CPS News Brief

Crown Prosecution Service re-review of Operation Elveden

 

STATEMENT FROM THE DIRECTOR OF PUBLIC PROSECUTIONS 

Operation Elveden is a Metropolitan Police Service investigation that revealed the payments made to corrupt public officials by journalists for information. It followed two parliamentary committees and the Leveson Inquiry which revealed serious questions over the techniques used by some which may have amounted to systematic and flagrant breaches of the law. The range and circumstance of this activity was of a scale not previously encountered by police or CPS.

In these circumstances the police inquiry was inevitable as was the subsequent duty on prosecutors to decide if the evidence was sufficient to prosecute. The CPS made every effort to provide advice on charges as quickly as possible, and the majority of the decisions made by the CPS in relation to these cases were completed within three months of a file being received from the Metropolitan Police.

The importance of a free press is paramount in any democracy and the prosecutions against the journalists involved were considered very carefully. However, the investigation revealed widespread payments to corrupt officials, and in some cases the CPS authorised prosecutions of journalists.

This was not an investigation into whistle blowers acting to expose matters of public importance out of a sense of civic duty – the 21 convictions of public officials to date show that these were the actions of corrupt individuals motivated by greed and self-interest.

The investigation revealed corruption in areas where the public should generally expect confidentiality. For example, police officers trusted with safeguarding public safety; prison officials tasked with oversight of some of society’s most vulnerable and most dangerous inmates; soldiers and more.

It is of the utmost importance that the incorruptibility of the public service and the integrity of our police, prisons and army, in serving the public, is protected by the law and the convictions to date are testament to that. In total, the CPS has properly brought 28 prosecutions against public officials who have received payments totalling around £180,000.

As well as the prosecutions brought against journalists, it should also be noted that in relation to alleged corrupt payments the CPS has also decided it was not appropriate to prosecute 14 journalists.

It is normal that the law and its application develops as cases are brought before the courts – it was only a few years ago that the Court of Appeal ruled to narrow the definition of what a public official was, and the latest ruling on the application of the offence of Misconduct in Public Office is another example of the evolution of the law in our legal system. The use of Misconduct in Public Office in these unique circumstances was a new use of a complicated area of the law.

We have now received the Court of Appeal judgment in R v ABC, EFG, IJK; R v Sabey [2015] EWCA Crim 539, which we have carefully considered in light of our experience of prosecuting these cases and the verdicts that have sometimes been delivered after many hours of careful deliberations, for which we thank the juries.

We have promptly reviewed all the cases within Operation Elveden. At the same time, we have updated our guidance in respect of these cases where Misconduct in Public Office is the substantive offence.

This guidance has been published today and supplements the existing CPS Guidelines for Prosecutors on Assessing the Public Interest in Cases Affecting the Media – guidance which was consulted on publicly. 

The Court of Appeal judgment emphasised the high threshold of seriousness required by the offence of Misconduct in Public Office. It also said that more consideration should be given to the potential harm, or lack of, to the public interest in the disclosure of information, as opposed to relying on the strong benefit to the public interest in any resulting story. This may result in different considerations when applied to public officials and journalists, whose responsibilities and motivations in the positions they hold are relevant to the overall seriousness of offending.

As this guidance makes clear, there is strong public interest in maintaining impartial and incorrupt public services. The guidance therefore states that public officials who flagrantly break the trust of the public for payments do cause real harm to the public interest. Provided there is sufficient evidence to do so, prosecution in such circumstances would therefore almost always be in the public interest.

As the guidance states, sustained corruption of police officers is a particularly grave matter. Police officers exercise significant powers in respect of ordinary citizens, and they have access to confidential databases containing the details of victims and witnesses. Where a journalist is engaged in such corrupt relationships there would also be a high public interest in seeking prosecution.

Regarding the payment of other public officials by journalists, the guidance recognises that the harm to the public interest in the corrupt payments and the lack of harm caused by any resulting stories may be finely balanced and the prosecution of journalists in these circumstances may not always be in the public interest.

Nothing in this statement should be taken as an indication that payment to a public official by a journalist is acceptable behaviour or immune from prosecution – any case referred to us for consideration of criminal charges will be very carefully considered on its own facts and merits in accordance with published guidance.

