CPS News Brief

Independent inquiry into the handling of allegations made against Lord Greville Janner

On Friday 15 January, Mr Justice Openshaw brought to an end criminal proceedings against Lord Greville Janner for child sexual offences, after the Central Criminal Court received formal evidence of his death.

The conclusion of criminal proceedings means that the findings of an independent inquiry into the handling of past allegations of sexual abuse by Lord Janner can now be published.

The Director of Public Prosecutions (DPP) commissioned the inquiry last year, when she stated that decisions not to prosecute following previous investigations into Lord Janner were wrong. Retired High Court Judge Sir Richard Henriques was asked to conduct a thorough and independent review into the CPS decision making and handling of all past allegations relating to the Lord Janner case and to make any recommendations he felt appropriate.

 

The independent inquiry found:

• The decision not to charge Lord Janner in 1991 was wrong and there was enough evidence against him to provide a realistic prospect of conviction for offences of indecent assault and buggery. In addition, the police investigation was inadequate and no charging decision should have been taken by the CPS until the police had undertaken further enquiries.

• In 2002, allegations against Lord Janner were not supplied by the police to the CPS and accordingly no prosecution was possible. This merits investigation by the IPCC.

• There was sufficient evidence to prosecute Lord Janner in 2007 for indecent assault and buggery. He should have been arrested and interviewed and his home searched.

 

Director of Public Prosecutions Alison Saunders said:

“The inquiry’s findings that mistakes were made confirms my view that failings in the past by prosecutors and police meant that proceedings were not brought. It is a matter of sincere regret that on three occasions, opportunities to put the allegations against Lord Janner before a jury were not taken.

“It is important that we understand the steps which led to these decisions not to prosecute, and ensure that no such mistakes can be made again.

“I have carefully considered the observations and conclusions made by Sir Richard Henriques. The inquiry acknowledged that the CPS has moved on hugely since these investigations and that current guidance and procedures would result in decisions that there was sufficient evidence to prosecute in all three cases considered in the report. However we are also acting on his recommendations to make further changes and improvements in the handling of such sensitive cases.”

 

Significant changes have already been undertaken within the CPS which address many of the issues highlighted. In his report, Sir Richard Henriques says, “I have no doubt that with current guidance and procedures, a case management panel would conclude that there was a sufficiency of evidence in all three cases considered in this report.”

However, he makes the following three specific recommendations for the further action by the CPS:

• to consider whether time limits in charging decisions are appropriate;

• to establish a protocol when referring cases from CPS area teams to Central Casework Divisions (CCDs), to ensure no decision is taken to end a case without referring back to CCDs; and

• to establish a central log of cases referred and declined irrespective of whether a prosecution is to be commenced or not, with borderline cases included on the sensitive case list.

 

The CPS will implement these recommendations, and other issues identified by Sir Richard Henriques in his report. Measures are being introduced to ensure rape and serious sexual assault cases are dealt with swiftly. A full response to the findings is available below.

CPS legal guidance on child sexual abuse was introduced in 2013, which recognises that prosecutors must focus on the credibility of the allegation, rather than focusing solely on the actions of the victim, and factors such as late reporting, inconsistent accounts and a victim ‘voluntarily’ returning to the alleged abuser should not then undermine the credibility of the victim’s account. Rape and serious sexual offences are now dealt with by prosecutors specially trained in handling these cases, and a more rigorous Case Management Panel process means that prosecutors regularly meet to review such cases and decisions.

All case files and papers have now been handed to the Goddard Inquiry.

 

Notes for editors

January 2013:Operation Enamel initiated by Leicestershire Police

March 2015: Final case papers passed to the DPP for a charging decision in Operation Enamel

April 2015: The DPP announced the charging decision of No Further Action due to Lord Janner’s advanced stage of dementia which would mean he would be found unfit to stand trial

May 2015: A number of victims asked for this decision to be reviewed as part of the Victims’ Right of Review scheme June 2015: The DPP announced that criminal proceedings would begin against Lord Janner

December 2015: Mr Justice Openshaw determined that Lord Janner was unfit to stand trial and a trial of the facts would take place

January 2016: Mr Justice Openshaw determined that due to the death of Lord Janner, proceedings would be stayed

 

Terms of reference of the inquiry:

1. The Independent Inquiry will examine the three cases listed below and make findings in respect of the following matters:a) Whether the approach and decision making of the CPS and counsel instructed was correct in relation to advising the police including but not limited to case building, the making of further enquiries and advice on charge and sufficiency of evidence. b) Whether the CPS followed all relevant guidance and policy c) Whether the CPS arrangements in place for handling the case were adequate and properly followed d) Any other matters that the Inquiry considers would be relevant in preventing recurrence.
2. The Independent Inquiry will also make such recommendations it feels appropriate in light of the examination and findings set out above, including, if appropriate, recommendations about CPS policy and/or guidance and CPS arrangements for handling allegations involving high profile or political figures.
3. The Independent Inquiry has been established by, and will report its findings and recommendations to, the Director of Public Prosecutions.

