CPS News Brief

Op Yewtree: CPS advises no further action against two suspects

A CPS spokesperson said:

"The CPS has carefully considered the evidence gathered as part of Operation Yewtree in relation to a man aged 59 arrested in West London on 2 January 2013 and a man aged 53 arrested in Hampshire on 2 January 2013 in relation to possible offences of a sexual nature. The CPS received a full file of evidence in relation to both men on 2 August 2013.

“This file of evidence included ten separate allegations. One complaint related to an allegation of an incident involving both men, and the other nine related to the 59-year-old alone. All the complaints have been reviewed in accordance with the Code for Crown Prosecutors and the CPS legal guidance on rape and sexual offences. We have determined that there is insufficient evidence for a realistic prospect of conviction in relation to all complaints and have advised the Metropolitan Police Service that no further action should be taken.

“All those involved have been informed of the decisions, and, as is normal, should any of the complainants request a meeting to discuss these decisions we would be happy to meet with them.”

Operation Elveden: Former Daily Mirror journalist and eight others to be charged

Gregor McGill, a senior lawyer with the Crown Prosecution Service, whose team handles CPS decision making and potential prosecutions in relation to the ongoing phone hacking investigations and other related matters, said:

This announcement relates to five files of evidence from the Metropolitan Police Service.

Greig Box Turnbull, Grant Pizzey, Desra Reilly, Marc Alexander and one other

It is alleged that Grant Pizzey, a prison officer at HMP Belmarsh and his partner Desra Reilly provided information to Greig Box Turnbull, a former journalist at the Daily Mirror, in exchange for payment.

It is alleged that between 1 December 2005 and 31 January 2012, Grant Pizzey and Desra Reilly received almost £20,000 in exchange for over 40 pieces of information about incidents that took place within the prison, a number of which related to high profile prisoners.

It is also alleged that between 1 February 2006 and 31 December 2009 Marc Alexander, formerly a prison officer at HMP Holloway, received £2,700 for information sold to Greig Box Turnbull also relating to events within the prison in which he worked.

Following careful review of the evidence we have concluded that Greig Box Turnbull should face two charges of conspiracy to commit misconduct in public office, one reflecting a conspiracy with Grant Pizzey and Desra Reilly, who should be charged as co-conspirators, and the second reflecting a conspiracy with Marc Alexander, who should also be charged as a co-conspirator.

This file of evidence also included allegations against one other member of the public and it was determined there was insufficient evidence for a realistic prospect of conviction and that no further action should be taken in relation to the allegations against this individual. Due to ongoing proceedings it would be inappropriate to say any more about this decision at this stage.

Graham Dudman and John Troup

It is alleged that between 5 September 2002 and 27 September 2002 Graham Dudman, who held a number of editorial roles at The Sun newspaper, requested the authorisation of payments of £3,000 to one or more police officers in exchange for information relating to ongoing police investigations.

It is also alleged that between 23 June 2002 and 6 December 2007, Graham Dudman, who later became Managing Editor, authorised payments to public officials. This information related to the health of a Broadmoor patient, details of an incident at a hospital and details of an incident relating to army combat.

It is further alleged that Graham Dudman approved a payment requested by John Troup, a former journalist at The Sun newspaper, for information relating to the death of a prison inmate.

Following careful consideration of the evidence we have concluded that Graham Dudman should be charged with three counts of conspiracy to commit misconduct in public office, one reflecting conspiracy with John Troup, who should also be charged as a co-conspirator.

Vince Soodin

It is alleged that between 18 June 2010 and 20 July 2010 Vince Soodin, a journalist with The Sun newspaper, provided payment to a police officer in exchange for information including contact details for witnesses in police investigations. It is alleged that a payment of £500 was made in exchange for this information.

Having carefully reviewed the evidence we have concluded that Vince Soodin should be charged with conspiring with a police officer to commit misconduct in public office.

Darren Jennings

It is alleged that Darren Jennings, a police officer with Wiltshire Police provided information to The Sun newspaper in relation to a police officer who was facing criminal proceedings. It is alleged that on or around 6 September 2010 he sought payment of £10,000 in exchange for personal background information about the police officer and other individuals who were in police custody at the time.

Following careful review of the evidence we have concluded that Darren Jennings should be charged with misconduct in public office.

Alan Ostler

It is alleged that between 1 June 2008 and 10 July 2008 Alan Ostler, formerly an assistant technical instructor at Broadmoor Hospital, provided information to journalists at The Sun and the Daily Mirror.

