CPS News Brief

Patrick Rock charged

On the authority of the CPS, the National Crime Agency has today charged Patrick Rock, 63, a former Whitehall adviser, with three offences of making indecent images of children and one offence of possession of 59 indecent images of children. He has been bailed to appear at Westminster Magistrates’ Court on Thursday 3 July 2014.

The charges are:

Three counts of making an indecent photograph of a child contrary to section 1(a) of the Protection of Children Act 1978, between 31 July 2013 and 31 August 2013

One count of possession of indecent photographs of children contrary to Section 160 Criminal Justice Act 1988, between 31 July 2013 and 31 August 2013

It is alleged that the images meet the definition of Level C, as assessed by NCA CEOP officers and CPS lawyers.

Judith Reed, a senior lawyer with the CPS Organised Crime Division, said:

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

"May I remind all concerned that Mr Rock has a 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."

CPS statement on hacking trial

Greg McGill, a senior lawyer for the Crown Prosecution Service said:

“This case was not about whether phone hacking took place or whether public officials were paid for information; there are a significant number of recent convictions which show that both did happen.

“This has been a lengthy and complex trial which was required to explore a culture of invading privacy. Despite a number of applications by the defence to have the case thrown out the Judge agreed that the evidence was sufficient for consideration by the jury.

“The jury has found that Andy Coulson, former editor of a national newspaper, conspired with others to hack phones. Others who have admitted their role in this illegal practice - Greg Miskiw, Neville Thurlbeck, James Weatherup, Glenn Mulcaire and Dan Evans – all now face sentencing for phone hacking.

“We respect the verdicts and will inform the court on Monday of our decision on whether to retry the outstanding counts.

“As closely linked criminal proceedings are underway, I have nothing further to add at this time.”

Susan and Christopher Edwards convicted of murder

A Nottinghamshire couple have been convicted of murder following the discovery of their parents’ bodies under a patio in October last year.

Susan and Christopher Edwards were convicted following a two-week trial at Nottingham Crown Court for the murder of William and Patricia Wycherley, Susan Edwards’s parents.

In May 1998, the defendants visited the Wycherleys at their home in Mansfield, shot them and buried them in the garden in the early hours of the morning. Both were shot with a gun similar to one owned by Christopher Edwards.

In the 15 years that followed, Mr and Mrs Edwards continued to withdraw funds, including benefits, pensions and the proceeds of the sale of their house, from a joint bank account in Mrs Edwards and Mrs Wycherley’s names.

Dona Parry-Jones, a Senior Crown Prosecutor at CPS East Midlands, said:

“This was a cold, calculated murder, motivated by greed. The two defendants travelled to Mansfield, murdered the elderly couple and took their life savings to relieve their own financial troubles.

“Having killed their parents, and buried them in their own back garden the defendants concocted lies about the couple’s deaths to neighbours and relatives to enable them to continue spending their pensions, replying to cards and letters on their behalf and even selling their house. All in all they stole nearly £250,000.

“The tragedy of this case is that Mr and Mrs Wycherley were murdered by those closest to them, dying un-mourned and denied any dignity in death.”

The Wycherleys’ deaths were uncovered when Christopher Edwards disclosed to a family member that they were dead on the phone from France, where they had fled and run out of money. They were brought back to the UK and charged with murder.

Susan Edwards offered a partial defence of manslaughter on the eve of the trial, on the basis that she had witnessed her mother shooting her father and had shot her after an argument and asked her husband to bury the bodies a week later. However, scientific evidence showed that this story could not have been true and the couple were convicted of murder.

Paul Gadd charged with eight offences

Baljit Ubhey, Chief Crown Prosecutor for CPS London, said: "We have carefully considered the evidence gathered by the Metropolitan Police Service in relation to Paul Gadd, also known as Gary Glitter. He was arrested on 28 October 2012 over allegations of sexual offences and the police have been providing material to the CPS since July 2013, with the most recent material submitted in March 2014.

"Having completed our review, we have concluded, in accordance with the Code for Crown Prosecutors, that there is sufficient evidence and it is in the public interest for Mr Gadd to be charged with eight offences under the Sexual Offences Act 1956. These relate to two female complainants aged between 12 and 14 at the time of the alleged offending between 1977 and 1980.

"Mr Gadd will appear at Westminster Magistrates' Court on 19 June 2014.

"We have also decided that no further action should be taken in relation to five allegations made by two further complainants as we determined there was insufficient evidence for a realistic prospect of conviction.

"May I remind all concerned that Mr Gadd has a 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.”

