CPS News Brief

Manchester man faces no charges for fatal stabbing in florist's

We have decided that no charges should be brought against 72-year-old Cecil Coley who stabbed to death an intruder who forced his way into his family’s florist shop in Old Trafford in July 2011. The CPS has also concluded that he should not face any charges for injuring a second man who was stabbed in the incident.

Nazir Afzal, Chief Crown Prosecutor for the North West Area said that he was satisfied after considering all the statements and other evidence gathered by Greater Manchester Police that Mr Coley was acting in reasonable self-defence at the time, and should not be prosecuted for any offence over the death of Gary Mullings. Mr Afzal said:

“It is difficult to envisage a more frightening set of circumstances than these. Four men, armed with guns and a knife, forced their way into the shop as Mr Coley was locking up. Mr Coley received a number of injuries, including a serious facial injury, and his friend was knocked unconscious. At some point in the incident one of the guns, a blank firing pistol, was fired.

“All the evidence indicates that when Cecil Coley took hold of a knife that was on the shop counter and struck out with it he was acting in a way that he felt instinctively necessary to protect himself, whilst fearing for his life.

“It is clear from the evidence I have seen that Mr Coley was acting in reasonable self defence, and used the degree of force that he believed was necessary when he fatally stabbed Garry Mullings and injured another of the intruders. I am therefore satisfied that there is insufficient evidence to prosecute Mr Coley for the stabbings.

“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.”

Further information

Kyle Mullings, Joseph Junior Mullings and Nathan Walters have been charged with robbery at Feathers Frills and Flowers in Shrewsbury St, Old Trafford on 26th July 2011. They will appear at Manchester Crown Court, Minshull Street, for a plea and case management hearing on 13 October 2011. The media are reminded that as those proceedings are active it is important that nothing is reported that could prejudice a future trial.

Margaret Moran faces 21 charges in relation to parliamentary expenses claims

Keir Starmer QC, Director of Public Prosecutions, today announced that Margaret Moran, former Member of Parliament for Luton South, has been summonsed to appear at City of Westminster Magistrates' Court on 19 September 2011 to face 21 charges in relation to claims she made for parliamentary expenses. Mr Starmer said:

“Having thoroughly reviewed the evidence gathered by the police, we have decided there is sufficient evidence and it is in the public interest to bring criminal charges against Margaret Moran. These charges relate to fraudulent claims with a total value of more than £60,000.

“The summons relates to 15 charges of false accounting, contrary to the Theft Act 1968. It is alleged that she claimed expenses for the furnishing and improvement of main residences between November 2004 and August 2008 through a scheme intended for the maintenance of second homes or offices.

“Ms Moran also faces six charges of forgery, contrary to the Forgery and Counterfeiting Act 1981, where it is alleged that she submitted forged invoices in support of some of her claims.”

On 15 May 2009, the Director of Public Prosecutions and the Metropolitan Police Commissioner agreed to set up a panel of senior police officers and senior prosecuting lawyers to assess a number of complaints made to the Metropolitan Police Service in relation to parliamentary expense claims.

To date, 10 files of evidence in relation to 10 individuals have been submitted to the CPS for a charging decision. Of those, seven cases including that of Margaret Moran have resulted in charges, no further action was taken in two cases and the request for a charging decision on one file was withdrawn by the police after further evidence came to light. There are no longer any cases to be considered by the panel.

Mr Starmer added:

“Margaret Moran now stands charged with criminal offences and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice her trial.”

Further information

• False accounting is an offence under Section 17 of the Theft Act 1968 and is punishable by up to seven years’ imprisonment. Using a false document/instrument is an offence under Section 3 of the Forgery and Counterfeiting Act 1981 and punishable by up to ten years’ imprisonment.
• The final evidence in this case was received from the Metropolitan Police Service on 14 July 2011. Final representations were received from the defence solicitors on 19 August 2011.

CPS Diary - Week of 5 September

Monday

• Jason Richards and Ben Hope will stand trial at Cardiff Crown Court for the murder of teenager Aamir Siddiqi in April 2010.
• Jah-Kiel McDermott will appear at Wood Green Crown Court, charged with attempted grievous bodily harm in relation to an incident in which two police officers were knocked down in London during the disorder.