 

The three cases

1. Allegations by an individual who featured in the trial of Frank Beck in 1991. The CPS considered the evidence and advised police that there was insufficient evidence to prosecute. The police took no further action.
2. Operation Magnolia in 2002. Allegations were referred to the CPS but apparently not the allegations relating to Lord Janner. Police decided that no further action should be taken against Lord Janner, and the CPS decided that no further action should be taken against any other individual.
3. Operation Dauntless in 2006. Allegations of offending by three individuals including Lord Janner. The CPS decided there was insufficient evidence to prosecute in 2007. Note: The CPS's function is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors.

 

Download Henriques Report

Download Response to Henriques Report

Statement regarding Lord Janner

A CPS spokesperson said:

“The Central Criminal Court today received formal evidence of the death of Lord Greville Janner. As a result Mr Justice Openshaw brought proceedings to an end. This concludes the criminal proceedings against Lord Janner.

“In April 2015, the Director of Public Prosecutions commissioned an independent inquiry into the handling of past allegations of sexual abuse by Greville Janner. Now that criminal proceedings have concluded, we will publish the findings of Sir Richard Henriques’ inquiry at the earliest opportunity.”

 

Hatton Garden defendants convicted of the biggest burglary in English legal history

Three men were convicted today for offences relating to the burglary of a vault at Hatton Garden, in the heart of London’s jewellery district. Four other men had previously pleaded guilty to conspiracy to burgle. The burglary took place over the Easter weekend, 2nd to 5th April 2015, and an estimated £14 million worth of jewellery, gold and cash was stolen.

Ed Hall, CPS London reviewing lawyer, said:

“Following a successful prosecution the Crown Prosecution Service, together with the MPS, have convicted the men who carried out the biggest burglary in English legal history.

“The four main ringleaders, a close-knit group of experienced criminals, some of whom had been involved in other high-value crimes, pleaded guilty after realising the strength of the case against them. As a result of this trial, three other men who played significant roles in the moving and concealing of the stolen gold and jewels have also been convicted.

“This was a challenging case for the CPS given the huge amount of evidence generated from a crime that was years in the planning. It was our job to present to the jury a clear picture of the planning, commission and aftermath of the burglary and how the defendants each played their roles. Today’s convictions are a testament to the dedication and hard work of the prosecution team in doing this so well.”

ENDS

 

Background

Defendants and convictions

Pleaded guilty on 4th September to one count of conspiracy to burgle:

John Kenneth Collins (75 years old)

Daniel Jones (60 years old)

Terrence Perkins (67 years old)

Brian Reader (76 years old)

 

Convicted after trial 

Carl Wood (58 years old) Conspiracy to commit burglary and conspiracy to conceal, convert or transfer criminal property

William Lincoln (50 years old) Conspiracy to commit burglary and conspiracy to conceal, convert or transfer criminal property

Hugh Doyle (48 years old) Concealing, converting or transferring criminal property

John Harbinson (42 years old) was acquitted of conspiracy to commit burglary and conspiracy to conceal, convert or transfer criminal property

Former chaplain and headmaster convicted for 35 non-recent sex offences

James Carragher (75) and Anthony McCallen (69) have today been sentenced at Leeds Crown Court for 35 sex offences against 11 young boys between 1970 and 1991 who were in the care of a residential home for troubled boys near Market Weighton in the East Riding of Yorkshire.

James Carragher has been sentenced to nine years in prison and Anthony McCallen has been sentenced to 15 years in prison.

Caroline May, reviewing lawyer, CPS Yorkshire and Humberside said:

“This case involves the systematic abuse and rape of children as young as 12. These young boys were troubled and vulnerable, and had been removed from their families and sent to St Williams Boys Home in the East Riding.

“Both defendants were senior members of staff in positions of considerable power and authority. Carragher was the headmaster and McCallen – an ordained priest – was the school chaplain.

“Far from being dedicated to the education and protection of the young, these men were bullies and paedophiles; cynical sexual predators who deliberately sought out contact with vulnerable children to abuse and in some cases rape them.

“I would like to pay tribute to the numerous victims in this case for coming forward, helping us to build a strong prosecution case and giving evidence against their abusers in court. This has ensured that these two individuals will be serving considerable prison sentences and I hope this brings their many victims some comfort.”

Additional information

JAMES CARRAGHER has been sentenced for 21 offences of Indecent Assault and three of Buggery. He received nine years for the three offences of buggery together with five years for each Indecent Assault, all to run concurrent - a total of nine years custody.

