CPS News Brief

Cornish fisherman brought back to court after assault victim dies

CPS South West brought Brian Leslie Harrison back to court to face a charge of murder, four years after he was convicted of grievous bodily harm on a victim who later died. Today he was found guilty by a jury at Truro Crown Court of the murder of Neville Dunn .

CPS Crown Advocate, Julian Herbert said:

“A change in the law, which led to the abolition of what was known as the Year and a Day Rule, allows people to be charged with a different offence for the same attack if the victim later dies as a result of their injuries.

“This was a very unusual case for the CPS and we felt, together with the investigating police officers, that it was right that the enormity of taking a man’s life should be reflected by further proceedings even after Harrison had already been convicted and sentenced for the original assault.

“This was a tragic case and our thoughts are today with Mr Dunn’s family.”

Harrison attacked Mr Dunn on New Year’s Eve 2007, punching and kicking him until he lost consciousness. He stood trial at Truro Crown Court in July 2008, having entered a not guilty plea to the original charge of grievous bodily harm. He was found guilty and handed an indeterminate custodial sentence, to serve a minimum of six years. He was found not guilty of an additional charge of attempted murder.

Mr Dunn suffered serious head injuries during the attack and remained in a coma until his death on 17 October 2009 at Diana Princess of Wales Hospital, Grimsby. In January 2011, the Attorney General gave the CPS consent to bring a charge of murder against Harrison.

BACKGROUND INFORMATION

Section 2(4) of the Law Reform (Year and a Day Rule) Act 1996 requires that before further proceedings (such as a prosecution for murder) may be taken against a person who “has previously been convicted of an offence in circumstances alleged to be connected with the death”, the consent of the Attorney-General must be obtained. The consent the Attorney-General to the bringing of a charge of murder in this case was obtained on 8 January 2011.

The defendant was produced from HMP Dartmoor on 16 March 2011 to Truro Magistrates’ Court where he was charged with murder. He subsequently appeared before Truro Crown Court where he was convicted on 6 March 2012. He is due to be sentenced on 7 March at 10am.

Jairo Bonilla and Evelyn Fallas Rodriguez sentenced: CPS fraud team works with international colleagues to bring them to justice

This was a case that saw Criminal Justice colleagues from around the world working together to bring these fraudsters before the court. CPS lawyers in London worked closely with the US Assistant District Attorney and prosecutors in Spain to authorise the investigation overseas and execute European Arrest Warrants.

Luke Dockwray, CPS Lawyer from the Central Fraud Group said:

“The evidence I reviewed included recordings of the fraudsters bragging about how the scam would net them £250,000 a month once fully up and running. I worked closely with the police during the investigation as events unfolded and ensured all legal requirements were in place - including an urgent overnight Letter of Request to a Spanish judge - to authorise the vital undercover operation in Spain which secured indisputable evidence that Jairo Bonilla and Evelyn Fallas Rodriguez were targeting UK victims with an organised and sophisticated boiler room fraud.

“This case demonstrates the complex and international nature of these scams, as well as our ability to fight fraud across international borders. No fraudster targeting British victims should consider themselves safe from the British justice system.”

Bonilla was sentenced to three years and Fallas Rodriguez was sentenced to two years.

Husband & Wife Sentenced for Fraudulent Work Expenses made at Law Firm

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

“Zakia Sharif not only financially abused her role as the director of administration at the law firm where she worked, but she acquired her post by deception in the first place. Having lied about her qualifications on her CV, Zakia Sharif went on to dishonestly claim in excess of £100,000 from her employers. Some of these expenses claims were used to pay for luxury items including cosmetic treatments, designer stationary, electrical goods and even a memorabilia photograph of Muhammad Ali.

“Sharif also claimed for trips abroad with partner of the firm Graham Simkin. What no one at the firm knew was that in 2007 Sharif married Simkin, and was therefore claiming for what were holidays with her husband. In turn, he obtained more than £100,000 from privately billing clients and claims for hospitality with clients, yet many of those he claimed to have wined and dined he never actually entertained.

“Fraud is always a serious offence. But abusing a position of trust in this way makes it particularly serious.”

Background Information

Please note that no clients of Fulbright & Jarworski LLP lost money or were defrauded. 

Zakia Sharif and Graham Simkin were sentenced to 16 months each at the Old Bailey on 2 March 2012.