Charges

The charges relating to the first complainant, who was aged 12 or 13 at the time of the alleged offending, are:

• Two counts of indecent assault between 31 January and 31 May 1977
• One count of administering a drug or other thing in order to facilitate sexual intercourse between 31 January and 31 May 1977
• One count of sexual intercourse with a girl under the age of 13 between 31 January and 31 May 1977
• Two counts of indecent assault between 31 May and 31 December 1977

The charges relating to the second complainant, who was aged 13 or 14 at the time of the alleged offending, are:

• Two counts of indecent assault between 1 October 1979 and 31 December 1980

Man faces charge of misconduct in public office

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said:

"The CPS has authorised the Metropolitan Police to summons Paul Randall for an offence of misconduct in public office.

“We have also decided, in relation to separate allegations, there is insufficient evidence to charge another individual with conspiracy to commit misconduct in public office. 

“Paul Randall will appear before Westminster Magistrates’ Court on 25 June 2014.

“On 22 April 2014 the CPS determined that there was insufficient evidence to charge a third individual with misconduct in public office.

"May I remind all concerned that criminal proceedings against Paul Randall will now be commenced and of his 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."

Details of the full charge:

On 25 October 2006, Paul Randall, a public officer acting as such, without reasonable excuse or justification, wilfully misconducted himself to such a degree as to amount to an abuse of the public’s trust in that office.

Man charged over deaths of workers at Hampshire fruit farm

Piers Arnold, specialist lawyer for the CPS Special Crime Division, said:

“I have carefully reviewed all the evidence gathered during the joint investigation by Hampshire Police and the Health and Safety Executive into the tragic deaths of Scott Cain, 23, and Ashley Clarke, 24, who died working on a farm in Hampshire on 18 February 2013. 

“The two men, who worked for Blackmoor Estate Limited, died while retrieving apples from a long-term storage container in which fruit is kept at very low oxygen levels.

“I have concluded there is sufficient evidence to charge Andrew Stocker, former manager of the fruit packing and storage operation at Blackmoor Estate Limited, with two counts of gross negligence manslaughter.

“I have also concluded there is sufficient evidence to charge the company, Blackmoor Estate Limited, with an offence under section 2 of the Health and Safety at Work Act 1974.

"These decisions were taken in accordance with the Code for Crown Prosecutors.

"I extend my sympathies to the families of Mr Cain and Mr Clarke.

“Andrew Stocker and Blackmoor Estate Limited will appear before Aldershot Magistrates' Court on 26 June 2014.

"May I remind all concerned that criminal proceedings against Andrew Stocker and Blackmoor Estate Limited will now be commenced. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."

Woman posed as spiritual healer to con vulnerable victims out of thousands

Juliette D’Souza, 59, (D.O.B 11/09/54) was convicted today of 20 counts of obtaining property by deception and three counts of fraud. She will be sentenced on Friday 30 May at Blackfriars Crown Court.

Baljit Ubhey, CPS London Chief Crown Prosecutor, said:

“D’Souza is a convincing and manipulative liar who preyed on the vulnerability of her victims and completely betrayed their trust.

“She took advantage of their personal circumstances by persuading them that they needed to pay a financial sacrifice to protect themselves, their families and friends from problems including redundancy and serious illness. To increase her credibility, D’Souza told some of her victims she was a barrister.

“She told her victims that the money she took would be used as a spiritual offering but instead used it to fund her lavish lifestyle, purchasing designer handbags, jewellery and antique furniture, renting high value property, and taking luxurious holidays.

“D’Souza had a devastating effect on her vulnerable victims, who put complete faith in her claims that she could improve their lives, and today she has been brought to justice for her crimes.”

Background

Juliette D’Souza was convicted of 20 counts of Obtaining Property by Deception contrary to the Theft Act 1968. She was also convicted of three counts of Fraud.

These convictions relate to 10 victims and the offences occurred between January 1998 and June 2010.

D’Souza took more than £900,000 from her victims during this period.

Juliette D’Souza presented herself as a faith healer or shaman. She told her victims that she also had connections with other shaman figures in Suriname, South America who could help with healing.

Operation Yewtree: Christopher Denning to be charged with 41 offences

Baljit Ubhey, Chief Crown Prosecutor for CPS London, said:

"We have carefully considered the evidence gathered by the Metropolitan Police Service as part of Operation Yewtree in relation to Christopher Denning, who was initially arrested on 3 June 2013 over allegations of sexual offences. A full file of evidence was passed to the CPS on 6 March 2014.

"Having completed our review, we have concluded that there is sufficient evidence and it is in the public interest for Mr Denning to be charged with 41 offences, including 34 counts of indecent assault. These date from between 1967 and 1985, and relate to 22 male complainants aged between nine and 16 at the time of the alleged offending."

