CPS News Brief

CPS Statement on Anne the Elephant

The Crown Prosecution Service has today agreed to take on the prosecution of Bobby and Moira Roberts in relation to the mistreatment of their circus elephant Anne.

The prosecution was originally brought as a private prosecution by Animal Defenders International (ADI), a worldwide animal welfare organisation which carried out an investigation into Anne’s welfare at the Roberts’ circus in Peterborough during the period of 21 January to 15 February 2011.

Earlier this month, the CPS was approached by the legal representatives in the case with a view to the CPS taking over the prosecution. Given the public concern over the case, the Director of Public Prosecutions, Keir Starmer QC, has now agreed that the CPS take over and continue the legal proceedings against the Roberts.

Mr and Mrs Roberts are jointly charged with the following offences:

1. Causing the elephant to suffer unnecessarily, by requiring the elephant to be chained to the ground at all times, contrary to section 4(1) of the Animal Welfare Act 2006
2. Failing to take reasonable steps to prevent their employee from causing unnecessary suffering to the elephant, by repeatedly beating it, contrary to section 4(2) of the same Act
3. Failing to take reasonable steps to ensure that the needs of the elephant were met to the extent required by good practice, contrary to section 9 of the same Act.

The private prosecution was commenced by ADI on 18 July 2011 at Northampton Magistrates Court. Now that the CPS is prosecuting the case, the adjourned first appearance will take place at Corby Magistrates Court on 01 December 2011. At that hearing the court is likely to give directions in preparation for the trial.

Anne is a 58-year-old female elephant brought from Sri Lanka to The Bobby Roberts Super Circus in the 1950s. Anne was subsequently transferred to Longleat Safari Park with the owners’ consent. These defendants have the right to a fair trial. It is important that nothing should be reported that could prejudice their trial

CPS celebrates November'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, two gangs are jailed for a total of hundreds of years, CPS lawyers help 'clean up' a troubled estate, and Drink Banning Orders make a real difference to citizens' lives.

CPS authorise charging of Shaun and Lisa Percy

Bryan Boulter, from the Crown Prosecution Service Special Crime and Counter Terrorism Division said:

“I have today authorised Lancashire Police to charge two prison officers, Shaun Percy and Lisa Percy, in connection with the death of Christopher Oldham who was found hanged in his cell at HMP Preston on 21 April this year. This decision was taken in accordance with the Code for Crown Prosecutors.

“Shaun Percy is charged with misconduct in public office. It is alleged that during the night of 21 April 2011 he failed to carry out mandatory cell checks in relation to a number of prisoners who had been assessed as being at risk of suicide, including Christopher Oldham, without reasonable excuse or justification. It is further alleged that he falsely recorded on the relevant forms that he had done these checks.

“I have also authorised Lancashire Police to charge Lisa Percy, Shaun Percy’s wife and senior officer on the night in question, with intent to pervert the course of public justice. It is alleged that when Christopher Oldham was found hanging in his cell, Lisa Percy made further entries on the relevant records in her husband’s name falsely recording that he had made two further checks on Mr Oldham.

“Christopher Oldham was found hanged in his prison cell during the night of 21st April 2011.

“The defendants will appear at Preston Magistrates Court on the 21st November 2011.”

Cricketers' match fixing trial

Sally Walsh, Senior Lawyer in the Special Crime and Counter-Terrorism Division of the Crown Prosecution Service said:

“Salman Butt, Mohammad Amir and Mohammad Asif deliberately and knowingly perverted the course of a cricket match for financial gain. Through their actions they brought shame on the cricketing world, jeopardising the faith and admiration of cricket fans the world over. This prosecution shows that match fixing is not just unsportsmanlike but is a serious criminal act.

“The actions of these top international players went against everything expected of someone in their position and they failed to take into account their fans of all ages and nationalities when deciding to abandon the values of sportsmanship so unconditionally.

“The prosecution said that Butt, Amir, and Asif conspired together, in August 2010, to accept money as an inducement or reward for the giving of advance information about the bowling of ‘no balls’ in the Lord’s Test match by Asif and Amir.

“The court was told that these charges related to the bowling of ‘no balls’ on 26 and 27 August 2010, during Pakistan’s Fourth Test at Lord’s Cricket Ground in London.

“People who had paid good money to see a professional and exciting game of cricket on the famous ground at Lord’s had no idea that what they were watching was not a true game but one where part of the game had been pre-determined for cash.

“Butt and Asif denied any wrong doing but the jury has decided after hearing all the evidence that what happened on the crease that day was criminal in the true sense of the word.”

