CPS News Brief

Five guilty for their involvement in importing “deadly weapons” into UK

Harry Shilling and Michael Defraine have been found guilty today at the Old Bailey for their involvement in importing and possessing firearms with intent to endanger life.

Both were involved in organised criminal activity along with David Payne, Richard Rye and Christopher Owen, who pleaded guilty at earlier hearings.

All five were involved in illegally importing 22 assault rifles and nine sub-machine guns. The weapons were brought into the UK on a boat called the Albernina which was moored in Kent.

The prosecution said the importation was planned and paid for by Harry Shilling. He used Michael Defraine to arrange the transportation of the weapons from the continent. Richard Rye was the go-between, arranging the importation through David Payne, the captain of the boat. The prosecution case was that Jennifer Arthy and John Smale helped him purchase the boat and to maintain it, and together with Christopher Owen helped unload its cargo.

Tom Guest, Specialist Organised Crime Prosecutor at the Crown Prosecution Service, said:

“These defendants imported deadly weapons, including 22 assault rifles which fire automatically and have a devastating capability. These guns were working weapons which came with a large amount of ammunition and were clearly intended for use. The evidence showed Harry Shilling intended to use the weapons for his own means, and to arm criminal associates.

“This was a sophisticated operation involving weapons with a lethal capacity. The CPS built a strong case, working with the NCA, Kent Police and international partners, not only around the organised crime gang’s plot to import the weapons – but also about the intentions for their deadly future use.

“The prosecution deployed key evidence of email messages to demonstrate the criminality in this case. The defendants said they were “…now officially gangsters”, they were “proper heavy and armed to the teeth“ and said people should “duck and run for cover”. Harry Shilling described his group as being an “armed cartel” following the importation.

“Each defendant played an important role in this operation and was well aware of the danger of these firearms, and the consequences of their use.”

Additional information

Charges:

Count One: Being knowingly concerned in the fraudulent evasion of a prohibition on the importation of goods, contrary to section 170(2)(b) of the Customs and Excise Management Act 1979.

Count Two: Conspiracy to possess firearms with intent by means thereof to endanger life or to enable another person or persons by means thereof to endanger life, contrary to section 1(1) of the Criminal Law Act 1977.

Harry Shilling – guilty of both counts

Michael Defraine – guilty of both counts

Jennifer Arthy – not guilty of both counts

John Smale – not guilty of both counts

David Payne - pleaded guilty to both counts

Richard Rye – pleaded guilty to both counts

Christopher Owen – pleaded guilty to Count One

DPP welcomes National Stalking Awareness Week

Alison Saunders, Director of Public Prosecutions, said:

“Stalking is a very serious offence. Offenders develop an unwanted fixation or obsession resulting in them continuously seeking to exert control over their victims using a wide variety of means. It can have a devastating effect on victims as it causes fear and distress. It infiltrates victims’ everyday lives in many ways, both physically and psychologically, such as causing them to be afraid of leaving their homes and accessing social media accounts.

“Tackling stalking is a CPS priority. We have provided training for our prosecutors and have appointed stalking leads in every CPS Area. We are also consulting on updated social media guidance which includes a dedicated section on prosecuting stalking and harassment online.

“We will continue working closely with stakeholders and organisations across the criminal justice system to tackle this crime.”

You can find out more about stalking in our legal guidance:

http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/

Ex-Bedfordshire PC sentenced for sexual offences

An Ex-Bedfordshire Police Constable, Mohammad Arshad, 35, was today sentenced at St Albans Crown Court to 15 years for 17 sexual offences against teenagers, including one offence of rape, several of sexual activity with a child, causing or inciting a child to engage in sexual activity and meeting a child following sexual grooming. The offences were in relation to 12 teenage girls.

Amanda Sawetz, Senior Crown Prosecutor for the Crown Prosecution Service said,

“Mohammad Arshad, formerly a Police Constable for Bedfordshire Police, groomed young and vulnerable girls, approached them through their friends and their social networks and systematically offered them money in exchange for sexual favours.