Tuesday

• Reece Jackson will appear at Wood Green Crown Court to face two counts of violent disorder, one attempted burglary and three burglaries, all allegedly committed during the recent disorder.

Thursday

• Jonathan Haynes will be sentenced at Bristol Crown Court following his conviction for a series of rapes and kidnaps in Wales and Wiltshire.

Friday

• A youth charged with the murder of Richard Bowes during the recent disorder will appear at the Old Bailey to enter a plea.

CPS statement on Rebecca Leighton

The Crown Prosecution Service has decided that it is no longer appropriate to continue the case against Rebecca Leighton, charged with criminal damage intending to endanger life following unexplained deaths at Stepping Hill Hospital, Greater Manchester.

The Greater Manchester Police investigation into the deaths at the hospital continues with lines of inquiry to be pursued. If further evidence is presented to the CPS then the prosecution could be re-started, given the seriousness of the case.

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

“Rebecca Leighton was charged on the basis that there was a reasonable suspicion she had committed the offences and there were reasonable grounds for believing the continuing investigation would provide further evidence within a reasonable amount of time.

“When we make a decision on this basis it would be wrong of us to keep a suspect in custody indefinitely without keeping a very close eye on what evidence is emerging and whether objections to bail can be justified.

“The inquiries, which are still ongoing, have not so far provided us with a stronger case which would meet the test that there is sufficient evidence for a realistic prospect of conviction. This is the test all cases must meet for a prosecution to go ahead.

“We have conducted a review of the case with senior police officers and sought the advice of leading counsel on whether it would be right to keep Rebecca Leighton in custody while investigations are continuing.

“The advice we have received is that on the evidence currently available there is not a case in law which could proceed and that the charges should be discontinued.

“We have therefore this afternoon informed the prison where Rebecca Leighton is being held on remand that the case against her has been discontinued and she can be released immediately. It is right and proper for us to do this.

“As this is very much a complex investigation with lines of inquiry still being followed, there is the prospect that further evidence might emerge which the CPS would then consider alongside the evidence gathered so far. The law does allow us to reinstate charges in those circumstances, particularly where the allegations are serious.”

Rebecca Leighton also faced one charge of theft of medication belonging to the hospital. This charge has also been discontinued. Mr Afzal said:

“While there is sufficient evidence for a realistic prospect of conviction on this charge, we have decided it is not in the public interest to proceed as Rebecca Leighton would be likely to receive a nominal penalty given the time she has already spent in custody.”

Background

• Rebecca Leighton was charged under the Threshold Test, which is included in the Code for Crown Prosecutors. The Code sets out the general principles to be followed by prosecutors when making decisions about prosecutions.
• On 22 July 2011, Rebecca Leighton was charged with three charges of criminal damage intending to endanger life; three charges of criminal damage being reckless as to whether life would be endangered; one charge of theft. All these charges have now been discontinued.

Court employee faces first prosecution under Bribery Act

We have decided that Munir Yakub Patel should be prosecuted under the Bribery Act 2010 in relation to allegations of misconduct during his employment at Redbridge Magistrates’ Court, Ilford, London. He is the first person to be prosecuted under the new Act.

Patel, an administrative clerk, faces a charge under Section 2 of the Act for requesting and receiving a bribe intending to improperly perform his functions.

Gaon Hart, reviewing lawyer for the CPS Special Crime and Counter Terrorism Division, said:

“It is alleged that Patel promised an individual summonsed for a motoring offence that he could influence the course of criminal proceedings in exchange for £500, on 1 August 2011.

“I have reviewed all of the evidence gathered by the police and considered the Director of Public Prosecution’s guidelines on the Bribery Act. I am satisfied there is sufficient evidence to charge Munir Patel with requesting and receiving a bribe on 1 August 2011 intending to improperly perform his functions.

“Patel has already been charged with misconduct in public office and perverting the course of justice. He still faces these charges, which relate to other alleged misconduct during his employment.”

The charge under the Bribery Act will be put to Patel at Southwark Crown Court on 14 October 2011.

Background

• The Bribery Act 2010 came into force on 1 July 2011.
• The Director of Public Prosecutions and the Director of the Serious Fraud Office have issued guidelines to prosecutors on the Act.
• Section 2(1) states that a person is guilty of an offence if they request, agree to receive, or accept a financial or other advantage intending that a relevant function or activity should be performed improperly. The maximum sentence for this offence is 10 years’ imprisonment at the Crown Court.
• The Director of Public Prosecutions consented to this charge on 26 August 2011.
• Munir Yakub Patel was charged with misconduct in public office and perverting the course of justice on 4 August 2011.