ANTHONY McCALLEN has been sentenced for 10 Indecent Assaults and 1 Buggery. He received ten years for the Buggery and five years for each Indecent Assault – the Indecent Assaults to run concurrent with each other but to run consecutive to the ten years - a total of 15 years custody.

Sexual Harm Prevention Orders were made in respect of both defendants, to continue until further Order.

The Judge directed the jury to find a third defendant not guilty on two counts which related to the allegations made by one complainant who made two allegations against him. The Judge also directed a not guilty verdict in respect of a further two allegations made by the same complainant against Carragher.

Both defendants have previous convictions for sexual offences against young boys.

Husband and wife found guilty of planning a major terrorist attack in London

Mohammed Rehman, 25, and Sana Ahmed Khan, 24, both from Reading have been found guilty of plotting to carry out a major terrorist attack at a Westfield shopping centre in London or within the London underground. 

Police began monitoring Rehman after he sent out a tweet in May under the name ‘Silent Bomber’.  The tweet asked followers to advise him on where he should carry out a terrorist attack.

“Westfield shopping centre or London underground? Any advice would be appreciated greatly” 

Both Rehman and Khan had repeatedly accessed the martyrdom video of the 7/7 bomber Shehzad Tanweer for inspiration.

Both were convicted today, 29 December, at the Central Criminal Court of engaging in the preparation of terrorist acts contrary to Section 5(1) of the Terrorism Act 2006. Rehman was convicted of a further offence of possession of an article for terrorist purposes contrary to Section 57 of the Terrorism Act 2000. 

Rehman had learned how to make bombs and carried out ‘test’ explosions in his garden. He filmed  a test explosion and then sent the video to his wife. 

Whilst Rehman was responsible for creating the bomb, Ahmed Khan, who was a supporter of violent and extreme Islamic ideology, played an important role by funding and purchasing chemicals for him. From January 2014 she paid into his account over £14,000. which included borrowings from ‘pay day’ loan companies. Following the test explosion Khan continued to assist Rehman in the purchase of chemical explosives. 

Under the name ‘Silent Bomber’ Rehman continued to send out disturbing tweets about his plans including links to videos of other explosions, one clearly set out his intentions.

“Plus I don’t need an army, all I need is my explosive vest and a beautiful area full of crowded twats like you LOL”

Susan Hemming, Head of Counter Terrorism Division, said:

“The intention to carry out some form of terrorism attack was clear from the threatening statements made in Rehman’s tweets.  It was these tweets that led to his and his wife’s arrest. 

“Investigations found that Rehman and Ahmed Khan had carried out huge amounts of research relating to terrorist attacks – repeatedly searching the Internet for videos relating to the London bombings.  10kg of Urea Nitrate were found at Rehman’s house, a highly explosive chemical, which if detonated would have caused multiple fatalities on the London Underground. 

“The pair had been very close to carrying out an attack, all they required was to purchase the chemicals to make a detonator. There is little doubt that, had Rehman and Ahmed Khan not been stopped when they were, they would have attempted to carry out an act of terrorism in London.” 

Charges:

Count 1:

Engaging in conduct in preparation of terrorist acts contrary to section 5(1) of the Terrorism Act 2006. 

Count 2:

Possession of an article for terrorist purposes contrary to section 57 of the Terrorism Act 2000

DPP: Controlling and coercive behaviour can “limit victims’ basic human rights” as new domestic abuse law introduced

Domestic abusers who subject victims to controlling or coercive behaviour could face up to five years in jail under a new law which comes into force today (29 December 2015).

The new legislation will mean the CPS can for the first time prosecute specific offences of domestic abuse if there is evidence of repeated, or continuous, controlling or coercive behaviour.

This type of abuse in an intimate or family relationship can include a pattern of threats, humiliation and intimidation, or behaviour such as stopping a partner socialising, controlling their social media accounts, surveillance through apps and dictating what they wear. Controlling or coercive behaviour causes someone either:

•  to fear that violence will be used against them on at least two occasions; or
•  serious alarm or distress which has a substantial effect on their usual day-to-day activities.

Director of Public Prosecutions, Alison Saunders, said:

“Controlling or coercive behaviour can limit victims’ basic human rights, such as their freedom of movement and their independence. This behaviour can be incredibly harmful in an abusive relationship where one person holds more power than the other, even if on the face of it this behaviour might seem playful, innocuous or loving.

“Victims can be frightened of the repercussions of not abiding by someone else’s rules. Often they fear that violence will be used against them, or suffer from extreme psychological and emotional abuse. Being subjected to repeated humiliation, intimidation or subordination can be as harmful as physical abuse, with many victims stating that trauma from psychological abuse had a more lasting impact than physical abuse.