Zakia Sharif and Graham Simkin worked for the London office of US law firm Fulbright & Jarworski LLP between 2004 and 2008. On her CV, Sharif claimed to have both an LLB and LLM from King’s College University in London. She was therefore found to have fraudulently claimed more than £200,000 in net salary.

Simkin pleaded guilty to three counts of false accounting and one count of fraud by abuse of position on 9 January 2012.

Sharif pleaded guilty to one count of obtaining a pecuniary advantage by deception, three counts of false accounting and one count of fraud by false representation on 11 January 2012.

CPS statement on men convicted of prison mutiny following Ford Prison riot

CPS South East senior lawyer Simon Ringrose said:

“This was a serious and prolonged incident of disorder. The inmates involved caused substantial damage to prison property and it was pure good fortune that no one was seriously hurt. The local community and the wider public were naturally concerned by the sight of prison buildings on fire and inmates effectively taking control of the prison. Prison staff were intimidated and threatened as were those inmates who did not take part, some of whom were trying to put the fires out. A number of witnesses gave evidence describing the fear and distress of being present during this incident

“Sussex police conducted a thorough investigation and gathered a substantial amount of evidence which had to be reviewed. This included eye witness accounts from a number of inmates and prison staff. As a result of this a number of suspects were identified by description and identification procedures and were subsequently charged with involvement in the disturbance.

“This case could not have been prosecuted without the support and evidence from witnesses who were inmates at the time. The fact that these men were prepared to give evidence demonstrates the seriousness of this incident and I would like to recognize their courage in coming forward. The prosecution team also received the total support of HM Prison Service in putting this case together and this assistance was crucial in ensuring that all relevant evidence was gathered and presented to the court.

“People can be reassured that incidents of this kind are viewed with the utmost seriousness and where there is sufficient evidence the public interest will almost inevitably require a prosecution.”

More information can be found here.

Public Disorder Robbery: John Kafunda and Reece Donovan convicted

CPS London’s Head of Complex Casework Jenny Hopkins said:

“The image of Reece Donovan rifling through the contents of this vulnerable young man’s bag was one of the most shocking images from the public disorder in the summer of 2011. Before this, John Kafunda approached Asyraf Rossli and lifted him up to his feet. He gave every impression of simply helping Mr Rossli, having realised that he was injured. If his initial impulse was to help, it was quickly superseded by a decision to steal from the helpless and injured victim.

“These were cowardly actions by two individuals who took advantage of a young man already dazed from a previous assault (for which another man was convicted in February), which left him with his jaw broken in two places. This verdict means justice has been served and the Crown Prosecution Service, working closely with the police, will continue to robustly prosecute those involved in the disorder last year.”

Statement on conviction of Eric Bikubi and Magalie Bamu

Head of Complex Casework Unit at CPS London, Jenny Hopkins said:

“Throughout this case the Crown Prosecution Service has maintained that the evidence be viewed in its entirety. Eric Bikubi knew what he was doing. His actions were nothing short of torture and he inflicted on the victims violence on an unimaginable scale. His plea of diminished responsibility was unacceptable in view of the facts and the jury have agreed.

“It has also been proven that his accomplice, Magalie Bamu, acted of her own accord. At no time did she try to stop what was happening. She willingly subjected her 15 year old brother to extreme violence. The prosecution alleged she held the same long standing belief in witchcraft as her partner.

“I would like to thank the other victims of this horrific crime for their help in bringing a successful conclusion to this case and I hope that the conviction secured today can provide some comfort to Kristy’s parents and his siblings at this very difficult time.”

Role of CPS in relation to criminal records

A report in the Metro on the Criminal Justice Joint Inspection report on rape said that rape prosecutions are being hindered because police and prosecutors are failing to check the criminal records of foreign nationals. The CPS is a prosecuting authority and is not responsible for checking the criminal records of individuals nor does it maintain the criminal records of individuals. The Metro also said the report was by the police inspectorate and Crown Prosecution Service. The report was a joint one by HM Inspectorate of Constabulary and HM CPS Inspectorate, which is an independent organisation to the CPS.

DPP responds to Criminal Justice Joint Inspection on rape

The Director of Public Prosecutions, Keir Starmer QC said:

“I am pleased the report recognises the progress made by the CPS in dealing with rape cases. In particular, the inspectors say there was good analysis of rape cases by the CPS and that most of the rape charging decisions reviewed were well considered and very detailed.