CPS Statement on Shane Webber

Frank Richardson, District Crown Prosecutor for the Crown Prosecution Service in Wessex said:

“For more than a year Shane Webber had subjected his former girlfriend, Ruth Jeffery, to a campaign of harassment and humiliation by posting onto social networks intimate pictures of her. Webber made sure that these pictures were tagged so that Miss Jeffery’s university friends and her family would receive a message alerting them that a picture has been sent to them. He also directly emailed those pictures to Miss Jeffery’s parents, causing her and them immense distress as each time they tried to have the pictures removed, Webber had created a new website.

“Webber knew very well that he would be the first to be suspected as he was the one who took the pictures of Miss Jeffery when they were in a relationship. To prevent anyone having suspicions against him, he manipulated her into believing that the pictures were stolen after he had been the victim of computer hacking.

“It was not surprising that Miss Jeffery was extremely shocked and angry to learn that her former partner was, in fact, her stalker. Although Shane Webber has pleaded guilty and was sentenced today, she will still have to live with the fact that for a year she and her family felt powerless in trying to stop this persistent intrusion into her private life.

“The Crown Prosecution Service launched its legal guidance on stalking and harassment last year as we know that victims of stalking continue to live in fear of their stalkers, despite the fact that they may have been prosecuted.

“Effective restraining orders remain the best way to stop contact between the offender and the victim. This is why we have told the court today that Shane Webber should not communicate in any way with the victim and others related to her and that he should not display any material relating to her on any social networking sites.

“We hope that with this prosecution anyone who thinks that they may have been a victim of stalking will have the confidence that their complaint will be investigated and that, if there is sufficient evidence, will be prosecuted by the CPS.

“We hope that Miss Jeffery and her family will now be able to move on with their lives.”

Diary - week of 31 October

Monday

• Southampton Magistrates Court, sentencing of Shane Webber, convicted under Section 2 of the Protection of Harassment Act 1997 of stalking his girlfriend online

Tuesday

• Inner London Crown Court, hearing of Andrew Burls, charged with arson after starting a fire at a clothing store in Peckham, London during recent violent disorder in the capital

Thursday

• Preston Magistrates Court, sentencing of Stephen Lennon, founder and leader of the English Defence League, convicted of assault during a rally by the group in Blackburn
• Marylebone Magistrates Court, extradition hearing of Richard O’Dwyer, accused by the US authorities of infringing film copyright
• Oxford Crown Court, plea hearing of Jonathan Limani, accused of murdering Christopher Varian by beheading him at Oxfordshire Golf Club

Friday

• Lewes Crown Court, plea hearing of Thomas Lewis Hughes, accused of endangering a Monarch Airlines flight as it travelled from Mombasa, Kenya to London Gatwick Airport Wood
• Green Crown Court, plea and directions hearing of Clive Owori and Santos St John, accused of burglary and theft from a store in Ealing, London during recent violent disorder in the capital
• Oxford Crown Court, plea hearing of Ensar Gol, a Turkish national accused of killing his wife and mother in law. He also faces a charge of attempted murder of another woman.

Conviction and sentencing of Vincent Tabak for the murder of Joanna Yeates

Ann Reddrop, Head of the Crown Prosecution Service South West Complex Casework Unit said:

“Vincent Tabak was a cunning, dishonest and manipulative man who knew exactly what he was doing when he killed Joanna Yeates. Today he has been convicted by a jury in Bristol of her murder last year, despite claiming he meant her no harm.

“He was cunning and dishonest towards his girlfriend with whom he maintained a “normal” relationship - even going so far as to text her shortly after Joanna was dead to say he was bored.

“He manipulated the police by virtue of his own in-depth research on the Internet to keep one step ahead of the investigation before his arrest, looking up extradition and medical details of decomposition.

“He made very selective admissions surrounding the circumstances of Joanna’s death which sought to cast her in an unfavourable light and he kept this up even when he was giving evidence to the jury. Tabak thought his cleverness and deceit would prevent him being convicted of a brutal murder. He was wrong.

“Joanna went missing on 17 December 2010 after meeting friends for drinks. For several days the police mounted a missing person enquiry but with the discovery of her body on Christmas Day it became a murder investigation. The police team undertook a painstaking enquiry into this murder and Vincent Tabak became the focus of their attention following the finding of his DNA on Joanna’s body

“Late in December 2010 the police asked for assistance and guidance from the Crown Prosecution Service. That assistance has come from the South West Complex Casework Unit based here in Bristol. I reviewed the evidence, advised that Vincent Tabak should be charged with Joanna’s murder and began preparing the case for trial.

“In May 2011, Tabak admitted the manslaughter of Joanna, but that was only part of the story. The Crown’s case is and always has been that it was a deliberate act on his part and that is why we refused to accept his plea to manslaughter and he has faced trial for murder over the past four weeks.