“These new powers mean this behaviour, which is particularly relevant to cases of domestic abuse, can now be prosecuted in its own right. Police and prosecutors are being trained to recognise patterns of abusive behaviour which can be regarded as criminal abuse. We will do everything in our power to tackle this abhorrent crime.”

Coercive behaviour is an act, or a pattern of acts, which are used to harm or frighten a victim. This can include humiliation, threats and intimidation. Controlling behaviour is a range of acts designed to make a person subordinate or dependent on them. Cases can be heard in either magistrates’ courts or crown courts and the maximum sentence is five years imprisonment.

When reviewing these cases, prosecutors will be trained to look at the overall effect this controlling and/or coercive behaviour had on the victim. The consideration of the cumulative impact of controlling or coercive behaviour and the pattern of behaviour within the context of the relationship is crucial.

This behaviour can include:

• Stopping or changing the way someone socialises
• Limiting access to family, friends and finances
• Monitoring a person via online communication tools e.g. tracking apps on mobile phones
• Repeatedly putting them down such as telling them they are worthless
• Humiliating and embarrassing the victim

As well as the CPS legal guidance, prosecutors will receive specialist training on the new legislation. This will form part of the CPS’ extensive work on wider domestic abuse, including a charging advice checklist for police and prosecutors and an evidence-gathering checklist for officers on the ground - both jointly published by the police and the CPS.

Louisa Rolfe, National Police Lead on Domestic Abuse, said:

“Every police force is working hard to increase the confidence of victims to report domestic abuse and we have seen a substantial increase in reporting nationally with greater understanding of all forms of abuse, not just physical violence. The new domestic abuse offence of Controlling and Coercive Behaviour within the Serious Crime Act is another tool to help the police service and CPS prosecute perpetrators of domestic abuse and protect victims. It will provide more opportunities to evidence other forms of domestic abuse, beyond physical violence. Not only will this encourage more victims to report we hope, but also the concerned family and friends of victims.”

The College of Policing's head of crime and criminal justice, David Tucker, said:

"The new offence of coercive control presents challenges - it demands much fuller understanding of events that led up to a call for assistance and this can make evidence gathering more complex. However, more importantly, it delivers greater opportunities to safeguard victims and achieve successful prosecutions.

"We have produced specialised training to educate officers and staff involved in any aspect of domestic abuse investigation about the dynamics of coercive control.

"This is a real opportunity for the police service and CPS to work together to make victims and potential victims of serious assaults safer."

Polly Neate, Chief Executive of Women's Aid, said:

"Coercive control is at the heart of domestic abuse. Perpetrators will usually start abusing their victim by limiting her personal freedoms, monitoring her every move, and stripping away her control of her life; physical violence often comes later. Women's Aid and other organisations campaigned to have this recognised in law, and we are thrilled that this has now happened. It is a landmark moment in the UK's approach to domestic abuse, and must be accompanied by comprehensive professional training and awareness raising among the public."

Notes to editors

The Government definition of these types of behaviour are:

• Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim
• Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour

Evidence in these cases can include:

• Copies of emails
• GPS tracking devices installed on mobile phones (etc.)
• Bank records
• Witness statements from family and friends
• Evidence of isolation

A person guilty under section 76 of the Serious Crime Act 2015 – Controlling or Coercive Behaviour in an Intimate or Family Relationship – is liable:

• On conviction on indictment, to imprisonment for a term not exceeding five years or a fine, or both;
• On summary conviction, to imprisonment for a term not exceeding six months, or a fine, or both. You can find our more information at the CPS legal guidance on controlling or coercive behaviour in an intimate or family relationship: http://www.cps.gov.uk/legal/a_to_c/controlling_or_coercive_behaviour/

Crane Hire Company is sentenced for Corporate Manslaughter

Baldwins Crane Hire Ltd. has today, 22 December, been sentenced to a fine of £700, 000 at Preston Crown Court after being found guilty of corporate manslaughter and health and safety offences. It was also ordered to pay all CPS costs and half of the Health & Safety Executive’s costs. The conviction followed the death of one of their employees, Lindsay Easton, in 2011.

Mr Easton was employed by the company as a crane operator.  At the time of his death he was driving a 16 wheel, 130 tonne crane down an access road to Scout Moor quarry and wind farm Edenfield, Lancashire.  The crane had been brought to the site to replace another crane which had broken down. As he drove the crane down the access road it crashed after failing to negotiate a steep bend. Mr Easton was killed in the collision.

Following an investigation the crash was found to have been caused by serious problems with the braking system of the crane, which had not been properly maintained. The crane was fitted with four separate auxiliary braking systems in addition to the ordinary footbrake. Three of the auxiliary braking systems had been disconnected altogether and the fourth was damaged. There were also serious faults with the main braking system, with no operable brakes at all on seven wheels and faults or excessive wear to the remaining nine.  Baldwins Crane Hire Ltd were responsible for these failings.