“The report highlights that early contact in these cases between police and prosecutor has clear benefits: it helps in building strong cases and tackling legal issues to ensure the smooth running of a prosecution. This is something that we have taken on board from previous reports and implemented. We will continue to build on this so that effective prosecutions go ahead.

“The report makes two recommendations in relation to the CPS. The first relates to finding a more efficient way of identifying material that could be used for bad character or hearsay applications, an outcome the CPS would welcome and one we will explore with the police. The second, on protocols to improve the sharing of information held by third parties, is an action on which the CPS is already working.

“This report makes clear that we cannot be complacent; that while we have become more observant to the needs of victims there is still room for improvement in building strong cases against perpetrators. I am determined we will do this.”

CPS Diary 27 February to 5 March

The jury expected to return with a verdict in the trial of rioters from Ford Prison in Sussex.

Verdict also expected in trial of Eric Bakubi and Magalie Bamu at the Old Bailey for the murder of a teenage boy.

Friday 2 March

Chris Huhne and Vicky Pryce in their first Crown Court appearance on charges of perverting the course of justice.

Husband and wife Richard Graham Simkin and Zakia Sharif are due to be sentenced at Southwark Crown Court for fraudulently claiming expenses from an international law firm where they worked.

Monday 6 March

Eight defendants go on trial at Southwark Crown Court charged with defrauding the Olympic Development Authority.

Statement on James Ibori

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

“James Ibori has today, on the first day of his trial after his extradition from Dubai, and after some seven years of investigation and prosecution of himself and a number of his associates, pleaded guilty to ten charges of conspiracy to defraud and money laundering. In pleading guilty, Ibori has admitted that he defrauded the Nigerian states of Delta and Akwa Ibom during his time as Governor of Delta state and laundered the proceeds. This is a significant prosecution of very serious charges for which Ibori will be sentenced in due course.”

Ibori was charged with and pleaded guilty to the following:

• Seven counts of money laundering
• One count of obtaining a property transfer by deception
• One count of conspiracy to defraud
• One count of conspiracy to make false instruments

CPS statement following sentencing of two men who hid cocaine in bags of tropical fish

Senior lawyer in the CPS Organised Crime Division, Jacqueline Finn, said:

“This case demonstrates the extraordinary and innovative lengths that drug dealers will go to so they can ply their evil trade.

Olaf Urlik and Norbert Jarzabek thought that by having diluted cocaine hidden in bags of fish they would escape detection and net huge profits but they did not realise their plot had been uncovered.

The joint investigation by SOCA, UKBA and Nottinghamshire Police provided the Crown Prosecution Service with detailed evidence against the two men.

We worked closely with agencies to build a strong case and when confronted with the evidence against them, Urlik and Jarzabek both pleaded guilty.”

For more on this story see the Serious Organised Crime Agency website here

CPS decides no further action in 'Red Issue' fanzine matter

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

“I have decided that no further action will be taken in relation to allegations surrounding the publication and distribution of the ‘Red Issue’ fanzine at Old Trafford football ground on 11 February 2012.

“During the investigation into the matter by Greater Manchester Police, the issue of potential incitement to racial hatred was raised. As result I consulted the CPS’s Special Crime and Counter Terrorism Division, who are responsible for advising on suspected cases of incitement.

"Following this consultation I have received advice from a senior lawyer in that Division that although the fanzine distributed may have been offensive to some people, there was insufficient evidence to prove that the content was intended to stir up racial hatred, or that it was or likely to do so. I have therefore concluded there is insufficient evidence to provide a realistic prospect of conviction for incitement to racial hatred against any person.

“It is not a crime to possess material that is threatening, abusive or insulting, or hold views which others may find unpleasant and obnoxious. It is a crime to distribute this sort of material to the public, if it is intended to stir up racial hatred, or in circumstances where it is likely to have that effect.

“In the file sent to us by the police we were also asked to give advice in relation to slogans on t-shirts seized at Old Trafford on the same day. I have decided also that no further action should be taken in relation to that material.”

CPS fraud team: Stephen Methuen charged for fraud & embezzlement of over £500k while charity treasurer

Lisa Rose, Specialist Prosecutor for the CPS Central Fraud Group said:

“I have today authorised West Midlands police to charge Stephen Methuen for false accounting and cheating the public revenue following alleged fraud involving more than £500,000 whilst treasurer at two Christian charities. This follows a joint HMRC and police investigation.