“Joanna’s family has been here in Bristol during the trial and have listened to much of the evidence. Our thoughts are with them today as Tabak begins a life sentence for killing their daughter.”

Man sentenced over Facebook posting during disorder

David Hurlstone, Specialist Prosecutor with the Crown Prosecution Service Special Crime and Counter Terrorism Division said:

 “While Philip Burgess, like others, posted remarks on Facebook encouraging people to take part in the disorder, he went further and posted remarks which incited racial hatred.

“This meant that not only was Burgess charged with intentionally encouraging others to “riot”, but also with three offences of stirring up racial hatred.

“On 9 August 2011, Burgess posted a 'message to all' saying 'We need to start riot’n we need to put Manchester on the map, first lets riot king street Manchester haha.' Later that day, and on the next two days, he posted three further messages on his Facebook page, each of which was abusive and insulting, and likely in the circumstances to stir up racial hatred.

“For someone to use Facebook to organise and orchestrate disorder at a time when incidents were taking place in the North West – frightening a great many people – is unacceptable. To then add expressions such as “bring in the KKK” and refer to “monkey language” crosses the line from obnoxious language to a criminal offence.

“Burgess has a previous conviction for racially aggravated common assault and the Judge was made aware of this prior to sentencing him to a total of three years' imprisonment for these offences”.

Joint CPS and MPS submission to the Leveson Inquiry

The Leveson Inquiry has today made public a joint submission it received from the Crown Prosecution Service and Metropolitan Police Service. Please see the Inquiry website for the submission.

A CPS spokesperson said:

“A joint submission from the Crown Prosecution Service and Metropolitan Police Service was submitted to the Leveson Inquiry this morning (Wednesday 26 October). This clearly sets out how we intend to assist the Inquiry to balance its aspiration that Part 1 should be thorough, without inadvertently making it difficult for a criminal trial to take place. The CPS, MPS and the Inquiry are all working together to achieve this common goal and the CPS will do all it can to assist the Inquiry as it progresses.”

DPP meets family of Jane Clough

The Director of Public Prosecutions, Keir Starmer QC met with the family of Jane Clough at CPS Headquarters in London on Thursday, 20 October 2011. A number of issues were discussed and Mr Starmer was able to offer his personal condolences to Mr and Mrs Clough over the death of their daughter, Jane, in July 2010.

Mr Starmer said:

“This was an extremely sad case and Jane’s family have shown real courage and dignity in the way they have dealt with her death and the issues they feel have arisen from the case against Jonathan Vass. I met with Mr and Mrs Clough on Thursday, 20 October and we discussed a number of issues.

“One of which is the current Government proposal to provide the prosecution with the opportunity to appeal against the decision of a Crown Court judge to grant bail. I understand that there are a number of details to be worked out, and it has not, for example, been decided who should hear such an appeal.

“From my perspective however, having given the matter careful consideration, I have come to the view that we would welcome the introduction of such a power for the prosecution.

 “We would not anticipate such a right of appeal being used very often; however, where it was felt that a judge had got a decision on bail wrong, and the interests of victims and the wider public demanded that such a decision be challenged, then this would be regarded as a useful and appropriate option for the prosecution to have available to it.

“I have also given my undertaking to Mr and Mrs Clough that we will consult, both inside and outside the CPS, on draft guidance on prosecuting offences of rape when a further, very serious offence such as murder, has also been committed. In these cases we will consult on what factors, other than that of the likely sentence to be imposed, we should consider before asking for rape offences to be made to lie on file – particularly those factors affecting the families of victims.

“Jane Clough’s case was particularly tragic, and whilst I am satisfied that the prosecution was conducted properly, I do think it is important that Mr and Mrs Clough have been able to raise these issues with me and I have welcomed their comments.”

 

Diary - week of 24 October

Monday

• Exeter Crown Court, plea and case management hearing for Junior Bradshaw and Kevin Liverpool, charged with conspiracy to commit robbery and conspiracy to commit grievous bodily harm in an alleged plot involving singer Joss Stone.

Tuesday

• Westminster Magistrates' Court, remand hearing for Mujahid Hussain, accused of terrorism offences including entering into a funding arrangement for the purposes of terrorism and failing to disclose information about acts of terrorism

Friday

• Inner London Crown Court, plea and case management hearing for Gordon Thompson, charged with arson with intent to endanger life at Reeves' furniture store, Croydon; violent disorder and burglary during the disorders in August.
• Birmingham Crown Court, sentencing hearing for Christine Hemming, convicted last month of burglary after stealing a kitten from the home of her husband's lover.