A CPS spokesperson said:   “The company had a duty of care to its employees to maintain the crane to ensure it was safe and roadworthy. This hadn’t happened. The jury also found that the company had put other road users at risk due to poor maintenance of its vehicles. 

“Following further investigations of the company’s fleet several cranes were found to have faults with their brakes or other operating systems.  Had the company serviced and maintained the vehicles, this accident would never have happened. Mr Easton put his safety in the hands of his employer and they failed him.”

Man sentenced to six years for preparation of acts of terror following radicalisation online

Trevor Mulindwa, 21, was sentenced on 21 December to six years in prison following his conviction of preparation of acts of terrorism at Kingston Crown Court.

Mulindwa was arrested in Terminal 3 of Heathrow airport in September 2014 as he attempted to travel to Mogadishu in order to join the proscribed terrorist organisation Al-Shabbab. At the time he was found to be in possession of a phone which contained a history of visits to six websites, all with a terrorist theme.

Mulindwa claimed he was visiting his cousin, Joseph, in Uganda, a claim he could not back up with any evidence.

Deb Walsh, Deputy Head of Counter Terrorism Division, said: "Following a stay in a psychiatric hospital Trevor Mulindwa became increasingly radicalised, seeking out jihadi websites and developing an obsession with the terrorist group Al-Shabbab.

"His lack of even the most basic understanding of Islam illustrates how little he cared for its spirituality and how focused he was on committing violence. This led him to attempt to travel to Mogadishu to join terrorist groups, his worried family contacted police which led to his arrest at the airport.

"Those who seek out radicalisation and attempt to travel to commit acts of terror will be prevented from doing so and prosecuted."

Bijan Ebrahimi death: Two officers found guilty of misconduct

Two officers have today been found guilty at Bristol Crown Court of misconduct in a public office after they failed to act to protect Bijan Ebrahimi from vigilantes who later caused his death.

Bijan Ebrahimi was murdered when he was seriously assaulted and his body set alight in 2013. Following an investigation by the Independent Police Complaints Commission looking into police actions ahead of his death, PC Kevin Duffy and PCSO Andrew Passmore were charged with misconduct in public office on the advice of the CPS.

Colin Gibbs, Specialist Prosecutor at the Crown Prosecution Service, said:

“Kevin Duffy ignored repeated requests for help from Bijan Ebrahimi who was in fear of his life. He clearly didn’t like Bijan Ebrahimi and treated him as a liar and a nuisance. He refused to speak to him, including repeatedly ignoring his phone calls for help when he felt unsafe in his own home.

“Kevin Duffy was aware of the dangerous situation Bijan Ebrahimi was in and knew of the threat from the man who later went on to callously murder him.

“Kevin Duffy failed in his basic public duty. He had an opportunity to try and stop this vigilantism before it escalated.

“Andrew Passmore was found guilty of lying in a witness statement claiming he had carried out a foot patrol in the area around Bijan Ebrahimi’s home for up to an hour. We hope today’s convictions will be of some small comfort to Bijan Ebrahimi’s family.”

They will be sentenced next year.

Background

The prosecution case against Kevin Duffy was:

In circumstances in which he knew that or ought to have known that BIJAN EBRAHIMI was at risk of harm from vigilantism, he:

(a)          Failed to visit or otherwise make contact with BIJAN EBRAHIMI;

(b)          Refused to speak to BIJAN EBRAHIMI on the telephone.

Andrew Passmore was found guilty of claiming in a witness statement dated 3^rd September 2013 that he had carried out a foot patrol of Capgrave Crescent and the surrounding area on 12th July 2013 for a period of up to an hour.

PC Leanne Winter and PC Helen Harris were also charged with misconduct in a public office but were found not guilty.

Bijan Ebrahimi died on Sunday 14 July 2013. Lee James pleaded guilty to murder of Bijan Ebrahimi in 2013 and was sentenced to life imprisonment with a minimum of 18 years. Steven Norley pleaded guilty to an offence of assisting an offender and was sentenced to four years’ imprisonment.

Man convicted for homophobic and transphobic attack

Michael Maughan, 22, was convicted today at City Magistrates’ Court for two counts of assault and a public order offence. These charges relate to an incident in the early hours of 10^th July 2014 in Old Compton Street, Westminster. Maughan pleaded guilty to all three charges today, on the day of trial. All three charges were prosecuted as homophobic and transphobic hate crimes. He will be sentenced on 12^th January.

Maughan attacked a group who had been working and socialising in the Soho area. He began to shout homophobic and transphobic abuse at the group before attacking one of the victims by pulling them to the ground by their hair. In an attempt to help their friend, another member of the group tried to intervene and Maughan then attacked them, dragging them across the ground.

