CPS News Brief

Clarification regarding the visit to the UK of Ms Tzipi Livni

There has been some misreporting of the circumstances around the visit of Ms Tzipi Livni to the UK this week.

It is incorrect to say that the DPP blocked any attempt to arrest Ms Livni as has been incorrectly reported. To see the CPS statement on the case, please scroll down, or click here.

Diary week of 10 October

Diary week of 10/10/2011

Monday

• Max Kay appears for a plea and case management hearing at Chester Crown Court accused starting a fire at a hotel on the night of his wedding
• Mohammed Bouzaliam and others appear for trial at Isleworth Crown Court accused of falsely claiming £600,000 in benefits.

Tuesday 

•  Clement Ugbomah appears for trial at Liverpool Crown Court accused of posing as an advocate during a High Court hearing.

Friday

• Munir Patel appears at Southwark Crown Court charged with misconduct in a public office. This is believed to be the first prosecution under the Bribery Act.
• Johnny Melfah appears for sentencing at Worcester Crown Court. He was found guilty of inciting violence in the recent disorder.

CPS statement on the case of David Simmonds

Judith Walker, Chief Crown Prosecutor for CPS East Midlands said:

“Today, David Simmonds has been sentenced for the utterly needless killing of a bright, popular young woman with a promising future ahead of her.

“It was the prosecution’s case that Simmonds subjected Jia to a brutal, sustained attack intending to kill her. Having killed her, he set about concealing her body. The time and care he took in doing so and in disposing of her possessions indicate that this was a deliberate attempt to avoid detection and was not the result of confusion or disorientation.

“The CPS and the Police pieced together the evidence to build a compelling case against him. This included his fingerprints on Jia’s possessions in the woods, her blood on footwear found at his home, his inconsistent accounts and lies to the police and a letter to his family saying he was probably never going to see them again.

“Despite the strength of the evidence against him, Simmonds continued to deny the offence, only pleading guilty a week ago. He is now facing the consequences of his appalling crime. The sentence handed down today marks the end of what has been an agonising process for Jia’s family and friends, and I hope this will bring some closure and help them come to terms with their terrible loss.”

Vincent Cooke not charged for death of intruder

A man who fatally stabbed an intruder in his home in Bramhall will not be charged with murder the Crown Prosecution Service announced today.

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

“I have decided, after carefully considering the evidence in this case, that Vincent Cooke should not face any charges for the fatal stabbing of Raymond Jacob on 17th September during the course of a burglary at his home.

“I am not able to go into great detail about the circumstances of the incident as there is an ongoing prosecution against a second man for burglary, but the evidence shows that Mr Cooke had been taken upstairs at knifepoint, and that during a struggle with Raymond Jacob, Mr Cooke stabbed him in self defence. At the time he was in fear for his own safety and the safety of his wife and son who arrived at the house as the incident was happening.

 “It is clear to me that Mr Cooke did what he honestly and instinctively believed was necessary on that day to protect himself, his home and his family from intruders.

“As Crown Prosecutors we look at all cases on their merit and according to the evidence in the individual case. I am satisfied that this is a case where a householder, faced with armed intruders in frightening circumstances, acted in reasonable self defence. The law is clear that anyone, who acts in good faith in using whatever force they honestly feel is necessary to protect themselves, their families or their property, will not be prosecuted for such action.”

CPS statement in relation to Ms Tzipi Livni's visit to the UK

During the afternoon of 4 October 2011, an application was made to the Director of Public Prosecutions, Keir Starmer QC, to exercise his consent pursuant to section 153 of the Police and Social Responsibility Act 2011, for a private prosecutor to apply for a warrant to arrest Ms. Tzipi Livni, the former Foreign Secretary in Israel for alleged offences relating to grave breaches of the Fourth Geneva Convention in relation to military action in Gaza in December 2008. The application was supported by a body of information, which has been supplemented by the applicant on our request in the intervening period.

All the available information has been carefully considered by senior and experienced lawyers in the Special Crime and Counter Terrorism Division of the CPS. However, no concluded view has been reached on whether there is sufficient evidence to support a realistic prospect of conviction against Ms Livni in relation to the alleged offences.

This morning a certificate issued under the authority of Her Majesty’s Principal Secretary of State and bearing today’s date has been served on the CPS stating that the Foreign and Commonwealth Office has consented to the visit to the UK of Ms. Livni on 5- 6 October 2011 as a “special mission,” and she has been received as such.

On a previous occasion the High Court of England and Wales has considered the legal effect of such a certificate. In Bat v German Federal Court and The Government of Mongolia and The Secretary of State for Foreign and Commonwealth Affairs [2011] EWCH 2029 (Admin), the High Court ruled that a “special mission” performs temporarily those functions ordinarily taken care of by a permanent diplomatic mission and that accordingly a “special mission” is afforded immunity from suit and legal process for the duration of the mission. The High Court also ruled that it is not open to a court to call into question the classification of a mission as a “special mission” by the Foreign and Commonwealth Office. The immunity attracted by those on special missions has also been recognised in a number of decisions made by District Judges.