 

Diary week of 17 October

Monday

• Simon Harwood appears for a plea and case management hearing at Southwark Crown Court accused of the manslaughter of Ian Tomlinson following the G20 protests.
• Brian Dodgeon appears at West London Magistrates’ Court charged with drug possession after the death of a 15 year old girl, Isobel Reilly, from cardiac arrest at a party held at his house.

Wednesday

• Ensar Gol appears for a plea hearing at Oxford Crown Court accused of killing his wife and mother in law. He also faces a charge of attempted murder of a friend of his wife’s family.

Thursday

• Kweku Adoboli appears for a committal hearing at City of London Magistrates Court. He is the UBS trader who is accused of gambling away £1.5 billion while working at UBS. He is charged with fraud.

Friday

• Babulal Vaja appears for sentencing at Southwark Crown Court. He is an ex member of staff at Scotland Yard who has been found guilty of perverting the course of justice. Reece Jackson appears for a plea and case management hearing at Wood Green Crown Court. He is accused of committing violent disorder, one attempted burglary and three burglaries which were committed during the recent violent disorder in London.

Four men sentenced for smuggling four tonnes of cannabis

Al Turner, 53, Mark Timothy, 59, Johna Bouma, 64, and Franciscus De Geus, 66 were sentenced today at Lewes Crown Court.

The defendants pleaded guilty on 23 September to attempting to smuggle drugs into Europe and the UK. Turner, Timothy and Bouma were each sentenced to nine and a half years' imprisonment. De Geus was sentenced to five years imprisonment.

 Ian Harris Head of the Complex Casework Unit for CPS Wessex said: “This case demonstrates the determination that the Crown Prosecution Service and UKBA share in robustly investigating and prosecuting people involved in drug smuggling.

“Our evidence against each defendant, who conspired together to conceal four tonnes of cannabis inside a luxury yacht, was compelling. Thanks to the thorough investigation of UKBA investigators we were able to bring a very strong case against each of the defendants, which left them with no choice but to plead guilty at an early stage.

“This prosecution serves as a warning to any drug smugglers who think that they can find a way to conceal drugs and evade the nets of law enforcement.

 “As crown prosecutors, our duty at sentencing is to apply for a confiscation order. The Majestic, the £2m-luxury Dutch registered yacht that was used to smuggle the drugs, has already been forfeited and we will now look at the confiscation of the rest of their ill gotten gains.”

Court officer admits taking bribe in first prosecution under Bribery Act

A former magistrates’ court administrative officer has today admitted taking a £500 bribe to “get rid” of a speeding charge. This is the first prosecution and conviction under the Bribery Act 2010.

Munir Patel, pleaded guilty today at Southwark Crown Court to bribery and misconduct in public office.

Gaon Hart, Senior Crown Advocate for the CPS Special Crime and Counter Terrorism Division, said:

"Public corruption is an extremely serious offence that undermines public faith in the integrity of those who work in the criminal justice system. The prosecution case is that Patel abused his position as a court administrative officer at Redbridge Magistrates’ Court in East London, to solicit a bribe from a member of the public.

“Public servants are required to act with integrity, honesty, objectivity and impartiality but Patel’s actions could not have been further from each of these. His conduct has brought into disrepute the criminal justice system as he sought to undermine the very laws which he was employed to uphold. The public rightly expects criminal cases to be dealt with fairly and professionally, and the police, courts and CPS have all worked together to deal with this case swiftly and robustly.

“This prosecution is the first of its kind under the Bribery Act 2010 which has provided a significant weapon in the armoury of prosecutors that enables us to focus on the bribery element rather than general misconduct behaviour. We will continue to target those who act corruptly purely for personal gain and tailor the charge to reflect their wrong-doing.”

Patel pleaded guilty to section 2 of the Bribery Act 2010 for requesting and receiving a bribe of £500 for offering to ‘get rid’ of a speeding charge for someone. He also pleaded guilty to misconduct in public office for other similar offences. The seven charges of possessing false garage receipts for use in fraud have been ordered to lie on file.

Munir Patel will be sentenced on 11 November 2011 at Southwark Crown Court.

Man charged with murder over Mildenhall shootings

Chris McCann, East of England Complex Casework Unit Head and reviewing lawyer  in the case said:

“I have today advised Suffolk Police to charge Christopher Line, aged 28, with the murders of David Castell and Shane Hill on 15 March 2011, following the shooting of both men at Willow Park Caravan Site, Beck Row, Mildenhall, Suffolk. The decision was taken in accordance with the Code for Crown Prosecutors.

“The defendant will appear at Ipswich Magistrates' Court tomorrow, 14 October 2011."