The charges are:

1. Two offences of indecent assault on a boy aged 12 – 14 between 1967 – 1970
2. One offence of indecency with a child and one offence of indecent assault on a boy aged 9 – 11 between 1969 – 71
3. One offence of indecent assault on a boy aged 14 – 16 between 1971 – 73
4. Two offences of indecent assault on a boy aged 14 – 15 in 1973
5. One offence of indecent assault on a boy and one offence of buggery on a boy aged 13 – 14 between 1973 – 75
6. One offence of indecency with a child and two offences of indecent assault on a boy aged 12 – 14 between 1976 – 77
7. One offence of indecent assault on a boy aged 14 between 1978 – 79
8. One offence of indecent assault on a boy aged 14 between 1978 – 79
9. One offence of buggery and two offences of indecent assault on a boy aged 14 – 15 between 1978 – 79
10. One offence of indecent assault on a boy aged 12 between 1978 – 79
11. Two offences of indecent assault on a boy aged 13 – 15 between 1978 – 80
12. Two offences of indecent assault on a boy aged 12 between 1979 – 80
13. One offence of indecency with child on a boy aged 12 – 14 between 1981 – 82
14. Two offences of indecent assault and one offence of attempted buggery on a boy aged 10 – 13 between 1980 – 83
15. Two offences of indecent assault on a boy aged 10 – 13 between 1980 – 83
16. One offence of indecent assault on a boy aged 12 between 1982 – 83
17. Two offences of indecent assault on a boy aged 13 – 14 between 1982 – 83
18. One offence of indecent assault on a boy aged 14 in 1983
19. One offence of indecent assault and one offence of indecency with a child on a boy aged 11 – 12 in 1982
20. Three offences of indecent assault on a boy aged 12 – 14 between 1983 – 84
21. Two offences of indecent assault on a boy aged 12 – 13 between 1983 – 84
22. Two offences of indecent assault on a boy aged 16 between 1984 – 85

Ms Ubhey said:

"The decision to prosecute has been taken in accordance with the Code for Crown Prosecutors and Crown Prosecution Service legal guidance on rape and child sexual abuse. We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest.

"Mr Denning will appear at Westminster Magistrates' Court on Friday 23 May 2014. "We have also decided that no further action should be taken in relation to three further allegations against Mr Denning, made by three further complainants, as we determined that there was insufficient evidence for a realistic prospect of conviction.

"May I remind all concerned that Mr Denning has a 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.”

Freddie Starr – Charging decisions

The Crown Prosecution Service has decided that Freddie Starr should not be prosecuted for any offence.

Baljit Ubhey, the Chief Crown Prosecutor of CPS London, said:

“Having carefully reviewed this case, we have decided that there is insufficient evidence to prosecute Freddie Starr in relation to allegations of sexual offences made by 13 individuals. Each allegation was considered on its own merits and we have concluded that the available evidence does not offer a realistic prospect of conviction for any of the alleged offences.

“In relation to one further complainant, we have decided that although there is sufficient evidence for a realistic prospect of conviction, according to the Code for Crown Prosecutors, a prosecution would not be in the public interest. It must be remembered that a determination by a prosecutor that there is sufficient evidence to prosecute under the Code does not mean that the suspect is guilty of the offence. Prosecutors have to consider whether there is enough evidence to bring a case to trial but deciding whether an offence has been committed is entirely a matter for courts and juries and every suspect is innocent until proven guilty.

“All of these decisions have been taken in accordance with the Code for Crown Prosecutors and our guidance for prosecutors on cases of sexual offences. The complainants have been informed and we will be writing to them to more fully explain our decision.”

The CPS received initial material from the Metropolitan Police Service regarding these allegations in December 2012. Investigative advice was provided to the police throughout 2013 and the final evidence was submitted to the CPS in March 2014.

DPP statement following Max Clifford sentencing

Director of Public Prosecutions, Alison Saunders, said: “The prosecution in this case has proved Max Clifford’s guilt beyond reasonable doubt and the jury in this case decided that they were sure Max Clifford was guilty on eight of the eleven counts brought to court. He has rightly been held to account and sentenced today for his crimes.

“The prosecution was built with evidence demonstrating a pattern of behaviour where unconnected victims told of strikingly similar experiences over a number of years. I would like to thank all the victims for coming forward and giving evidence in difficult circumstances.

“Research is clear that sexual offences are severely under-reported and I want to provide reassurance to any victim that the CPS will continue to make decisions based on the evidence and in accordance with the Code for Crown Prosecutors. We will work with the police and victims to build strong cases which we can put before the court no matter when the alleged offending took place or was reported. I hope this provides other victims with the courage and confidence to come forward and report abuse that may have happened to them, no matter who is alleged to have carried out the abuse or when.

“The CPS regularly gains convictions in non-recent sexual abuse cases up and down the country which go unreported yet this case, alongside a few others, have attracted much more attention. For the CPS there is no difference - we apply the same tests in every case no matter who the defendant is. That is the criminal justice system working effectively.