This new guidance only relates to the offence of Misconduct in Public Office arising from Operation Elveden. The introduction of new offences under the Bribery Act and the new offence of statutory police corruption means different considerations may apply to similar cases in future. We will be considering specific guidance in relation to use of the Bribery Act in these circumstances in the near future, on which we intend to consult publicly.

There is, at present, one further case arising from Operation Elveden that awaits a charging decision, and four investigative advice files have also been passed to the CPS. These will be considered in accordance with the updated guidance published today.

 

Decisions on current cases are as follows:

 

Greig Box-Turnbull, Desra Reilly, Grant Pizzey: trial adjourned to 27 April 2015

- Proceeding against public official Pizzey and partner Reilly, public interest NFAs on journalist Box-Turnbull -

 

This case has been reviewed in light of the recent Court of Appeal judgment and new CPS Legal Guidance.

We are satisfied that there is sufficient evidence to provide a realistic prospect of conviction and have concluded it is in the public interest to proceed to trial for Grant Pizzey and Desra Reilly.

We have concluded that in respect of Greig Box-Turnbull, there is a fine balance between the harm caused by alleged payments to a prison officer, and the lack of harm to the public interest in publishing these stories. In these circumstances, we believe it is not in the public interest to prosecute and as a result we are offering no evidence in respect of his case.

Mr Box-Turnbull faced a similar charge in respect of alleged payments for stories to a second prison officer. Similar, but not identical, considerations, apply to Mr Box-Turnbull’s alleged involvement and accordingly the prosecution offer no evidence for that second charge in respect of Mr Box-Turnbull, having concluded it is not in the public interest to prosecute.

 

 Robert Norman & Stephen Moyes: trial due to start 11 May 2015

- Proceeding against public official Norman, public interest NFA on journalist Moyes - 

 

This case has been reviewed in light of the recent Court of Appeal judgment and new CPS Legal Guidance.

We are satisfied that there is sufficient evidence to provide a realistic prospect of conviction and have concluded it is in the public interest to proceed to trial against Robert Norman. This will start on 11 May 2015.

We have concluded that in respect of Stephen Moyes, there is a fine balance between the harm caused by alleged payments to a prison officer, and the lack of harm to the public interest in the publishing of the stories about matters at Belmarsh prison. In these circumstances, we believe it is not in the public interest to prosecute Mr Moyes, and as a result we are offering no evidence in respect of his case.

 

Ryan Sabey and Paul Brunt: convicted 19 Feb 2015, appealing conviction

- Proceeding against public official Brunt, public interest NFA on journalist Sabey -

 

This case has been reviewed in light of the recent Court of Appeal judgment and new CPS Legal Guidance.

We are satisfied that there is sufficient evidence to provide a realistic prospect of conviction and have concluded it is in the public interest to proceed to trial against Paul Brunt.

We have concluded that in respect of Ryan Sabey, there is a fine balance between the harm caused by alleged payments to a soldier in the Army, and the lack of harm to the public interest in the publishing of the stories themselves. In these circumstances, we believe it is not in the public interest to prosecute and accordingly we have decided not to seek a retrial for Mr Sabey.

 

Vince Soodin: retrial due to start 20 April 2015

- Public interest NFA on journalist Soodin, public official Bowes pleaded guilty -

 

This case has been reviewed in light of the recent Court of Appeal judgment and new CPS Legal Guidance.

We have concluded that there remains a realistic prospect of conviction in respect of Vince Soodin. We have also reviewed whether it remains in the public interest to retry Mr Soodin for this offence.

Taking into account a number of circumstances, including the single, one-off nature of the offence and the time lapse since the alleged offending, we do not now believe it is in the public interest to continue with this case, and accordingly we offer no evidence.

 

Clive Goodman and Andrew Coulson: retrial due to start 29 June 2015

- Public interest NFAs on journalists Goodman and Coulson -

 

This case has been reviewed in light of the recent Court of Appeal judgment and new CPS Legal Guidance.