CPS statement on first cases at Birmingham Crown Court arising out of disorder

Chief Crown Prosecutor for the West Midlands, Harry Ireland said:

“Many in our community have suffered at the hands of those responsible for the recent disorder in our city. Law-abiding people were made to fear leaving their homes. Local businesses were ransacked. And today, some of the opportunists who turned on their neighbours have learned that such behaviour is intolerable and carries with it serious consequences. This is so even where, to date, those who have indulged in such appalling behaviour have never come to the court’s attention previously.

"We have seen the lives of many blighted by these events, none more so than the parents, relatives and friends of the three young men who died in Winson Green. Those who cared for them have been forever and tragically changed by a brutal act of violence.

"To have cases reach a conclusion so soon after the disorder has required close co-operation between the Crown Prosecution Service, the police and the courts. We have all worked tirelessly to gather and present the evidence that persuaded these defendants to plead guilty at the first opportunity.

“Everyone can have confidence that our work to deliver justice effectively and without delay will continue. Anyone arrested will be treated fairly and consistently, and if there is sufficient evidence to charge then we will do so and they will answer for their actions just as the defendants today have.”

Statement on cases following looting at Zee and Co, Bethnal Green

David Robinson, CPS London Deputy Chief Crown Prosecutor, said following the hearings today at Wood Green Crown Court:

“These five individuals were sentenced to significant prison terms today on charges relating to the looting of the Zee & Co shop in Bethnal Green at the height of the public disorder in London earlier this month.

"We provided the court with a picture of exactly what happened to this shop. Shutters had been forced up and the glass doors were smashed. Almost all of the stock in the shop was stolen throughout the evening and, despite being left secure, the shop was subsequently broken into on at least two further occasions.

“Approximately £100,000 damage was caused and the retail value of goods taken estimated at £646,524.00.

This unacceptable and opportunistic offending has today led to five people losing their liberty and the CPS will continue to vigorously prosecute individuals whose behaviour impacts on London’s communities in this way.”

Antony Gustave born 27/12/1977 – 21 months for burglary 09/08/2011. Pleaded guilty at Highbury Corner on August 10th.

John Peters born 24/08/1975 – 22 months for burglary 09/08/2011. Pleaded guilty at Highbury Corner on August 10th.

Elliott Deer-Joseph born 25/09/1989 – 9 months for handling stolen goods on 07/08/2011. Pleaded guilty at Highbury Corner on August 10th.

David Benjamin born 21/07/1984 – 12 months for handling stolen goods, 28 days for possession of cannabis on 11/08/2011. Pleaded guilty at City of Westminster on August 10th.

Colin Reid born 03/08/1968 – 12 months for handling stolen goods on 08/08/2011. Pleaded guilty at Thames on August 10th.

Statement on first Crown Court sentences following London disorder

Following the sentencing at Wood Green Crown Court today in relation to the London disorder, David Robinson, London Deputy Chief Crown Prosecutor, said:

“Today, two of those responsible for the public disturbances in the capital earlier this month became the first to be sentenced in the Crown Court for their actions. These swift and robust prosecutions should serve as a strong reminder that CPS London will not hesitate to prosecute this sort of criminal behaviour which affects the whole community.

“Across London, opportunists committed very serious acts: looting, robbing and causing significant criminal damage, mostly at night when communities feel at their most vulnerable. At the hearings today we were able to tell the court exactly how these crimes have affected those communities and give an indication of the losses suffered by businesses which were looted.

“CPS London is determined to play its part in ensuring the safety of our communities, and over the coming months we will prosecute many more people in relation to the public disturbances. We will do this as swiftly and effectively as possible and, as is our duty under the Code for Crown Prosecutors, ensure each individual case is dealt with fairly and consistently.

“Prosecutors have worked tirelessly alongside the police to charge those responsible and to bring them before the courts. Those involved in the disorder and crime earlier this month should be in no doubt that we will continue to bring them before the courts where they will answer for their actions.”

Richard Bezzina (born 09/05/1967) was sentenced to 20 months' imprisonment at the Crown Court in Wood Green on a count of Violent Disorder on the evening of 8th August 2011 at Clarence Road, Hackney. He pleaded guilty at Thames Magistrates’ Court on 13th August 2011.