The ruling of the High Court is binding on all magistrates’ courts. Accordingly the Director of Public Prosecutions has concluded that a Magistrates’ Court would be bound to refuse any application for the arrest of Ms Livni for the duration of this visit.

In those circumstances, the Director of Public Prosecutions has refused to give his consent to the private prosecutor to make an application to the court for an arrest warrant. In considering this application, the Director of Public Prosecutions has consulted the Attorney General, but the decision is his.

Diary week of 3 October

Diary week of 03/10/2011

Monday

• Trial of Pakistani cricketers at Southwark Crown Court following alleged cricket match-fixing

• First hearing of George Collier for the manslaughter of Meg Burgess (three year old girl who died when a garden wall collapsed on her) at Prestatyn Magistrates Court

Tuesday

• Trial of Vincent Tabak at Bristol Crown Court for the murder of Jo Yeates, the Bristol landscape gardener

• Trial of Damien Fowkes at Hull Crown Court for the attempted murder of Soham killer Ian Huntley and the murder of convicted paedophile Colin Hatch

Wednesday

• Plea and Case Management Hearing at Inner London Crown Court for Laura Johnson, teenager allegedly involved in the recent disorder in London

• Trial of actor Brian Regan at Liverpool Crown Court for the murder of nightclub doorman Bahman Faraji

Thursday

• Sentencing of Shane Webber at Southampton Magistrates Court who pleaded guilty to a charge of harassment against his girlfriend Ruth Jeffery for stalking her online

Friday

• Plea and Case Management hearing at Mold Crown Court for footballer Ched Evans who is charged with rape after an alleged incident at the Premier Inn Hotel North Wales

Christine Hemming found guilty of burglary

Jason Pegg, Crown Advocate for West Midlands Crown Prosecution Service, said:
“This case was in its simplest terms a house burglary in which something precious and personal was stolen, namely a kitten.
“On the evening of the 29th of September last year, John Hemming and his young daughter were at the family home of Emily Cox when Christine Hemming entered the house without permission and stole a four-month old kitten. CCTV cameras, which were installed on the house, captured the moment when Mrs Hemming approached the house, entered the house and final left the house with the kitten under her arm.
“We are still unsure what the motive was behind this burglary, but whatever it was, a crime was committed and today Mrs Hemming has been found guilty of that crime.”

Diary week of 26 September

Monday

• German nationals Christian Emde and Richard Baume appear at the Old Bailey charged with terrorism offences.

Tuesday

• Trial of Christine Hemming at Birmingham Crown Court, accused of burglary. It is alleged she burgled the home of her husband’s girlfriend.

Wednesday

• Anthony Read, Karl Bartlett and Colin Nye, police officers accused of assault appear at City of Westminster Magistrates' Court.

Friday

• Hearing at Lewes Crown Court for Allen and others, accused of violent disorder and arson being reckless to endanger life following disorder at Ford Open Prison in West Sussex.

Statement from the Crown Prosecution Service on action proposed by the Metropolitan Police Service in seeking a production order against the Guardian newspaper.

A Crown Prosecution Service spokesperson said: “On Monday the Metropolitan Police asked the CPS for advice in relation to seeking a production order against Guardian Newspapers. The CPS has asked that more information be provided to its lawyers and has said that more time will be needed fully to consider the matter. As a result the scheduled court hearing will not go ahead on Friday. The MPS will consider what application, if any, it will make in due course, once it has received advice from the CPS.”

Additional information:

• Prosecutions under the Official Secrets Act require either Attorney General’s consent or, if the offence is under s.4(2) of the Act, DPP consent.
• A production order would be sought under the Police and Criminal Evidence Act. This is an investigatory matter which does not require either AG or DPP consent.

CPS statement on Able Seaman Ryan Donovan

Nick Hawkins, Chief Crown Prosecutor of CPS Wessex said:

“This was a shocking and unprecedented event where an Able Seaman shot dead an officer, wounded another and shot at two more of his colleagues in the presence not only of naval staff but also civilian visitors on board HMS Astute. A group of school children who had only just left after their visit were waiting on the jetty and heard the gunshots.

“By pleading guilty Ryan Donovan has taken criminal responsibility for his actions and, with this conviction, the family of Lieutenant Commander Molyneux and the other victims and their families will not have to relive these painful moments throughout a trial.

“My thoughts are with Mrs Molyneux and her family for their sad loss, and also with Petty Officer Christopher Brown, Chief Petty Officer David McCoy, and Lieutenant Commander Christopher Hodge who also have to live with the memory of that day.

“Donovan was in possession of an SA80 rifle and 30 rounds of live ammunition in the course of his duties as a sentry. He used this gun to shoot firstly at Chief Petty Officer McCoy and Petty Officer Brown, fortunately he missed them both and they were unhurt. He then shot Lieutenant Commander Molyneux once in the head, who died as a result of the wound received. 

"He finally shot Lieutenant Commander Hodge once in the abdomen, causing him serious injuries. Donovan was wrestled to the ground by two civilians, who acted heroically without regard to their own safety, and he was restrained and disarmed. During the struggle a seventh bullet was discharged.