Toks Adesuyan, Legal and Stakeholder manager for CPS London said: “Hate crimes like this are toxic. To attack someone because of who they are or what they look like is simply unacceptable and has no place in our society.

“The victims of this attack were drag artists and entertainers and Maughan targeted them based on their appearance. They have been left frightened and distressed by the unprovoked attack.

“Tackling hate crime is a priority for the CPS and I hope today’s conviction sends out a strong message to the LGBT communities that we are committed to securing justice for victims of homophobic, biphobic and transphobic crimes.”

Two males convicted for attack which caused the death of an unborn baby

Kevin Wilson, 22, and a 17-year-old who cannot be named for legal reasons, were convicted today at the Central Criminal Court for causing grievous bodily harm with intent and child destruction. This relates to an attack on a heavily pregnant woman in the Peckham area on 15^th June 2015. The two defendants wore motorcycle helmets during the attack to try and conceal their identities but the victim recognised Wilson, who she had previously had a relationship with. Wilson was the father of the unborn baby and had previously told the victim that he did not want her to have the baby.

 

Malcolm McHaffie, CPS London Deputy Chief Crown Prosecutor, said: “The incomprehensibly evil actions of these two defendants have cruelly snatched away the life of an unborn baby boy who was just weeks away from being brought into the world.

“The evidence showed the attackers’ clear intent to inflict as much damage as possible on the unborn child as they viciously targeted the victim’s stomach by kicking and stamping with great force.

“Not only did this attack fatally injure the unborn baby, it caused life-threatening internal bleeding for the mother. She also suffered fractures to her hand which she was desperately using to try and protect the baby.

“We were able to demonstrate a clear link between the two defendants through telephone evidence which showed they had been in contact a number of times leading up to the attack.

“I would like to thank the victim for her courage in giving evidence against her attackers in this heart-breaking case.”

 

Man sentenced to four and a half years’ imprisonment following conviction for terrorism offences.

Today, Mustafa Abdullah was convicted of 13 terrorism related offences at the Old Bailey, after terrorist training videos were found in his possession when he travelled back to the UK after six months in Syria.   The offences were contrary to Section 58 of the Terrorism Act 2000. He was sentenced to four and a half years’ imprisonment.

Abdullah had travelled to Syria between November 2013 and May 2014 to an area where conflict was intense at the time.  When his phone was searched upon his arrival into the UK, it was found to contain a large number of firearms related videos that would be considered useful to an individual committing or planning to commit an act of terrorism.

A subsequent search of his home address revealed other similar material, and in particular three audio files of lectures giving detailed instructions for terrorists preparing to engage in guerrilla warfare.

Folders were found on his phone with names such as ‘military folder’, ‘Valhalla training centre folder’ and a ‘vids folder’ – he had attempted to delete many of these folders prior to his arrival back to the UK.  One of the videos found within a folder was a film called ‘Close range gunfighting (advanced)’, a training video showing how to use a firearm to kill people in close combat.  A large number of the videos contained material which would be useful to anyone preparing to engage in acts of terrorism.

Abdullah had claimed not to have known these files existed on his phone, however, following examination of the phone it was proved that Abdullah had accessed at least some of them at some point during his time abroad and viewed them.

CPS Spokesperson said:

“The evidence found on Mustafa Abdullah’s phone strongly indicated that he was preparing or planning an act of terrorism.  Many of the videos had links to Jihad and detailed how to use weapons with the intention being to kill.

“He had claimed to have been travelling to Syria for humanitarian reasons, however, pictures found on his phone showing Abdullah holding an automatic assault rifle suggested a more sinister purpose to his visit.  There was also no evidence on his laptop, tablets and phones of having carried out any research into humanitarian work.

“The most chilling of the articles found was that of an Arabic lecture containing detailed instructions on how to research and carry out a terrorist attack on a city centre.”

Charges:

Count 2

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 3

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 4

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 6

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 7

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 8

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 9

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 10

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 11

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 12

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM, contrary to section 58(1)(b) of the Terrorism Act 2000

Count 13

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM contrary to section 58 (1) (b) of the Terrorism Act 2000.

Count 14

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TOA PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM contrary to section 58 (1) (b) of the Terrorism Act 2000

Count 15

POSSESSION OF A DOCUMENT OR RECORD CONTAINING INFORMATION OF A KIND LIKELY TO BE USEFUL TO A PERSON COMMITTING OR PREPARING AN ACT OF TERRORISM contrary to section 58 (1) (b) of the Terrorism Act 2000.

“Ambulance” drug smugglers sentenced to 70 years

Olof Schoon, Leonardus Bijlsma and Richard Engelsbell were sentenced today at Birmingham Crown Court to a total of 70 years for smuggling more than a billion pounds worth of drugs into the UK, hidden inside Dutch “ambulances”.

The ambulance company, owned and run by Schoon, was a front for importing Class A drugs.

