, tomorrow 15 March 2012.”

CPS statement following the sentencing of Christopher Blackburn

Christopher Blackburn was sentenced today at Preston Crown Court, after pleading guilty to preventing the lawful and decent burial of a dead body and for the theft of £1,869 from the Department of Work and Pensions in fraudulently obtained benefit payments.

Following the sentencing Craig Cleminson, Senior Crown Prosecutor from CPS North West Area said:

“For nearly five months Christopher Blackburn told no-one that his father had died and instead of notifying the authorities so that arrangements could be made to give his father a decent burial, he misled family and neighbours into thinking that he was still alive. By doing so he was able to steal over £1,800 worth of benefits by fraudulently collecting his father’s benefit payments on several occasions.

“This was the deliberate and sustained concealment of a death over a long period of time, simply for personal financial gain it would seem. There is no knowing how long Christopher Blackburn would have continued to conceal his father’s death if a neighbour had not raised her concerns with the housing association.

"Even after arrest, when faced with clear evidence, Christopher Blackburn continued to deny in interviews any knowledge of his father’s death before the police discovered the body.

“His actions meant that for several months his father was not afforded the dignity of a proper burial. Through the prosecution we brought and following today’s sentence of three years’ imprisonment, he must now face up to the seriousness of these crimes.”

Assisted suicide and decisions to prosecute

There has been some confusion in media reports about yesterday’s High Court decision on Tony Nicklinson’s judicial review and the issue of the ‘right to die’.

It is not correct to say that the law on assisted suicide was successfully challenged by Debbie Purdy who won protection from prosecution for her husband, should he assist her suicide.

In fact, assisting or encouraging suicide remains a criminal offence for all individuals. The CPS guidelines on prosecution, which were published following the Purdy case, provide a clear framework for prosecutors to decide which cases should proceed to court and which should not.

The guidance does not override the will of Parliament, and neither it nor the ruling in the Purdy case grant anyone immunity from prosecution.

Each allegation is reviewed on its own facts and circumstances. We will prosecute when there is sufficient evidence and it is in the public interest to do so. Whether or not and to what extent someone acted out of compassion is only one of several factors prosecutors must assess and they do so by considering all of the facts of the case following a thorough investigation.

CPS supports Mumsnet rape awareness campaign

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

“I welcome this campaign by Mumsnet highlighting the extent of rape and sexual assault and the obstacles that society puts in front of those who report them. Rape and sexual assault are dreadful crimes and ones that are often difficult for someone to report because of fear, shame and embarrassment.

"As the Mumsnet survey shows, victims can also be reticent to come forward for fear of being demonised in court and even in the media.

"I support the message of the “We Believe You” campaign, its aim to raise awareness of the extent of these crimes, and to challenge preconceptions.

“As a society we need to be aware of the myths and stereotypes that members of the public who become jury members may hold and which have the potential to influence court outcomes and ultimately lives.

"We need to challenge these myths and stereotypes which prejudge victims and add to their ordeal; the campaign by Mumsnet is a very important step in doing this.

“We have done a lot of work in CPS London with our prosecutors to dispel these stereotypes internally and our performance in prosecuting these cases is improving. More than 200 CPS London lawyers are designated as rape specialists.

"The criteria for becoming a rape specialist are rigorously applied and prosecutors receive specific training. This means that the prosecutor's decision is based on an objective assessment of the evidence, ignoring stereotypical assumptions about the victim's behaviour.

“I am determined to ensure that victims are confident in coming forward and reporting these crimes and I believe the MumsNet campaign will help us to achieve this.”

Read more about the Mumsnet campaign here

Windsor Castle: charge for trespassing on a designated site

Zoe Martin, specialist lawyer from the Crown Prosecution Service, said:

“I have today authorised the police to charge Robert Pennefather with an offence of trespassing on a designated site after he was found within the grounds of Windsor Castle in the early hours of 6 November 2011.

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

“The defendant has been bailed to appear at Westminster Magistrates Court on Friday 23 March”

Notes: The Attorney General’s Office consented to the charge as is required for this offence. The Queen was not in residence at the time. Trespass to a designated site is an offence under s.128 Serious Organised Crime and Police Act 2005

158,000 smuggled fake trainers: CPS statement on fraud sentencing

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

“Smuggling and selling counterfeit goods is a serious criminal offence which in this case took advantage of people’s desires to be seen wearing the very latest statement in fashion footwear. This was also an offence that showed utter disregard for the damaging effects of organised crime on victims both in the UK and in China.

“Today’s sentences follow the successful prosecution of those responsible for smuggling a staggering 158,000 pairs of fake Nike trainers. This is one of the largest imports of counterfeit Nike trainers ever seized by the British authorities, amounting to a loss to the Trademark Holder in the region of £4 million.

“Zoheir Habet, Mourad Abad, Elies Dehini and Sid Dehimi, part of an international web of career smugglers, were convicted of money laundering and conspiracy to breach the Tradesmark Act. Working with a China based criminal organisation, these four men smuggled a stock with a street level value of £1.1 million.

“Between October and December 2009, three containers entered the UK shipped from China to Felixstowe. They contained Nike Air Max 90 and other different styles of counterfeit trainers. They were kept at self storage centres in Middlesex before being sold illegally at markets across London, undermining honest and hard working retailers and traders in the capital and farther afield.

“About £450,000 in cash was seized from houses and safety deposit boxes during the arrests that followed. Sid Dehimi alone was found with £35,000 cash hidden under his stairs.