We have concluded that there remains a realistic prospect of conviction in respect of Clive Goodman and Andrew Coulson. The CPS has also reviewed the case to determine whether it is still in the public interest to prosecute both defendants.

Taking into account a number of circumstances, including the custodial sentences which have already been served by the defendants and the time since the alleged offending, we have concluded that there is no longer a public interest in prosecuting both defendants and accordingly, we offer no evidence.

  

Anthony France: trial due to start 11 May 2015

- Proceeding against journalist France -

 

This case has been reviewed in light of the recent Court of Appeal judgment and new CPS Legal Guidance.

We have reconsidered the evidence in relation to Anthony France and have concluded that there remains sufficient evidence and it is in the public interest that we should proceed to trial against Mr France. This trial will start on 11 May 2015.

 

 

Kenneth and Karen Hall: trial due to start 26 May 2015

- Proceeding against public officials Kenneth and Karen Hall, original journalist public interest NFA stands -

 

This case has been reviewed in light of the recent Court of Appeal judgment and new CPS Legal Guidance.

We have reconsidered the evidence in relation to Kenneth and Karen Hall and have concluded there remains sufficient evidence and it is in the public interest to continue proceeding with the case against both defendants. This trial will proceed on 26 May 2015.

 

 

Alan Hagan and News of the World journalist: trial adjourned to 18 May 2015

- Proceeding against public official Hagan, public interest NFA on a News of the World journalist –

 

This case has been reviewed in light of the recent Court of Appeal judgment and new CPS Legal Guidance.

We are satisfied that there is sufficient evidence to provide a realistic prospect of conviction and have concluded it is in the public interest to proceed to trial against Alan Hagan.

We have concluded that in respect of the News of the World journalist, there is a fine balance between the harm caused by alleged payment to a public official, and the lack of harm to the public interest in the publishing of the stories themselves. In these circumstances, we believe it is not in the public interest to prosecute and accordingly we do not intend to proceed against the News of the World journalist.

 

 

Jamie Pyatt, Chris Pharo, Ben O’Driscoll and Graham Dudman: retrial 21 September 2015

- Proceeding against journalists Pyatt and Pharo, public interest NFAs on journalists O’Driscoll and Dudman –

 

This case has been reviewed in light of the recent Court of Appeal judgment and new CPS Legal Guidance.

We are satisfied that there is sufficient evidence to provide a realistic prospect of conviction and have concluded it is in the public interest to proceed to trial against Jamie Pyatt and Chris Pharo.

We have reconsidered the evidence in respect of Ben O’Driscoll and Graham Dudman and have concluded that it is not in the public interest to prosecute. As a result we are offering no evidence in respect of their case.

 

 

Additional information included for completeness – this decision was made in light of the Court of Appeal judgment referenced above, but was before the fuller review took place:

 

News of the World journalist, Lynn Gaffney and Scott Chapman

- Public interest NFAs on News of the World journalist and Gaffney, proceeding against public official Chapman -

 

The decisions of whether or not to seek a retrial of a News of the World journalist, a public official Scott Chapman and his ex-partner Lynn Gaffney were taken prior to the wider review of all outstanding Operation Elveden cases, and before the resulting new guidance on these cases had been written.

In respect of the News of the World journalist and Lynn Gaffney, in light of the sentences already served, we considered it was no longer in the public interest to prosecute.

With regards to Scott Chapman, the CPS is satisfied that there remains sufficient evidence to provide a realistic prospect of conviction and it remains in the public interest to prosecute and we will be proceeding to re-trial.

 

 

For editors:

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.

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.

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.

 

Three men charged with Syria related terrorism offences

Mari Reid, a senior counter-terrorism lawyer at the Crown Prosecution Service, said:

“Following an investigation by the West Midlands Counter Terrorism Unit, I have today authorised police to charge Gabriel Clement Rasmus Anas Abdow Abdalla, and Mahamuud Diini, all from Birmingham, with the preparation of acts of terrorism, contrary to s5(1)(a) of the Terrorism Act 2006.

“All three men were arrested on 3 April 2015 when they were found in the back of an articulated lorry at the Port of Dover. The allegation is that they were attempting to smuggle themselves out of the United Kingdom and travel to Syria or Iraq in order to engage in terrorism.