“The jury heard that his modus operandi was to make contact with the young girls on social media through Blackberry messenger, Facebook or Whatsapp. He gave the name of ‘Waz’, sometimes lying about his age, saying that he was 17 or 26 years old. He would sometimes use the fact that he was a police officer to gain the girls’ trust but would reveal quite quickly to each of them his sexual intentions. On one occasion he raped a 14 year old girl he had taken ­­for a drive.

“We would like to thank all the young girls who gave evidence in this case and supported the prosecution. They did nothing wrong and were preyed upon by Arshad who used their innocence and vulnerability to commit his criminal acts.”

Convicted mother sentenced for murder of her son

A woman has been sentenced to life imprisonment after pleading guilty to the murder of her baby son at their home in Camber, East Sussex, in August 2003.

Lesley Dunford pleaded guilty to killing seven month old Harley at a hearing in March 2016. She is already serving a seven year prison term after being convicted of the manslaughter of her eldest daughter, Lucy, who was two and a half years old when she died in February 2004.

Today (Friday 15 April), she was sentenced to life imprisonment and ordered to serve a minimum of 13 years.

Senior Crown Prosecutor in the CPS South East Complex Casework Unit, Libby Clark, said:

“Lesley Dunford has lied for many years about what happened to her son, before finally confessing the truth to prison staff in 2014. This was a terrible crime - her confession clearly stated that she deliberately suffocated her son whilst he was face down in his cot.

“Despite being convicted in 2012 of the manslaughter of her eldest daughter, Dunford still kept her silence over Harley’s death. She showed no remorse for over a decade by maintaining her claims that she had found him in his cot and that he was not breathing, when the truth was that she had murdered him.”

Former police officer sentenced for preying on domestic abuse victims for sexual gratification

Michael McMillan, a former Merseyside police officer has been sentenced to four years’ imprisonment for seven counts of misconduct in public office.

Mark Auty, Specialist Prosecutor in the Crown Prosecution Service, Special Crime Division, said:

“Michael McMillan abused his position as a police officer by targeting seven domestic abuse victims for his own sexual gratification over a period of three years.

“His role should have been to support victims of domestic abuse who had already shown great courage in coming forward. Instead, he exploited their vulnerabilities and betrayed their trust.

“McMillan inundated the victims with indecent messages and photographs and in some instances, encouraged the victims to meet him and engage in sexual activity.

“Evidence including texts, Whatsapp messages and social media messages showed that he bombarded the victims almost immediately after first meeting them. One victim received over 900 text messages in 13 months.

“This case represents an appalling abuse of power but today’s sentence proves that no-one is above the law.”

Mother and partner convicted following the death of 21-month-old girl‏

A mother has today been found guilty of child cruelty and the murder of her 21-month-old daughter Ayeeshia, known as A-J.  Her partner at the time has been found guilty of allowing the death of a child.

A jury at Birmingham Crown Court heard how on 1 May 2014, Kathryn Smith, aged 23, made a 999 call asking for emergency assistance for AJ who had stopped breathing.

Paramedics arrived at her property in Stretton, Burton-on-Trent to find the mother’s 22-year-old partner, Matthew Rigby, attempting resuscitation of AJ.

The toddler was rushed to hospital but the injuries she had sustained were too serious and her life could not be saved.

A post mortem examination revealed that AJ had numerous bruises to her body and severe injuries to her heart which caused her death.

The defendants were subsequently arrested and when questioned by the police they were unable to account for what had happened to the little girl and how she had sustained fatal injuries.

Smith has today been found guilty of murder and child cruelty, and Rigby was found guilty of allowing the death of a child.

Wendy Bounds, Prosecutor from the West Midlands Crown Prosecution Service’s Complex Casework Unit, said:

“We all recognise the responsibility and duty that rests with parents and those having the care of children to love, protect and nurture them.  No child should suffer at the hands of those who should be caring for her; no child should be the victim of broken bones or serious injury caused by violent assault by those caring for her. That is precisely what happened to AJ in the 8 months or so leading up to her death. 

“Today, a measure of justice has been obtained for AJ, but sadly this cannot bring her back and our thoughts go out to her family at this time.”