“Stephen Methuen is charged with six counts of false accounting allegedly committed in order to disguise the embezzlement of more than £400,000 over a period of six years between 2003 and 2009, whilst Treasurer to the Amblecote Christian Centre in Stourbridge. He is further charged with five offences of cheating the revenue by submitting over-inflated gift aid repayment claims on behalf of the charity which he allegedly went on to embezzle.

“I have also authorised charge of a further six counts of false accounting committed over a period of six years between 2003 and 2009 whilst Stephen Methuen was the treasurer of the Christian International Relief Mission. These charges relate to the alleged embezzlement of £117,957.16.

“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.

“Stephen Methuen will appear before Dudley Magistrates’ Court on 2 March 2012.

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

CPS authorises charge in murder of Betty Yates and Revd. John Suddards

The Crown Prosecution Service has today authorised Avon and Somerset and West Mercia police to charge Stephen John Farrow, 47, with the murders of Betty Yates, 77, and Reverend John Suddards, 59.

Both Mrs Yates and Revd. Suddards were found stabbed to death in their homes, Mrs Yates on 4 January and Rev. Suddards on 14 February 2012.

CPS Senior District Crown Prosecutor Siân Sullivan said:

“Having reviewed this case in line with the Code for Crown Prosecutors, I have today decided that there is sufficient evidence to charge Stephen Farrow with the murders of Betty Yates and John Suddards. I have also authorised a charge of burglary at a separate address in Thornbury.

“I would like to remind all concerned that Stephen Farrow now stands charged with criminal offences and has the right to a fair trial. It is very important that nothing is said, or reported, which could prejudice a trial.”

Officers would like to thank members of the public for all their support on this investigation to date.

Detective Chief Inspector Simon Crisp from Avon and Somerset Constabulary’s Major Crime Investigation Team said:

“Once again it has been the contribution of a member of the public that has made the difference - my thanks go to that person for their courage in providing us with that vital information.”

Detective Chief Inspector Neil Jamieson of West Mercia Police said:

"I would also like to express my gratitude to those members of the public who have helped us and responded to our appeals and I would also still encourage people to come forward and talk to us if they have information which could assist our inquiry.

"We still have a strong police presence in Bewdley and hope this will help reassure people that the area, and indeed the whole of the West Mercia, remains a very safe place in which to live, work and visit."

Stephen Farrow will appear at North Avon Magistrates’ Court on 23 February 2012.

CPS statement on Carl Whant conviction: "Important to mark death of unborn child with separate charge"

David Wooler, Crown Advocate for the Crown Prosecution Service in Wales, said:

“When we reviewed the initial evidence against Carl Whant gathered by Heddlu Gwent Police back in February last year, the truly horrific nature of the crimes committed was all too apparent.

“At that stage it was clearly appropriate to authorise a murder charge in relation to Nikitta Grender’s death. However, the offence of murder cannot be committed against unborn children and we felt it was extremely important that Kelsey-May’s death was marked by a separate charge in its own right.

“Carl Whant was therefore also charged with the offence of child destruction, under the Infant Life Preservation Act 1929. This piece of legislation – thankfully very rarely used – can help protect the rights of an unborn child that is capable of being born alive. Kelsey-May undoubtedly fit that description.

"This is an offence which prohibits wilful acts causing the death of any child capable of being born alive - and given the advanced stage of Nikitta Grender's pregnancy, Kelsey-May certainly fit that description.

"Child destruction is, thankfully, a very rarely used charge; we are not aware of another case like this one in Wales. When the legislation was originally drafted in the 1920s, it was intended to be used to curb the activities of back-street abortionists. But in a more modern setting, it can be applied to cases where an offender deliberately takes the life of an unborn child through a violent or aggressive act.

"As the police inquiry continued over the weeks and months following the original incident, more evidence became available to us, ultimately leading to the addition of rape and arson charges against Carl Whant.

“I think many of us involved in highly emotive cases such as this one experience a strange mixture of emotions at its conclusion. Whilst we may feel that a conviction provides vindication for the immense amount of hard work that goes into a major criminal investigation and prosecution, we are acutely aware that today’s verdict does not bring back Nikitta or Kelsey-May.

“Equally, whilst we may move on to our next case, the family and friends of the victims are left to grieve their loss for many years to come. All we can do is hope that today’s conviction at least allows them to take one small step forward in rebuilding their lives.

“A large number of people have supported this trial as witnesses and we would like to thank each and every one of them for their strength and resilience.”