“The decision to prosecute has been taken in accordance with the Code for Crown Prosecutors. I have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest.

“Gabriel Clement Rasmus, Anas Abdow Abdalla, and Mahamuud Diini will appear at Westminster Magistrates' Court tomorrow, 17 April 2015.

"May I remind all concerned that the defendants have a right to a fair trial. It is very important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings. For these reasons, it would be inappropriate for me to comment further."

Diplomatic staff sentenced for £4.8m excise duty fraud

Today [15 April 2015] at Croydon Crown Court Patrick Mbogo was sentenced to six years for being knowingly concerned in fraudulent evasion of excise duty. Mr Mbogo was an employee of the Ugandan High Commission in London between 2006 and 2010.

Lisa Rose, specialist fraud lawyer at the CPS said:

“Patrick Mbogo has been sentenced to six years for evading excise and VAT duties of £4.8m over a three year period. Mr Mbogo was a locally employed member of staff at the Ugandan High Commission where he ordered nearly 28.5 tonnes of hand rolling tobacco duty and tax free. Diplomats are entitled to duty and tax free tobacco in quantities for personal use - Patrick Mbogo did not have diplomatic status and the quantities he was ordering were clearly not for personal use. He ordered this tobacco with another defendant, exploiting the privileges afforded to diplomats, and continued to do so after his contract ended in 2010.

“He abused the trust placed in him by his employer and cheated the public purse of over £4.8m.

“We would like to thank the Ugandan High Commission for their cooperation in this case.”

CPS authorises charges in relation to the death of Abdul Hadi Arwani

Rob Davis, from the CPS London Homicide Unit, said:

“The Crown Prosecution Service has today authorised the Metropolitan Police to charge Leslie Cooper, 36, with the murder of Abdul Hadi Arwani. Mr Arwani was shot dead in the Greenhill area of London on 7th April 2015.

"This decision was taken in accordance with the Code for Crown Prosecutors.

"Mr Cooper will appear before Camberwell Green Magistrates' Court on 14 April 2015.

"Mr Cooper now stands charged with a criminal offence and has the right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."

Man sentenced after robbing 92 year old of £10

A 29 year old man has appeared at Southwark Crown Court today, Monday 13^th, and was sentenced to 30 months in jail after he robbed Stanley Evans, aged 92 at the time, in Soho.

On New Year’s Eve 2015, Solomon Bygraves, of Peckham Road, SE5, targeted his elderly victim by following him as he returned home from the shops and robbing him in the foyer. Stanley Evans had just £10 in his wallet which Bygraves took after pushing him to the floor leaving him so shocked he lay on the ground for some minutes before he was able to call for help.

Following a public appeal, where CCTV footage of the robbery was released, Solomon Bygraves was identified and arrested.  Having initially said he was in the building for other reasons and had simply witnessed the victim fall to the floor but hadn’t stolen his wallet, he later pleaded guilty to the offence in March at Southwark Crown Court.

Details of charge:

Robbery, contrary to section 8(1) of the Theft Act 1968.

Kevin Hutchinson-Foster – confirmation of charge details

The Mail on Sunday claimed last weekend (22 March) that the CPS “strangely” could not locate paperwork for a case relating to Kevin Hutchinson-Foster from 2008 in which charges were “mysteriously dropped”. This is not correct. Having been contacted on Thursday, we informed the newspaper on Friday that we were still waiting for information as the file would have been archived and it can take more than the time we had been given to retrieve information from a five-year-old case.

We have now established that  there were no charges dropped. Kevin Hutchinson-Foster was charged with possessing a prohibited weapon;  possessing ammunition without certificate, and possessing Class A controlled drug with intent to supply - Cocaine, possessing Class A controlled drug with intent to supply – Heroin and possessing Class B controlled drug– Cannabis/Cannabis resin. Following a trial he was convicted in March 2009 of the drugs offences and sentenced to 54 months imprisonment but was acquitted of both firearms offences by the jury. The file relating to this case would have been destroyed in February 2014 in line with our file retention scheme.