It is alleged that Alan Ostler received payment of £900 from the Daily Mirror in exchange for information relating to patients and incidents inside Broadmoor Hospital.

Following careful review of the evidence we have concluded that Alan Ostler should be charged with misconduct in public office.

All of these matters were considered carefully in accordance with the Code for Crown Prosecutors and the DPP's guidelines on the public interest in cases affecting the media. These guidelines ask prosecutors to consider whether the public interest served by the conduct in question outweighs the overall criminality before bringing criminal proceedings.

Accordingly, we have authorised the institution of proceedings against nine individuals and all nine will appear before Westminster Magistrates' Court on 5 September 2013.

May I remind all concerned that proceedings for criminal offences involving these nine individuals will now be commenced and that each has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice that trial. For these reasons it would be inappropriate for me to comment further.

Two men charged with £1 million gift aid tax relief fraud

Jaswant Narwal, deputy head of fraud at the Crown Prosecution Service, said:

"Following an investigation by HM Revenue and Customs, we have authorised charges against two individuals in connection with an alleged tax relief fraud that, potentially, could have cost the public revenue in the region of £1m.

"It is alleged that, between 29 March 2004 and 16 February 2007, Edward Watkin Gittins, a Fellow of the Institute of Chartered Accountants and an Isle of Man resident, and Martin Calcutt, a member of the Institute of Chartered Accountants, cheated the public revenue by abusing tax relief that allows individuals making gifts to charity to offset the market value of the gifts against their tax liabilities. It is alleged that Mr Watkin Gittins designed the scheme while he and Calcutt both implemented it.

“It is also alleged that forged documents were supplied in order to induce HMRC to grant their claim for tax relief. "Edward Watkin Gittins and Martin Calcutt each face a charge of Cheat contrary to Common Law. Mr Calcutt faces an additional charge of forgery, contrary to section 1 of the Forgery and Counterfeiting Act 1981.

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

"Both individuals have been summoned to appear before City of London Magistrates' Court on 20 August 2013.

"Edward Watkin Gittins and Martin Calcutt are now the subject of criminal proceedings and have the right to a fair trial. It is extremely important that nothing should be reported which could in any way prejudice these proceedings."

Seven charged following investigation into 2010 collapse of Crown Currency Exchange Ltd

Five men and two women have today (August 15) been charged following an investigation into the collapse of currency exchange company, Crown Currency Exchange, and two associated companies.

Sue Patten, Head of Fraud at the Crown Prosecution Service, said:

"Following a thorough investigation by Devon & Cornwall Police, we have today authorised seven people to be charged in connection with two companies operating in the field of foreign currency exchange - Crown Currency Exchange Ltd and Crown Holdings Ltd and a third associated ‘cash for gold’ company - Mayfair and Grant Ltd.

“It is alleged that Peter Benstead and Edward James, joint Directors of Crown Currency Exchange Ltd and Crown Holdings, between December 1 2006 and October 31 2010, knowingly carried on business for a fraudulent purpose and falsified accounts. The secretary to the companies, Stephen Matthews, and senior manager at the companies, Roderick Schmidt, are charged with the same offences.

“Peter Benstead is also charged with theft. It is alleged that he removed over a £1m from the companies of which he was a co-Director during the relevant period. Additionally, he faces two counts of perverting the course of justice, one of which is with his daughters Katey Benstead and Victoria O’Brien, in relation to the alleged burning of documents connected to the companies.

“Further, Peter Benstead is also charged with one count of converting criminal property in relation to the purchase of a property. Peter Benstead’s son Julian Benstead is charged with one count of fraudulent trading and one count of theft of gold, both in relation to ‘cash for gold’ company Mayfair and Grant Ltd, of which Peter Benstead was a joint Director. Peter Benstead along with his daughter Katey are also charged with one count of obtaining a money transfer by deception concerning a fraudulent mortgage application.

“Peter Benstead, Edward James, Stephen Matthews & Roderick Schmidt will also face two counts each of failing to keep adequate accounting records with regards to Crown Currency Exchange Ltd and Crown Holdings Ltd.

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

“All seven defendants will appear before magistrates on a date to be determined. Criminal proceedings are now underway and the defendants have a right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial."

Father found guilty of stealing from son’s cancer funds

Kevin Wright was convicted at Nottingham Crown Court today (15 August) of stealing money from funds he set up to finance overseas cancer treatment for his son and three other children.