Andy Young, Specialist Prosecutor in the CPS Organised Crime Division, said:

“This bogus operation was set up to make vast amounts of money. In pursuit of profit, the defendants ignored the enormous cost of human life that comes with importing these drugs.  The quantities are staggering - the last trip alone involved nearly 270kg of drugs, with a combined street value of around £38 million.

“The defendants covered up their criminal activity by creating a fake ambulance company. There were no genuine patients, but to make their operation appear more legitimate, they even employed ‘fake’ patients to travel in the ambulances.

“This was a sophisticated, highly organised operation but with close working between the Dutch National Police, the National Crime Agency and the CPS these criminals have been brought to justice.”

Additional information

When one ambulance was intercepted in June 2015, 193kg of cocaine was found, with an approximate street value of just over £30 million. There was also 74kg of heroin with an estimated value of £8.14 million and 2kg of ecstasy and 20,000 tablets, worth around £60,000. The ambulance had been driven into the UK via a ferry and was intercepted in Birmingham.

For the total amount of trips, the estimated street value of the smuggled drugs was worth £1-1.2 billion pounds.

Olof Schoon and Richard Engelsbell pleaded guilty at an earlier hearing. Leonardus Bijlsma was found guilty by a jury.

Sentencing details:

Olof Schoon – 24 years

Richard Engelsbell – 18 years

Leonardus Bijlsma – 28 years

No further action to be taken in Operations Weeting or Golding

Alison Saunders, Director of Public Prosecutions said:

“The CPS has looked in great detail at the comprehensive files submitted to us by the police, both in relation to corporate liability at News Group Newspapers and against 10 individuals at Mirror Group Newspapers for alleged phone hacking.

“After a thorough analysis, we have decided there is insufficient evidence to provide a realistic prospect of a conviction and therefore no further action will be taken in any of these cases.

“There has been considerable public concern about phone hacking and invasion of privacy. Over the past three years, we have brought 12 prosecutions and secured nine convictions for these serious offences. These decisions bring the CPS’s involvement in current investigations into phone hacking to a close.”

 

Operation Weeting

Corporate liability of News Group Newspapers (NGN)

A file was passed to the Crown Prosecution Service by the Metropolitan Police Service in July 2015, following an investigation into corporate liability as part of Operation Weeting. Potential charges for phone hacking and perverting the course of justice were considered.

After thorough analysis of the evidence, it has been decided that no further action will be taken for either charge. This decision has been made following the Full Code Test of the Code for Crown Prosecutors; there is insufficient evidence to provide a realistic prospect of conviction, therefore a prosecution cannot take place. Any decision by the CPS does not imply any finding concerning guilt or criminal conduct.

The offences considered were:

• The interception of communications in the course of transmission without lawful authority contrary to section 1(1) of the Regulation of Investigatory Powers Act 2000 (RIPA)
• Perverting the course of justice contrary to Common Law

The law on corporate liability in the United Kingdom makes it difficult to prove that a company is criminally liable if it benefits from the criminal activity of an employee, conducted during their employment. The company will only be liable if it can be proved that the individual involved is sufficiently senior, usually close to or at board level, to be the ‘controlling mind and will’ of the company. Unlike other countries, the principles of vicarious liability or poor corporate governance, which are matters that are easier to prove, play no part in establishing corporate criminal liability.

The present state of the law means it is especially difficult to establish criminal liability against companies with complex or diffuse management structures. In this case, as in any corporate liability case, we have looked closely at the overall structure of the company involved, and the level of management and decision-making powers of those involved, in order to come to a decision.

Interception of communications

Andy Coulson has already been convicted of phone hacking offences. However, Mr Coulson cannot be said to have been a “controlling mind” at News Group Newspapers (NGN); he was not a director or senior officer. He was editor of the News of the World newspaper which was under the overall direction and control of NGN. Responsibility for what went into the newspaper rested with him as its editor but while he had control of the newspaper, within restrictions, he was not a controlling mind of the company. Accordingly, we are satisfied that corporate criminal liability cannot be attributed to the company through the actions of Andy Coulson as he cannot be considered to have been the ‘controlling mind and will’ of NGN.

Secondly, there is no evidence to suggest that any member of the Board of NGN had knowledge of phone hacking when it was taking place. Knowledge gleaned after the fact is not sufficient. An individual was paid significant sums of money over many years by NGN for phone hacking, but there is no evidence that anyone on the Board knew that the money paid was because phone hacking was taking place. Therefore, there is no senior officer of the company through whom corporate criminal liability could be established. 

Perverting the course of justice

We considered allegations of perverting the course of justice relating to the company’s actions, from April 2006 when the first arrests for phone hacking took place, until April 2011, when the company admitted liability in civil proceedings for phone hacking.