CPS statement on Operation Elveden appeal

CPS spokesperson said: “The judgement does not call into question the prosecution of the cases they considered but acknowledged this is an extremely difficult, and rarely visited, area of the law.  The Court of Appeal considered that the jury needed greater direction on how serious offending must be to amount to an abuse of the public’s trust than was given in this case and therefore could not be certain that the jury would have reached the same verdict if that direction had been given.

“As with all Court of Appeal rulings, the CPS will now consider the contents, and its implications, very carefully. No decision on possible retrials has been made.”

 

Additional information:

The decision on a retrial will be made by Tuesday 31 March as directed by the Court of Appeal.

Pyranha Mouldings Ltd. sentenced for corporate manslaughter following death of an employee in manufacturing oven

Following a trial at Liverpool Crown Court, the trial Judge passed sentence today whilst sitting at the Royal Courts of Justice.  Company director Peter Mackereth  was sentenced to nine months in prison suspended for two years and fined £25,000 and Pyranha Mouldings Ltd. were fined £200,000.  Pyranha Mouldings Ltd. and Peter Mackereth were also asked to pay costs of £90,000 between them.    

Alan Catterall was a supervisor for Pyranha Mouldings Ltd., a company which manufactures plastic kayaks and canoes. On the morning of 23 December 2010 a fault developed on one of the ovens used to create the kayak moulds, which was then out of service whilst maintenance work was carried out. Once the initial fault was fixed Mr Catterall began working on the machine, however the oven was turned back on with Mr Catterall inside. Mr Catterall had no means of escape and no alarm, due to the unique design of the oven which had been developed by Pyranha Mouldings Ltd.

Mark Auty, senior specialist prosecutor with the CPS said:

“Mr Catterall’s death was caused by the serious failings of his employer, Pyranha Mouldings Ltd. This wasn’t just a tragic situation; it was a tragedy waiting to happen. Mr Catterall’s death is all the more upsetting because it was avoidable.

“By choosing to take on the design and installation of the machine, Pyranha Mouldings assumed responsibility for its safety. However, the machine clearly endangered the safety of those working with it, including Mr Catterall.

“By their verdict, the jury have decided that Pyranha Mouldings Ltd is responsible for the death of Alan Catterall. This is a sad and distressing case, and our thoughts are with the family of Alan Catterall.”

  

Details of the charges:

Pyranha Mouldings Ltd. guilty of:

Corporate Manslaughter, contrary to section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007

Failing to ensure the health, safety and welfare of employees pursuant to section 2(1) of the Health and Safety at Work Act 1974

Failing to ensure the safety of an article designed, manufactured and supplied for use at work pursuant to section 6(1)(a) of the Health and Safety at Work Act 1974

 

Peter Mackereth (Director of Pyranha Mouldings Ltd.) guilty of:

Being an officer of a body corporate which committed an offence under the Health and Safety at Work Act 1974 committed with the consent, connivance or being attributable to the neglect of the office holder, contrary to section 33(1)(a) and s37(1) of the Health and Safety at Work Act 1974 as amended

 

Further information (taken from the prosecution opening):

The circumstances of Mr Catterall’s death are quite horrific. On the morning of the accident a fault had developed on one of the ovens. It was out of service for about an hour whilst maintenance work was carried out. The initial fault was fixed and one of the operators turned the machine back on. Tragically, what the operator did not realise was that Mr Catterall was still working inside the oven.

The design of the oven was such that the moment it was switched on its power-operated doors shut and automatically locked with metal bolts on the outside. Mr Catterall was trapped within the oven. There was no means of escape and no alarm. The oven is lined with insulation material, and on the noisy factory floor there was no chance of anyone hearing any cries for help.

The evidence indicates that Mr Catterall made efforts to escape using a metal crow bar, but it was to no avail. He suffered severe burns and died as a result of shock.

There had been repeated problems with the ovens breaking down and with computer failures, and every time that happened the company was losing production. Much of the responsibility for keeping production going through these difficulties would fall on Mr Catterall.