Ten men sentenced for child sexual exploitation in Rochdale

Ten men have been sentenced for multiple offences relating to the sexual exploitation of eight victims in the Rochdale area following two trials at Minshull Street Crown Court in Manchester. Nine of the offenders were sentenced today and one man was sentenced last year after pleading guilty at the start of the first trial.  They were sentenced to 127 years in total.

All of the offenders committed offences against one girl who was aged between 14 and 18 when most of the abuse happened.  Three of the men also committed offences against other victims. 

Following the sentencing Alison Cartmell, Senior Crown Prosecutor from CPS North West Complex Casework Unit said:

“Firstly I want to pay tribute to the victims who gave evidence against their abusers in the two trials.  Their courage and fortitude enabled police and prosecutors to build strong cases against these men and to bring them to justice. 

“The offenders targeted their victims because of their age and the vulnerable situations they were in at the time.  They pretended to be their friends and, in some cases, their boyfriends, but in fact they set out to groom them and exploit them for their own ends.  Some of the men plied their victims with large amounts of alcohol or drugs as a way of controlling or even incapacitating them.  Some used violence and threats to intimidate and coerce them into having sex. 

“The CPS has worked closely with Greater Manchester Police and prosecuting counsel throughout this complex and lengthy investigation to help support the victims and to ensure the strongest possible case was put before the juries. 

“These cases are dealt with by dedicated and specially trained police officers and prosecutors and we will continue to work together to bring further charges and prosecute other offenders wherever there is evidence to do so.  

“I hope that today’s outcome will act as a warning to those who abuse and exploit children in this way that tackling these crimes remains a priority for police and prosecutors and I hope it provides other victims of sexual abuse with the confidence to contact the police and to seek support.”

 

Sentence details: 

Afraz Ahmed was sentenced to 25 years in prison.

Choudhry Ikhalaq Hussain was convicted in his absence and is currently wanted by police. He was sentenced in his absence to 19 years in prison.

Rehan Ali was sentenced to 7 years in prison.

Kutab Miah was sentenced to 9 years in prison.

Mohammed Dauood was sentenced to 16 years in prison.

Abid Khan was sentenced to 6 years 6 months in prison.

Mohammed Zahid was sentenced to 5 years in prison.

David Law was sentenced to 11 years in prison.

A man who cannot be named for legal reasons was sentenced to 23 years in prison plus 8 years on extended license.

Mahfuz Rahman pleaded guilty to three counts of Sexual Activity with a Child and was sentenced to 5 years and 6 months in prison at the beginning of the first trial.

 

Man sentenced in first case of husband holding his wife in servitude

Safraz Ahmed, 34, was sentenced today at Woolwich Crown Court to two years imprisonment for holding a person in servitude contrary to Section 71 of the Coroners and Justice Act 2009 and assault occasioning actual bodily harm. A restraining order was also imposed. This relates to holding his wife in servitude from 17 December 2012 to 18 August 2014. It is believed to be the first case in England and Wales where a husband has been convicted of this charge relating to his wife.

Damaris Lakin, CPS London reviewing lawyer, said:

“This is a ground-breaking case which demonstrates how far we have come in tackling modern-day slavery. We believe this is the first conviction in England and Wales of a husband for holding his wife in servitude.

“After moving to the UK in 2012 to live with her husband it did not take long before the victim’s dream of a loving family life was shattered as she realised that she had been brought to the UK only to be a servant.

“She was treated with complete contempt by the defendant who responded to her requests for affection with physical assaults and verbal abuse. She was isolated from the world, allowed only very restricted contact with her family and was not allowed to leave the house unaccompanied.

“I would like to thank the victim in this case for her bravery in reporting the abuse and supporting the prosecution.

“The CPS is committed to working with the police and other partner agencies to bring the perpetrators of  modern day slavery to justice and support victims to help them through the prosecution process and beyond in the hope that they can rebuild their lives.”

Background

Ahmed and the victim were involved in an arranged marriage which they both agreed to and welcomed. They were married in Pakistan in 2006 where the victim remained to complete her studies before joining her husband in the UK in 2012. Upon arrival in England the victim soon realised that she would not be part of the loving family she had expected, instead she was kept in servitude. Her freedom was completely taken away and she was subjected to physical and psychological abuse.