“The independence of the CPS means that our decision making is at all times fair, impartial and without prejudice and we will pursue such prosecutions resolutely and robustly no matter who the suspect is.”

CPS charging decision - Death of Ann Maguire

Peter Mann, Head of the CPS Yorkshire and Humberside Complex Casework Unit, said:

“The Crown Prosecution Service has been working closely with West Yorkshire Police in connection with the death of Ann Maguire at Corpus Christi Catholic College, Leeds, on Monday 28 April.

“A 15-year-old male was arrested in connection with this incident and has been interviewed under caution by police.

“Having carefully considered all of the evidence presented to us by West Yorkshire Police, we have concluded that there is sufficient evidence to charge this youth with the murder of Ann Maguire and that it is in the public interest to do so. The defendant will first appear at Leeds Youth Court on Thursday 1 May and at Leeds Crown Court for a bail hearing on Friday 2 May.

“The family of Mrs Maguire have been informed of this decision and they will be offered a meeting to explain the trial process and answer any questions they may have.

“The death of Mrs Maguire has attracted a very considerable amount of public interest and media activity. This defendant now stands charged with an extremely serious 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."

Letter to The Daily Telegraph

Dear Sir,

Max Pemberton is wrong to think the Crown Prosecution has a general policy not to prosecute doctors who pre-sign forms approving an abortion without assessing the health of the woman concerned (‘Another chance to rewrite the law on abortion’, 28 April 2014). Any decision to prosecute or not is taken on the individual facts and merits of a specific case, according to the Code for Crown Prosecutors.

Mr Pemberton also misunderstands the Code’s public interest test which is not a gauge of whether there is any interest in potential proceedings. Rather, it is an impartial assessment of the public interest test as set out in the Code.

We will continue to look at any cases referred to us by police and consider them on an individual basis.

Yours faithfully,

Jenny Hopkins
Deputy Chief Crown Prosecutor
Crown Prosecution Service London

CPS statement - Max Clifford

Jenny Hopkins, Deputy Chief Crown Prosecutor for CPS London, said:

“Today’s verdicts provide a long-denied justice to the victims of serious sexual offences. I would like to thank these victims for having had the courage to come forward and give evidence. The victims of sexual abuse, whenever it may have taken place, should know that police and prosecutors will listen.

“It is only right that we now take some time to consider our position on the hung count and we will update the court accordingly.”

‘Globetrotting’ woman jailed for large scale benefit fraud

Tracy Johnson has today been jailed for one year having been convicted of 13 counts of benefit fraud at Merthyr Tydfil Crown Court.

Ms Johnson was found to have travelled the globe and set up companies in South America, all while claiming to suffer from severe health problems, including agoraphobia, post-traumatic stress disorder and depression. She was found to be in fraudulent receipt of Disability Living Allowance, Income Support, Housing and Council Tax Benefit and Child Tax Credits totalling £48,000 between 2005 and 2007, despite having made multiple trips to India, South America and New York during that time.

Andrew Penhale, Deputy Head of Fraud at the Crown Prosecution Service, said:

“Tracy Johnson plotted a blatant fraud against the public purse. She used taxpayers’ money to fund a lavish, globetrotting lifestyle, all the while exploiting a system designed to support society’s most vulnerable citizens.

“This is one of the worst examples of benefit fraud that we have seen. Ms Johnson claimed more than £1000 per month in benefit payments over five years, when in truth she was spending the majority of her time either travelling or working abroad.

“Not only did Ms Johnson travel the globe while claiming she was ‘a prisoner in her own home,’ but she also ran her own tour guide company in South America and earned money working as a wedding photographer. In 2011 she even authored a book entitled ‘Last Tango in Buenos Aires’, detailing her experiences as an English woman living in Argentina.

“Making a false claim to suffer from anxiety, depression and agoraphobia undermines those who do genuinely suffer from these debilitating conditions.”

CPS authorises charge against two individuals for conspiracy to commit misconduct in public office

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said: "The CPS has today authorised the Metropolitan Police to charge Robert Norman and summons Stephen Moyes to be charged with conspiracy to commit misconduct in public office.

"Both individuals will appear before Westminster Magistrates' Court on 8 May 2014.

"The CPS has decided there is insufficient evidence to prosecute one other individual and they have been informed they face no further action.

"May I remind all concerned that criminal proceedings against Robert Norman and Stephen Moyes will now be commenced and that both have a 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."

The full charges are:

Stephen MOYES and Robert NORMAN, between 30 April 2006 and 1 May 2011, conspired together and with others unknown to commit misconduct in public office, contrary to s.1(1) of the Criminal Law Act 1977.