In order to charge NGN with this offence, it would need to be proved that a person or persons who were the ‘controlling mind and will of the company’ acted or embarked on a course of conduct which was intended to pervert the course of justice.

In order to examine these allegations we have looked at evidence in three areas: the original police investigation into phone hacking in 2006, the civil settlements, and the email deletion policy of the company.

We have reviewed the evidence in relation to the News of the World employees’ conduct during the original police phone hacking investigation and concluded that there is nothing that these employees could have done which would have altered or affected the resulting prosecution. Therefore the company cannot be said to have perverted the course of justice.

The civil settlements were also considered. However, the fact that NGN decided to settle rather than resist civil proceedings cannot be considered to be actions which could pervert the course of justice.

We have examined the email deletion policy of NGN, which formed the basis of part of the evidence in the recent phone hacking trial. There are legitimate reasons for companies to have an email deletion policy. In this case, there is no evidence to suggest that email deletion was undertaken in order to pervert the course of justice.

Accordingly, there is insufficient evidence to provide a realistic prospect of a conviction, so we have determined that News Group Newspapers cannot be charged with perverting the course of justice.

Operation Golding

Journalists at Mirror Group Newspapers

Ten files were considered by the CPS as part of Operation Golding, relating to allegations of phone hacking at Mirror Group Newspapers. These files concerned ten individual journalists who worked at Mirror Group Newspapers. It has been determined there is insufficient evidence against any individual suspect to provide a realistic prospect of conviction for phone hacking.

In reaching this decision, we considered a number of strands of evidence, including scrutiny of suspicious call data. The call data showed a regular pattern of two calls being placed to the same number (double tapping) and also a large number of calls placed to voicemail platform numbers. However, it is not possible to prove the fact that the ‘double taps’ and calls to voicemail platform numbers are definitely instances of phone hacking. In addition, it was common practice at Mirror Group Newspapers for journalists to use one another’s telephones, and so it is not possible to determine which individuals were  responsible for making specific calls.

Whilst the call data was deemed suspicious it could not be said with certainty that it showed instances of phone hacking by any specific individual and was ultimately found to be insufficient to bring a prosecution.

We considered statements from two potential witnesses, both former employees of the Sunday Mirror, who made direct allegations against certain individuals. Following thorough scrutiny of the allegations we decided we were unable to put either forward as a prosecution witness.

The first stage of the Full Code Test is that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. Without the evidence passing the first stage a prosecution in any individual case cannot take place.

These decisions draw to a conclusion the CPS’s involvement in current phone hacking investigations.

In total, 12 prosecutions have taken place with nine convictions for offences relating to phone hacking.

Notes to editors

1. There have been 12 prosecutions under Operations Weeting, Pinetree and Golding, and nine people have been convicted: (Jules Stenson, Dan Evans, James Weatherup, Andy Coulson, Greg Miskew, Glenn Mulcaire, Ian Edmondson, Neville Thulbeck and Graham Johnson). Three people were acquitted.

2. Any decision by the CPS does not imply any finding concerning guilt or criminal conduct; the CPS makes decisions only according to the test set out in the Code for Crown Prosecutors and it is applied in all decisions on whether or not to prosecute.

3. The CPS's function is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors.

4. This assessment is based on the evidence available arising out of the police investigation and not on the evidence that is likely to be gathered by the defence, and likely to be used to test the prosecution evidence. The CPS charging decision is therefore necessarily an assessment on the basis of the evidence that is available to the CPS at the time the decision is made.

5. CPS prosecutors must also keep every case under review, so that they take account of any change in circumstances that occurs as the case develops, including what becomes known of the defence case. If appropriate, the CPS may change the charges or stop a case.

Company sentenced for corporate manslaughter after six year old girl dies

Today, 7 December, Cheshire Gates and Automation Ltd was sentenced to a fine of £50,000 and a Publicity Order following the death of six year old Semelia Campbell, who tragically died after she was trapped in a faulty electric gate.

Semelia died on 28 June 2010 after becoming trapped in the gate at Maine Place in Manchester, the residential complex where she lived.  The gate failed to detect Semelia as it closed and whilst her family, residents and the emergency services tried to free her, it was only once the gate motor was smashed that the gate gave way and she could be released.

Alison Norton, Specialist Prosecutor from CPS, said:

“This tragedy could have been avoided had the gate been automated correctly.  By its plea the company has accepted that it had been grossly negligent in breaching its duty towards Semelia and has accepted responsibility for her tragic death. I hope that this is of some comfort to Semelia’s family.”

On 17 November 2015, Cheshire Gate and Automation Ltd, pleaded guilty to the corporate manslaughter of Semelia. The company had automated that gate in an unsafe manner, leaving it without any proper limit on the force it exerted and unable to detect and pull back from any obstacles it encountered.