Steven Freear (born 17/10/1990) was sentenced to six weeks' imprisonment at the Crown Court in Wood Green today on two counts of possessing an offensive weapon on the evening of Wednesday 10th August 2011 at Hartford Road, Enfield, near the junction of Carterhatch Road. The defendant pleaded guilty at Enfield Magistrates’ Court on Friday 12th August 2011.

19-year-old charged with murder of Kelvin Chibueze

We have this afternoon authorised the Metropolitan Police Service to charge Dale Williams, 19, with the murder of Kelvin Chibueze.

Mr Chibueze was fatally stabbed during a violent clash that occurred between two rival groups at a private party at The Arteflex Club in Ilford in the early hours of Monday 15 August 2011. The 19-year-old (12/11/1991) is also charged with violent disorder.

Gary Dolby, from CPS London Homicide Unit, said:

“The CPS has this afternoon authorised that Dale Williams should be charged with the murder of Kelvin Chibueze.

“At this stage, there is a reasonable suspicion that the 19-year-old was responsible for the unlawful killing of Mr Chibueze. It is clearly in the public interest that he be prosecuted for this offence.

“As with all prosecutions, we will keep the case against the defendant under review and consider any new evidence provided to us by the police during their ongoing investigation into this incident.”

Dale Williams will appear at Redbridge Magistrates’ Court tomorrow morning, Thursday 25 August 2011.

Death of Yvonne Fletcher

The Telegraph has reported that "an independent prosecutor informed the Met and the Crown Prosecution Service in April 2007 that they had sufficient evidence to charge two Libyans — Matouk Mohammed Matouk and Abdulgader Mohammed Baghdadi — with conspiracy to cause death" in relation to the death of Yvonne Fletcher.

The investigation into the death of Yvonne Fletcher is ongoing and there is still evidence to be gathered. So the CPS has yet to receive a file containing the admissible evidence from a completed investigation. It would only be at that point that we could give final advice on prosecution.

The police sought further advice in relation to their ongoing investigation from the CPS in 2007 and interim advice was provided. This advice was accompanied by a letter which said: “Whilst I have offered a view (in the interim advice) that a matter of this nature might be capable of proceeding, some of the evidence should be revisited to determine whether it is still available. In addition, there may be some additional avenues of investigation which might be appropriate to consider.”

CPS Diary - week of 22 August

Monday

• Preliminary hearing at Inner London Crown Court for Gordon Thompson, charged with arson at House of Reeves Furniture Store, Croydon, on 8 August 2011.
• First hearing at City of Westminster Magistrates' Court for Mohammed and Shasta Khan of Oldham, Greater Manchester, accused of engaging in conduct in preparation for acts of terroism.

Wednesday

• Committal hearing for German nationals Christian Edme and Robert Baum at City of Westminster Magistrates' Court, charged with possessing information likely to be useful to someone committing or preparing an act of terrorism.

Friday

• Plea and case management hearing at Lincoln Crown Court for Julie Dixon, accused of the murder of her partner, David Twigg, who ran a bespoke joinery business in Burgh le Marsh.

 

Assisted suicide prosecutions

A report in the Guardian this morning states: “The case of Debbie Purdy in 2009 established that friends and family could help someone who is terminally ill travel to Dignitas without fear of prosecution on their return.” The Times (paywall) has said the same.

Assisting or encouraging suicide remains a criminal offence for all individuals. Our policy, which was published following the Purdy case, provides a clear framework for prosecutors to decide which cases should proceed to court and which should not. It 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 role in cases stated in Magistrates Court

A report in the Daily Telegraph today concerns the case of Christopher Heathcote in Manchester Magistrates’ Court where the case was referred back to the magistrates for sentencing. This followed a prosecution appeal to the Administrative Court after the magistrates decided not to impose a driving ban after he admitted driving with excess alcohol.

A driving ban in these cases is automatic unless the court finds there are special reasons not to disqualify the defendant from driving. The Crown Prosecution Service followed its normal appeals procedure and referred the case to the Administrative Court in the name of the Director of Public Prosecutions - see our guidance on the website.