“We have worked very closely with Hampshire Constabulary and the Royal Navy on this investigation producing a very strong case that resulted in Ryan Donovan pleading guilty and being sentenced just five months after this tragic event.”

CPS Diary - week of 19 September

Monday

• Plea and case management hearing at Winchester Crown Court for Able Seaman Ryan Donovan, charged with the murder of Lieutenant Commander Ian Thomas Molyneux and the attempted murders of Petty Officer Christopher Brown, Chief Petty Officer David McCoy and Lieutenant Commander Christopher Hodge, in April 2011 on board the submarine HMS Astute.

Wednesday

• Committal hearing at Bexley Magistrates' Court, Kent, for Laura Johnson who faces five counts of burglary in connection with the theft of goods from stores in south London during the disorder last month.
• Chelsea Ives, charged with two counts of burglary, violent disorder and an attack on a police car during the disorder last month. First appearance at Wood Green Crown Court, London.

Friday

• Sentencing hearing at Birmingham Crown Court for Robin Stanislaw Ligus, who is already serving life for killing a pensioner in 1994. A jury in Birmingham Crown Court in July 2011 found he was responsible for killing two other men,Trevor Bradley and Brian Coles in 1994.

CPS authorises police to charge City trader

Sue Patten Head of the Crown Prosecution Service Central Fraud Group said:

“Lawyers from the CPS Central Fraud Group have today (16 September 2011) authorised City of London police to charge 31-year-old Kwaku Adoboli. He has been charged with false accounting and fraud by abuse of position.”

Kwaku Adoboli will appear before City of London Magistrates Court this afternoon.

CPS Diary - week of 12 September

Monday

• Extradition hearing at City of Westminster Magistrates' Court, for student Richard O'Dwyer, wanted by the United States for infringing film copyright on his website.
• Sentencing at Grimsby Youth Court of Kallan Richardson, 18, who admitted grievous bodily harm after a four-year-old girl was hit in the face with a brick.

Wednesday

• Jonny Melfah, 16, due to be sentenced at Worcester Youth Court for inciting others on Facebook to take part in disorder in Worcester town centre.

Friday

• Trial of Alex Blackburn-Smith for offences under the Dangerous Dogs Act following the death of Barbara Williams who died in December 2010 after being mauled by a dog. Croydon Magistrates' Court.

Statement on R v Munir Farooqi and Others

Rose-Marie Franton, Unit Head and senior lawyer in the Crown Prosecution Service Special Crime and Counter Terrorism Division said:

“This was a very serious case where these men used their Manchester market stall as a front to lure young men into ostensibly becoming converts to Islam, but with the ultimate aim of recruiting them to attend terrorist training camps and fight overseas.

“A thorough and careful preparation of the evidence by Greater Manchester Police and the CPS included secretly recorded conversations by two undercover police officers which demonstrated how they were being groomed to fight abroad against coalition and British troops in Afghanistan.

“These conversations were played to the jury and the two undercover officers, who gave evidence in court from behind screens to protect their identities, also described to the court exactly how the defendants tried to persuade them to help with violent jihad.

“The prosecution said that Munir Ahmed Farooqi, his son Harris Farooqi, Matthew Ronald Newton and Israr Hussain Malik all used various means to groom the officers, referred to in court as Simon and Ray, to fight against the coalition forces in Afghanistan.

“The defendants gave them terrorist books and DVDs to read and watch, some of them with appalling images of atrocities against Muslims.

“The prosecution said that far from trying to help Simon and Ray reach a genuine understanding of Islam, the motive of Munir Farooqi and his associates was to recruit fighters with a religious duty to train, fight, kill and die if necessary.

“The four defendants faced 12 charges including soliciting to murder, dissemination of terrorist publications and engaging in conduct in preparation for acts of terrorism. They denied the charges but Munir Farooqi, Matthew Newton and Israr Malik have been found guilty of all charges. Harris Farooqi was acquitted of the charge he faced."

Further Information - Charges

Munir Farooqi: 3 x soliciting to murder; 1 x engaging in conduct in preparation for acts of terrorism by attempting to recruit others to engage in violence abroad; 1 x distributing terrorist publications.

Harris Farooqi: 1 x engaging in conduct in preparation for acts of terrorism by attempting to recruit others to engage in violence abroad.

Matthew Newton: 2 x distributing terrorist publication; 1 x engaging in conduct in preparation for acts of terrorism by attempting to recruit others to engage in violence abroad.

Israr Malik: 2 x soliciting to murder; 1 x engaging in conduct in preparation for acts of terrorism by attempting to recruit others to engage in violence abroad.

Two charged with the murder of Shafilea Ahmed

A man and a woman have been charged today with murder in connection with the death of Shafilea Ahmed.

The Crown Prosecution Service Mersey-Cheshire has authorised Cheshire Constabulary to charge Iftikhar Ahmed, aged 51, and Farzana Ahmed, aged 48, of Liverpool Road Warrington, with the murder of Shafilea Ahmed. They were arrested on suspicion of murder in 2010 and released on police bail.

Shafilea, 17, was last seen in her home town of Warrington, Cheshire, in September 2003. Her body was found in February 2004 on the banks of the River Kent in Cumbria.