“The prosecution for Operation Blackout saw lawyers from the CPS Central Fraud Group working with US and UK undercover officers from City of London Police, which mounted a large scale surveillance operation. This was an international operation with arrests carried out in US and Guam by the American Department of Justice.”

The defendants were sentenced as follows:

• Elies Dehini to 5 years’ imprisonment
• Mourad Abad to 5 years’ imprisonment
• Sid Dehimi to 3.5 years’ imprisonment
• Zoheir Habet will be sentenced on 2 April 2012.

CPS West Midlands wins the ‘DPP’s Challenge’ by raising £15k of the £25k raised by CPS for charity

Keir Starmer QC, the Director of Public Prosecutions, has today congratulated CPS West Midlands for winning his ‘DPP’s Challenge’ to raise money for charity. CPS teams around England and Wales together raised £25,000 for charity in many ways including by running marathons, selling cakes and office ‘dress down’ days.

The DPP set the challenge, which ran from October to December 2011, to mark the 25th anniversary of the CPS. Charities benefitting included Victim Support and Breast Cancer Care. Of the total, CPS West Midlands raised £15,000.

Picture: DPP hands a cheque for £500 – personally donated by himself and the Chief Executive – to representatives from the winning team, to donate to the charities of their choice.

Fisherman Brian Harrison sentenced for murder of Neville Dunn

Cornish fisherman Brian Leslie Harrison was today sentenced at Truro Crown Court to life imprisonment with a minimum tariff of 16 years for the murder of Neville Dunn. From this tariff will be deducted the four years and 67 days that Harrison has spent in custody since his arrest on 1 January 2008.

CPS Crown Advocate, Julian Herbert said:

“This new prosecution would not have been possible before the ‘Year and a Day rule’ was abolished by the Law Reform Act in 1996. This old rule stated that a death was not murder if it occurred more than a year and a day after the act alleged to have caused it.

"The new law permits a further trial so that, if convicted, sentencing can reflect what happened and the part the defendant played.

“We worked closely with Devon and Cornwall Constabulary to bring this case to trial and it is testament to the hard work of the entire prosecution team that the jury delivered a guilty verdict yesterday.

"Today’s sentencing brings to an end a long and tragic case and I hope it brings some comfort to Mr Dunn’s family.”

Still insufficient evidence for CPS to bring charges over death of PC Ian Terry

Following the inquest into the death of Police Constable Ian Terry, the Crown Prosecution Service (CPS) reconsidered whether there was sufficient evidence to bring charges in relation to Mr Terry’s tragic death during a training exercise in June 2008.

Mark Auty, CPS specialist prosecutor, who reviewed the evidence and made the decision, said:

“I have reconsidered all the evidence surrounding Mr Terry’s death – including evidence which arose at the inquest and in further investigations by the Independent Police Complaints Commission (IPCC) and the Health and Safety Executive (HSE). I have concluded in accordance with the Code for Crown Prosecutors that there is still insufficient evidence for the CPS to be able to bring any criminal charges in relation to the death of Mr Terry. The HSE has separately considered whether it is possible for them to bring charges for offences that fall within their remit, however.

“I have considered whether there was sufficient evidence to prosecute police officers who were involved in the planning and conduct of the training exercise with gross negligence manslaughter. This offence requires us to be able to prove that the individual owed a duty of care to the person who died; that he breached this duty; that the breach caused or contributed significantly to the death; and that the breach was grossly negligent. I have concluded, even if it was possible to prove, in accordance with the Code for Crown Prosecutors, that any of the officers did breach their duty of care and that their actions contributed significantly to his death, that there was insufficient evidence for a realistic prospect of proving that they were grossly negligent. The law is clear that serious mistakes and errors of judgement are not, on their own, sufficient to amount to the grave crime of manslaughter.

“I also considered whether there was sufficient evidence to provide a realistic prospect of conviction in relation to the offence of misconduct in public office. A person is guilty of such an offence if he is a public officer acting as such, who wilfully neglects to perform his duty or wilfully misconducts himself to such a degree as to amount to an abuse of the public’s trust in the office holder, without reasonable excuse or justification. I have concluded that in the case of two officers there is insufficient evidence for a realistic prospect of proving that any action or omission by those officers had reached the very high threshold required for this offence. In respect of the remaining officers I have concluded that there was insufficient evidence to prove under the Code for Crown Prosecutors that any neglect or misconduct on their part had been wilful.

“I have also concluded, following advice from leading counsel, that it is not possible to prosecute Greater Manchester Police for corporate manslaughter in this instance because police forces are exempt by law from prosecution over this kind of training exercise.

“This decision was taken after a great deal of consideration and follows consultation with expert counsel and senior colleagues. I understand it is not the decision that Mr Terry’s family would have been hoping for. I have once again extended my sincere sympathies to Mrs Terry for the death of her husband.”

Notes

PC Ian Terry, an officer with the Greater Manchester Police Tactical Firearms Unit, was fatally wounded in the torso whilst acting as a role player during a training session on 9 June 2008. He was 32 years old. The exercise involved the use of round irritant personnel rounds fired from a shotgun with the intention of deflating the tyres of a vehicle carrying Mr Terry.

The CPS decided in 2009 that there was insufficient evidence for a realistic prospect of conviction in relation to Greater Manchester Police or any police officer. An inquest was held between February and March 2010 and the jury recorded a verdict of ‘unlawful killing’. The CPS is required to re-review the evidence to take into consideration any new evidence arising from an inquest when a jury records this verdict.

In October 2010 the CPS concluded that there remained insufficient evidence to prosecute four officers with misconduct in public office but said that we were still considering the position in relation to other officers and the police force. This decision completes that consideration.