…

Even in the old factory, there was a practice of going into the ovens to remove drips of plastic. But the new ovens were much more dangerous, for two reasons. First, in the old ovens there was a drip tray which could simply be removed for cleaning. Second, in the previous factory the control panels were positioned directly in front of the ovens with a clear view of what was taking place inside.

There had been a previous incident where someone was inside the oven when the doors started to close. Staff were fearful of being stuck inside the ovens. There was another near-miss incident when a moulder turned the oven on when a fitter was working underneath it changing the belt on a motor.

Peter Boddy and David Moss sentenced in first prosecution related to the ‘horsemeat scandal’ of January 2013

Peter Boddy and David Moss have today been sentenced at Southwark Crown Court, they were each asked to pay costs of over £10,000, Moss received a four month prison sentence suspended for two years and Boddy was fined £4,000 for each count.

Peter Boddy, the owner of a slaughterhouse which sold horsemeat to customers, admitted to failing to keep adequate records which could trace the provenance of the meat. The slaughterhouse manager, David Moss, has been sentenced for falsifying an invoice.

Kevin Hansford, specialist prosecutor at the Crown Prosecution Service said:

 “FSA inspectors visited the slaughterhouse owned by Peter Boddy and managed by David Moss after widespread publicity over alleged miss-selling of meat. Documents produced for this inspection were intended to deceive the inspector and the lack of proper records meant that the source and destination of the horsemeat was untraceable. This deception is serious - the absence of proper records means that it is not possible to identify whether the horsemeat may have entered the human food chain. It also means that if there was a problem with the horsemeat it would not be possible to recall it. Both Boddy and Moss had little regard for the consequences of their actions and have now been held to account for them.”

Details of sentences:

David Moss – received a four month prison sentence, suspended for two years and asked to pay costs of £10,442 payable within six months.

Peter Boddy – was fined to pay £4,000 per count (total £8,000) and asked to pay costs of £10,442 payable within six months.

 

Details of the charges:

David Moss convicted of:

Forgery, contrary to section 1 of the Forgery and Counterfeiting Act 1981

Peter Boddy convicted of:

Failing to comply with food traceability requirements, contrary to Regulation 4 of the General Food Regulations 2004 and Regulation 18(3) of Regulation (EC) 178/2002

Failing to comply with food traceability requirements, contrary to Regulation 4 of the General Food Regulations 2004 and Regulation 18(2) of Regulation (EC) 178/2002

Clarification of Times story: CPS views on police bail

Contrary to a report in today’s Times newspaper, the CPS does not find the proposal to require a senior police officer to review police bail at 28-days unworkable. This was in reference to requiring all investigations to be referred to Magistrates at the 28-day stage, due to the sheer volume of cases police anticipate would need to be considered by the court.

It should also be noted that since our initial response to the government consultation, which was published by the Home Affairs Committee today, there have been significant further discussions with the Ministry of Justice, Home Office and the Attorney General, which means our position has moved on and that document would not be a wholly accurate representation of our current position.

We await the outcome and details of the government’s final position.

Brustholm Ziamani jailed over plot to behead British soldier

At the Old Bailey today, Friday 20 March 2015, Brustholm Ziamani was jailed, having been convicted on 19 February 2015 of one count of preparation of terrorist acts, contrary to section 5(1) Terrorism Act 2006. Brustholm Ziamani was aged 18 at the time of the offence.

The court heard how Brustholm Ziamani had a settled plan to decapitate a member of the armed forces, or a government official, and display the severed head for photography. When arrested, he was found in possession of the equipment required for the planned attack and had conducted research on the locations of army cadet bases in south east London.

Deb Walsh, Deputy Head of Counter Terrorism at the Crown Prosecution Service, said:

“Brustholm Ziamani is a highly dangerous individual and this country is significantly safer as a result of this conviction.

“This case highlights how violent and extreme views on a page can become credible threats to the lives and safety of British citizens.

“This successful conviction is testament to the work of our dedicated counter-terrorism prosecutors who, with police colleagues, are determined to play their part in the fight against terrorism.”

Brustholm Ziamani jailed over plot to behead British soldier

At the Old Bailey today, Friday 20 March 2015, Brustholm Ziamani was jailed, having been convicted on 19 February 2015 of one count of preparation of terrorist acts, contrary to section 5(1) Terrorism Act 2006. Brustholm Ziamani was aged 18 at the time of the offence.