As tradition dictates the victim came to the country with wedding jewellery, this was taken from her and not returned despite repeated requests. This was a way of exploiting and controlling her, by depriving her of her personal belongings she became completely financially dependent on her husband. She was responsible for keeping the house clean and doing all the chores that her husband demanded. She was not allowed out unaccompanied and when she was alone at home she was rung every ten minutes to make sure the phone was not engaged. She describes the defendant’s behaviour towards her as “physical and mental torture”.

 

ENDS

Two men convicted of planning to travel to Syria to fight

Junead Khan, aged 25, and Shazib Khan, aged 23, were today, 1 April, found guilty at Kingston Crown Court of planning to travel to Syria to join Daesh and fight.  Junead Khan was also found guilty of preparing an act or acts of terrorism within the UK.

The jury heard that between August 2014 and July 2015 the two men from Luton, who are nephew and uncle, made plans with the intention to travel abroad to fight.  However, towards the end of the time period, Junead Khan changed his mind and was involved in discussions with another relating to planning acts of terrorism in this country. 

The two defendants shot a video as they drove around London, called ‘ISIS drives around Westminster’ which focused on locations such as Downing Street, the Houses of Parliament, and the Cenotaph. When their address was searched a leaflet ‘Terrorists or terrorised’, a book called ‘Guide to the Islamic State’ and flags representing ISIL were found.

Junead Khan searched online how to make an improvised explosive device and roadside bombs and had digital copies of bomb making instructions in the form of extracts from an Al Qaida magazine. He made internet searches for ‘specialist knives’ and in July 2015 was in email contact with a supplier of a combat knife.

Sue Hemming, Head of Counter Terrorism Division, said: “Junead Khan was planning an attack in the UK and both of these men intended to travel to Syria and support terrorism.  Even though they did not leave the country, they had spent a significant amount of time planning their journey. 

“Through early detection and prosecution of these individuals more serious crimes have been avoided which could have had devastating consequences in the UK or Syria.”

Final defendants sentenced in Hatton Garden case

The final defendants have been sentenced today at Woolwich Crown Court in the Hatton Garden burglary case. Nine defendants have been sentenced to a total of more than 40 years imprisonment for their roles in the crime, which is described at the biggest burglary in English legal history.

The final sentences have been handed down less than a year after the crime was committed. However, this does not mark the end of the case as the CPS has initiated confiscation proceedings against all the defendants.

Chief Crown Prosecutor for London, Baljit Ubhey OBE, praised the work of the prosecution team. She said:

“The swift and successful outcomes of this case are a testament to the hard work and dedication of the prosecution team and I would like to thank them for all their efforts.

“We worked closely with the police to build a strong case which led to the four main ringleaders pleading guilty due to the overwhelming evidence against them.

“This crime involved a great deal of planning and organisation with the ultimate goal of depriving the customers of Hatton Garden of their property and no doubt living handsomely on the proceeds.

“It must not be forgotten that this burglary caused significant financial loss for many of the victims and for some had a devastating impact on their lives.”

 

Defendants, charges and sentences:

Pleaded guilty to one count of conspiracy to commit burglary:

John Kenneth Collins, 75

Seven years imprisonment

Daniel Jones, 60

Seven years imprisonment

Terrence Perkins, 67

Seven years imprisonment

Brian Reader, 76

Six years and three months imprisonment

Found guilty after trial

Carl Wood, 58

Conspiracy to commit burglary - Six years imprisonment

Conspiracy to conceal, convert or transfer criminal property - Six years imprisonment (concurrent)

William Lincoln, 50

Conspiracy to commit burglary - Seven years imprisonment

Conspiracy to conceal, convert or transfer criminal property - Seven years imprisonment (concurrent)

Hugh Doyle, 48

Concealing, converting or transferring criminal property - 21 months imprisonment suspended for two years

Pleaded guilty to one count of concealing, converting or transferring criminal property:

Terri Robinson, 36

18 months imprisonment suspended for two years, 200 hours unpaid work

Bren Walters, 44

18 months imprisonment suspended for two years, 200 hours unpaid work, 60 days activity requirement, three months curfew

 

Teenager convicted of the manslaughter of PC Dave Phillips

A teenager who killed a Merseyside police officer as he was escaping from the police following a burglary in a stolen car has been found guilty of manslaughter.