CPS statement on convictions of two men for inciting disorder using social media

Martin McRobb, Crown Advocate for CPS Mersey-Cheshire, said:

“Jordan Blackshaw, 21 and Perry Sutcliffe, 22, independently and from the safety of their homes may have thought that it would be acceptable to set up a Facebook page to incite others to take part in disorders in Cheshire.

"They were wrong and were both sentenced today to four years’ imprisonment at Chester Crown Court, after pleading guilty to intentionally encouraging another to assist the commission of an indictable offence under sections 44 and 46 of the Serious Crime Act 2007.

“They both used Facebook to organise and orchestrate serious disorder at a time when such incidents were taking place in other parts of the country. Both defendants, in Northwich and Warrington respectively, sought to gain widespread support in order to replicate similar criminality.

In investigating these cases, the Cheshire Constabulary acted very swiftly and effectively to close down these websites and to ensure that there was no actual participation in the planned events. Nevertheless, these posts caused significant panic and revulsion in local communities as rumours of anticipated violence spread.

“The Crown Prosecution Service worked very closely with the police and Cheshire Crown Court to bring forward preliminary hearing dates that had initially been listed on 19th September. We were able to serve upon the defence in both cases sufficient case material that led to early guilty pleas and we were able to present the facts in both cases in a fair but robust manner.

“While the judge heard the two defendants were previously of good character, they admitted committing very serious offences that carry a maximum sentence of 10 years. The consequence of their actions could have led to more disorder and this was taken into account.”

Additional information

Jordan Blackshaw born 22/08/1990  - On Tuesday 9 August created an event on Facebook called ‘SMASH DWN IN NORTHWICH TOWN.’ The event invitation clearly stated that it was created by Jordan BLACKSHAW and specified a time and date of Tuesday 9th August 1:00pm-4:00pm and gives the location for the event as ‘behind maccies’ (believed to be McDonald's food outlet in Northwich). The invitation also mentioned that it was intended for the receipt of the ‘MOB HILL MASSIVE NORTHWICH LOOTIN.’ Blackshaw then added the first comment ‘WE’LL NEED TO GET ON THIS KICKIN OFF ALL OVER.’

Perry Sutcliffe- Keenan born 23/04/1989 - On Tuesday 9 August 2011, a number of telephone calls were received by police from members of the public who stated that a site had been set up on the social networking site Face Book. The site had been named “WARRINGTON RIOTS”. The members of the public who had called the police were concerned in relation to this site as there had been a number of serious cases of public disorder in London and other cities in the UK. The site invited anyone who wished to be involved in a “riot” on the evening of Wednesday 10th August 2011 between 7pm and 10pm. There was also a photograph of civilians clashing with police officers.

Following these calls to the police, one witness stated that she recognised “Pezz KEENAN” as Perry Keenan Sutcliffe from a photograph which was also posted on the site and that Keenan had been the person who had originally created the site.

CPS statement following sentences in Manchester for looting

Following the sentencing at Manchester Crown Court today of five offenders in connection with the disturbances in Manchester and Salford, Nazir Afzal, Chief Crown Prosecutor of the Crown Prosecution Service's North West Area said:

 “All right minded people have been shocked and alarmed by what happened on our streets a week ago. The reports and pictures in the media of widespread violence, destruction and looting will remain with us for a long time. For many people living and working in the communities where it happened, the effects of the fear and the damage caused will be deep and long lasting.

“The spirit and resolve of Manchester and Salford people has been remarkable in the response that we have seen since last week. Delivering justice on behalf of communities is an important part of the process of rebuilding and repairing the damage and pain suffered by victims and the community. Prosecutors, working alongside police, have worked tirelessly to charge those responsible and to bring them before the courts, and at the hearings today we have been able to tell the court exactly how these crimes have affected the community as a whole.

“All the offenders sentenced at the crown court this afternoon were involved in the widespread criminality that happened that night. The sight of people looting and stealing, helping themselves to goods from shops simply because that’s what others were doing or because they thought they could get away with it was truly shocking.

“The message today is clear. Stealing, looting, handling stolen property are against the law and there are consequences for those who engage in this criminal behaviour. Today some of these people are starting custodial sentences and paying the price for their dishonesty and their part in the criminality that took place.

“Many others have been charged and their cases are proceeding through the courts and over the coming days, weeks and months if necessary, we will continue to bring before the courts those who were involved in the disorder and crime on that night.”