The court heard how Brustholm Ziamani had a settled plan to decapitate a member of the armed forces, or a government official, and display the severed head for photography. When arrested, he was found in possession of the equipment required for the planned attack and had conducted research on the locations of army cadet bases in south east London.

Deb Walsh, Deputy Head of Counter Terrorism at the Crown Prosecution Service, said:

“Brustholm Ziamani is a highly dangerous individual and this country is significantly safer as a result of this conviction.

“This case highlights how violent and extreme views on a page can become credible threats to the lives and safety of British citizens.

“This successful conviction is testament to the work of our dedicated counter-terrorism prosecutors who, with police colleagues, are determined to play their part in the fight against terrorism.”

Clarification: prosecution of serious sexual abuse

Last weekend, an article in The Sunday Times (£) (Tories warn police A-list raids ‘stink of unfairness’, 15 March 2015), suggested that the CPS was "changing its rules over the prosecution of high profile sex abuse suspects" and attempting to "upgrade the quality of legal advice".

The CPS is not “changing the rules” for the prosecution of serious sexual abuse suspects, high profile or otherwise.

From September, advocates selected to prosecute rape and serious sexual offences will undergo an initial probationary period. We are also considering improved training for these advocates.

These steps are simply part of our continuous improvement approach to the quality of our casework and unconnected to the outcomes in the cases referred to. We are satisfied that the prosecutions referred to were properly brought.

Court of Appeal rejects tobacco smugglers’ attempts to write off confiscation orders worth more than £2.7m

On Tuesday 17 March 2015, The Court of Appeal rejected an attempt by Robert Doran and Patrick Gray to write-off confiscation orders made against them for £1,456,325.00 and £1,244,982.44 respectively, finding in favour of the Crown Prosecution Service (CPS).

In March 2013, Robert Doran and Patrick Gray were convicted of conspiracy to fraudulently evade the duty chargeable on the importation of cigarettes following the discovery by HM Revenue and Customs (HMRC) of two containers of cigarettes being smuggled into the UK from Dubai via Hong Kong to the dock at Felixstowe.

In October 2013, the applicants lodged an appeal on the following grounds:

1. The Judge at Ipswich Crown Court was wrong to find that the applicants incurred a liability to pay excise duty and VAT as HMRC took control of the cigarettes’ “controlled delivery” as soon as they entered the country and therefore had lost control;

2. Even if they were liable to pay duty, on the facts, they did not obtain any criminal benefit for the purposes of the asset recovery legislation as the cigarettes were seized by HMRC and not sold;

3. The Confiscation orders made by Ipswich Crown Court were disproportionate and contrary to Human Rights legislation.

The Court of Appeal dismissed all grounds of the appeal on Tuesday 17 March 2015.

Lorraine Lally of the CPS Proceeds of Crime Service said:

“Robert Doran and Patrick Gray are serious criminal fraudsters who cannot be allowed to wriggle out of paying what is owed to the British taxpayer.

“Organised criminals need to understand that there are consequences to their actions and that these are not limited to custody in prison. Tax revenue raised from the legitimate sale of cigarettes is used to fund vital public services and frauds against this system are serious criminal offences.

“This was a hard fought and lengthy appeal which clearly demonstrates our determination to ensure that nothing stands in the way of criminals respecting the orders made against them.”

Background:

Ipswich Crown Court calculated the benefit figure to be £4,368,975 - representing the duty evaded and the unpaid VAT. The court then “apportioned” that figure by dividing it equally between the two defendants and a third man, O’Meara, now deceased.

In August 2013, the CPS gave notice of an application for leave to appeal against the Confiscation Orders made at Ipswich Crown Court on the single ground that the Court had been wrong to apportion benefit. In addition to rejecting the appeal put forward by the defence, the Court of Appeal, on 17 March 2015, quashed the Order made by the Judge at Ipswich Crown Court apportioning benefit between the three defendants. An increased order therefore will be made for the full amount of benefit being £4,368,975 against Robert Doran. Patrick Gray’s order is reduced to £148,107.44 as agreed between the parties and the Court as his available assets have reduced.