Senior Crown Prosecutor with Mersey-Cheshire Crown Prosecution Service, Helen Graves, said:

“Williams drove a stolen vehicle at dangerously high speeds through residential areas and then collided with a police officer who was simply doing his duty.

“His actions on that night have devastated the family of PC Phillips and robbed the police force of an upstanding and valuable member of the team.

“Williams has been found guilty of an extremely serious offence and he is now facing the prospect of jail.

“This has been a complex and difficult case and the Crown Prosecution Service would like to thank Merseyside Police for their help in bringing this case to court.

“The family of PC Phillips have behaved with tremendous dignity and courage throughout this trial, despite having to face the details of the last moments of their beloved husband, father, son and brother. Our thoughts remain with them at this very difficult time.”

Additional information:

Manchester Crown Court heard that Clayton Williams killed PC Dave Phillips after he drove into him with a Mitsubishi pick-up truck in Wallasey on 5 October 2015.

Williams, 19, of Wheatland Lane, Wallasey, had earlier broken into Oxton Estates estate agents with another man Philip Stuart, 30, of Mayfair Court Prenton.

They stole, amongst other things, the keys to the 4 x 4 vehicle which Williams then drove at high speeds for several miles across the Wirral with Stuart as a front seat passenger.

The court heard that Williams careered through red lights, drove on the wrong side of the road and down the wrong way of a one-way street. He was being pursued by two police cars as he approached Wallasey Dock Road where PC Dave Phillips, 34, placed a “stop stick” in the road.

If the defendant had driven over the device, the stop stick would have punctured the tyres and slowed the vehicle down. But, instead of driving over it, the defendant turned the truck and drove off the carriageway in the direction of PC Phillips.

The officer was struck by the front of the vehicle and was pronounced dead a short time later. Williams then drove away and began contacting others who then helped him to cover up his involvement in the tragedy.

Williams pleaded guilty to burglary, stealing the truck and driving it dangerously and admitted that he had been driving the truck when it collided with PC Phillips, causing his death.

The prosecution had argued that Williams was guilty of murder but the jury rejected that and found him guilty of manslaughter, by a majority of 10 to 2.

Phillip Stuart, 30, of Mayfair Court, Oxton, who was a passenger in the vehicle at the time of the incident has also appeared before the court for sentence.

Stuart had pleaded guilty at an earlier hearing to burglary and aggravated taking of a vehicle and was given a six year jail term - three and a half years for aggravated vehicle taking and two and a half years for the burglary. He has also been disqualified from driving for three years.

Three other people were also sentenced in connection with the case. They had pleaded guilty at an earlier hearing to conspiracy to assist an offender. They admitted burning and attempting to dispose of Clayton Williams’ clothing at a house in Wheatland Lane in Wallasey in the hours after the incident.

Georgia Clarke, 19, of Knowsley Road, Wallasey, was sentenced to 12 months detention, Michael Smith, 19, of Widmore Road, Gateacre was sentenced to two years detention and Dawn Cooper, 34, of Wheatland Lane, Wallasey to two years imprisonment.

Carer sentenced for rape and sexual offences on children

Michael Ponzo, 20, from Swindon was today sentenced at Swindon Crown Court to two offences of rape, 13 sexual assaults on a child under the age of 13, and 24 offences relating to indecent images of children.

Most of the offences were against five children all aged under 13 and took place between 2011 and 2015. He was sentenced to a total of 10 years imprisonment with an extended licence of 5 years.

Mary-Ruth Johnson, Senior Crown Prosecutor for the Crown Prosecution Service (CPS) Wessex Rape and Serious Sexual Offences (RASSO) Unit said:

“Michael Ponzo has committed every parent’s worst nightmare. He raped a child, sexually assaulted children and took images of his abuse. He abused the trust parents had placed in him to look after their children. The parents of three of the children had contacted him via a childcare website as they were looking for either a carer or baby-sitter.

“All the child victims in this case were vulnerable as they were very young when the offences took place.

“The impact of Michael Ponzo’s crimes has been devastating and now the children, and their families, have to recover from this terrible episode.