The CPS will now pursue the enforcement of the two orders in full, having already identified the assets necessary.

2 jailed in "biggest ever" drugs operation

Two men have been jailed over what is believed to be one of the biggest ever conspiracies to smuggle cannabis into the UK.

Steven McDonald, aged 32, from Chatham in Kent, and John Wright, 66, from Hounslow, were part of a crime group behind the importation of in excess of 28 tonnes of cannabis over a seven year period – enough to provide two joints for every person in Britain.

They were caught after Border Force officers at Harwich port intercepted a consignment of around 300 kilos of herbal cannabis that had been shipped from the Netherlands disguised as flooring tiles on 24 April 2014.

The following day investigators from the National Crime Agency and Metropolitan Police Service, through the joint Organised Crime Partnership team, watched as the load was delivered to an address in Whetstone, north London.

It was signed for by McDonald, who then loaded it into a van and drove it to a row of garages in Wembley, Wright following behind.

As the pair began to open the consignment officers moved in to arrest them. Another 150 kilos of cannabis was found in another garage in the same row.

Searches of McDonald and Wright’s home addresses led to the recovery of drug dealing ledgers and evidence of bank transfers and trips to the Netherlands made by the pair. Wright had travelled there at least 20 times a year since 2008 and even had access to a rented apartment in the Dutch town of Lisse.

NCA and MPS officers began to investigate the companies used by McDonald and Wright as cover for drug smuggling.

Working with Dutch police, investigators uncovered evidence of around a hundred other importations from three different Dutch addresses to the same two companies operated by McDonald and Wright.

One such shipment was apparently stolen at gunpoint by a rival criminal group, leading to both the Dutch and UK ends of the network having to change the names of companies and locations used as fronts for the deals.

The two men admitted conspiring to import class B drugs at a hearing at Luton Crown Court on 16 October 2014. Today (Friday 13 March) a judge at the same court sentenced Wright to nine years and four months in prison and McDonald to eight years. Both will also be banned from travelling outside the UK for ten years after their release.

Detective Inspector Steve Miles, from the joint NCA/MPS Organised Crime Partnership, said:

 “These men were involved in drug smuggling on a truly industrial scale over a number of years. The potential street value of the cannabis imported as part of this conspiracy would have been in excess of £80 million.

“Using their contacts with criminal networks in the Netherlands they were able to set up elaborate fronts to cover their activities.

“But through our close work with the Dutch authorities and Border Force we were able to unpick that, and disrupt and then dismantle a very significant organised crime group responsible for bringing thousands of kilos of illegal drugs into the UK.”

Anthony Hill, a specialist organised crime lawyer at the Crown Prosecution Service, said:

“It is clear from the scale of the operation that has been thwarted that these men believed they could operate with impunity. The brazen assurance with which they carried out their crimes has led to their downfall and they have paid with their freedom. Their conviction and sentencing shows that organised crime such as this will not go unnoticed or unpunished.

“Such a vast quantity of drugs brings untold misery to communities across the country, breeding further crime and anti-social behaviour.”

Charlotte Mann, Border Force Assistant Director at Harwich, said:

“This was a sophisticated, large scale drug smuggling operation and I am delighted that, as a result of the initial Border Force detection at Harwich, our law enforcement colleagues have been able to bring these serious offenders to justice.”

NCA and MPS investigators continue to hunt a third man suspected of being involved in the conspiracy.

The man is believed to have used a fraudulently obtained British passport in the name of Mark Gamble to rent the garages used to unload the cannabis in Wembley and another location in West Hampstead used as a delivery address.

DI Steve Miles said:

“We are today releasing a photo of the man known as Marc Gamble who we wish to speak to in connection with this investigation.

“We know this identity has been used to rent a number of properties in the north London area, and I would urge anyone with information about him, his whereabouts or his true identity to contact the NCA on 0370 4967622.”

The OCP, formerly the Middle Market Drugs Partnership, brings together officers from the National Crime Agency and Metropolitan Police Service to protect the communities of London from the harms inflicted by drug dealing.