“CPS Wessex RASSO Unit will continue to work relentlessly with the police to bring such offenders to court. Our thoughts are with the victims and the parents in this case. We hope that they will find closure and that they will be able to move on with their lives.”

John Martin convicted of the murder of Natalia Strelchenko

John Martin was today convicted at Manchester Crown Court of the murder of his wife Natalia Strelchenko, a renowned concert pianist.

John Martin killed his wife at their home in Newton Heath, Manchester in August 2015.

Earlier that day John Martin had argued with Natalia. He lost his temper, left the house and was drinking in the garden shed, returning after midnight when he attacked Natalia by throwing her and himself down the stairs, and then strangling and beating her. A friend of Natalia’s from Poland, who was staying at the house, witnessed the attack and fled the house to get help.

David Harley, Senior Crown Prosecutor from CPS North West said:

“John Martin killed his wife Natalia Strelchenko in a vicious rage in their own home. He was motivated by anger and, fuelled by alcohol, he lost his temper and violently attacked her, even admitting to her friend who tried to stop him that he wanted to kill her. It was the prosecution case that he intended to kill her or cause her very serious harm and therefore was guilty of murder.

“John Martin told the court during the trial that he couldn’t remember the events of that night, but the jury have found him guilty of murder. This was an appalling crime and our thoughts are with the family and friends of Natalia Strelchenko at this time. They have shown tremendous courage throughout the trial.”

Mark Davis jailed for 14 years for abuse of boys in South Wales

A man who raped and sexually assaulted boys he met through theatre and stage groups in the 1980s and 1990s has been sentenced to 14 years at Cardiff Crown Court. Mark Davis, who at the time performed magic and comedy routines in South Wales under the name Mark Major, befriended the boys and their families before subjecting them to serious sexual assaults.

Speaking after the sentencing Leanne Jonathan, District Crown Prosecutor for the Crown Prosecution Service Wales Rape and Serious Sexual Offences Unit, said:

“Over a period of weeks and months, Davis deliberately set out to gain the trust of these young, vulnerable and impressionable boys and their families. This was a slow, systematic and callous grooming process which enabled Davis to create opportunities to carry out repeated assaults on his victims.

“Davis abused the trust placed in him by his victims and their families and his actions have left a lasting impression on all of them.

“I would like to pay tribute to the victims in this case, who have shown immense courage in coming forward to report what happened to them, despite the passage of time. It is their fortitude and bravery that has led to Davis being sentenced today. I hope that their actions may give strength to others who may be carrying similar burdens but be unsure of whether to go to the police.”

Dating site rapist convicted

A man accused of raping women who he met on a dating site has been convicted of five counts of rape, one count of attempted rape and another count of sexual assault.

Jason Lawrance targeted his victims on Match.com, encouraged them to talk to him offline and agreed to meet them.

He raped his first victim in 2011. Having met her a few times, he tricked her into getting into a van with him, drove to a dark country lane and raped her in the van. He went on to sexually assault a woman in her car and raped or attempted to rape others in hotel rooms or in their own homes. In each case, these women were prepared to meet him, but did not want sex with him at the time.

Lawrance’s pattern of behaviour was eventually halted when one of his victims reported to the police that he had raped her. The subsequent police investigation, in particular into his activity on Match.com, revealed evidence of offences against seven victims. He was tried and convicted at Derby Crown Court, despite maintaining his claim that everything had been consensual.

Sue Matthews, Senior Crown Prosecutor at the CPS East Midlands rape and serious sexual offences team said:

“Jason Lawrance is a dangerous sexual predator. He has gone from victim to victim, targeting them through online dating sites.

“Nobody should feel that meeting people through a dating site means that they are consenting to any sexual activity. If a person does not consent to sexual activity and the perpetrator does not reasonably believe they are consenting, that is an offence, regardless of how the victim meets the perpetrator, or how well they know each other.

“The victims in this case have shown real courage in telling the court about their ordeal. It is their evidence that has made Lawrance face the consequences of his actions. I would like to thank them all for coming forward and giving evidence.”

Jason Lawrance will be sentenced on 3 March 2016.