Wright gathered nearly £1,000,000 in donations across four different funds between May 2005 and December 2008. However, the court heard that more than £800,000 of this money was syphoned off by Wright and spent on various personal investments including a restaurant, a pub, a car dealership, and several family holidays. None of this £800,000 was used for the purpose for which members of the public had entrusted it to him. Fundraising was carried out through the sale of lottery tickets, collection boxes in commercial premises, and through websites.

Andrew West, a specialist fraud lawyer for the Crown Prosecution Service, said:

“Kevin Wright abused his high position of trust in the most cynical and dishonest way possible. Whatever the original motive for setting up the Bobby Wright Cancer Fighting Fund, over time Kevin Wright became adept at manipulating people’s natural sympathies to defraud the public out of vast sums of money.

“Kevin Wright shamelessly used donations to the charitable funds to finance his own business interests and personal lifestyle, believing he had carte blanche to spend the publicly donated money as he liked, and seeing no wrong in deceiving those who were moved to help. Not only were his actions dishonest, they were also often to the detriment of the children and families he claimed to be helping.”

Kevin Wright was found guilty of 10 counts of theft and two of fraud. He will be sentenced at Nottingham Crown Court on 5 September.

Operation Yewtree: David Patrick Griffin charged with 12 offences

The Crown Prosecution Service has today authorised police to charge David Patrick Griffin – also known as Dave Lee Travis - with 11 counts of indecent assault, contrary to section 14 of the Sexual Offences Act 1956 and one count of sexual assault contrary to section 3 of the Sexual Offences Act 2003.

Alison Saunders, 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 David Patrick Griffin, who was initially arrested on 15 November 2012 over allegations of sexual offences. A file of evidence was passed to the CPS on 31 July 2013.

"Having completed our review, we have concluded that there is sufficient evidence and it is in the public interest for Mr Griffin to be charged with 11 counts of indecent assault and one of sexual assault. These date from 1977 to 2007 and relate to nine complainants aged between 15 and 29 at the time of the alleged offending.

The charges are:

• One offence of indecent assault relating to a woman, aged 18, in 1977.

• Two offences of indecent assault relating to a girl, aged 15, in 1977.

• One offence of indecent assault relating to a woman, aged 19, in 1978.

• One offence of indecent assault relating to a woman, aged between 26 and 28, on a date between 1981 and 1983.

• One offence of indecent assault relating to a woman, aged 18, in 1983.

• One offence of indecent assault relating to a woman, aged between 19 and 20, on a date in 1985.

• One offence of indecent assault relating to a woman, aged 22, in 1990.

• Three offences of indecent assault relating to a woman, aged between 26 and 29, from 2000 to 2003.

• One offence of sexual assault relating to a woman, aged 23, in 2007.

"The decision to prosecute has been taken in accordance with the Code for Crown Prosecutors and the DPP's interim guidelines on prosecuting cases of 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 Griffin will appear at Westminster Magistrates' Court on 23 August 2013.

"We have also decided that no further action should be taken in relation to seven separate allegations against Mr Griffin as we determined that there was insufficient evidence for a realistic prospect of conviction.

"May I remind all concerned that Mr Griffin has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice that trial. For these reasons, it would be inappropriate for me to comment further."

Cambridgeshire UKIP candidate Hugh Mennie to be charged over false statements in nomination papers

Simon Ringrose, Specialist Prosecutor in the CPS Special Crime Division, said:

“Following an investigation by Cambridgeshire Police, we have decided that Hugh Mennie, who ran as a UKIP candidate in a local Council election in May 2013, should be charged with making false statements in a nomination form.

“It is alleged that Hugh Mennie falsified details on a nomination paper in order to stand for election to Cambridgeshire County Council. The nomination paper requires a proposer, a seconder and eight other signatures from “assenters” - people who live in the election catchment area. It is alleged that three of these assenter nomination signatures were forged.

“Having carefully considered all available evidence, I have concluded that there is sufficient evidence and that it is in the public interest to charge Hugh Mennie with one count of causing or permitting a false statement to appear in a nomination paper. This decision was taken in accordance with the Code for Crown Prosecutors.

“Hugh Mennie has been summonsed to face criminal charges and will appear before Cambridge Magistrates’ Court on 5 September.

“Criminal proceedings are now underway and Hugh Mennie has a right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial.”

Man convicted of laundering proceeds of radiologist wife’s £1.2m private hospital fraud

A 64-year-old man has been found guilty of money laundering in relation to a fraud of more than £1.2m perpetrated by his wife against her employers.

Andrew Baker was convicted of two counts of money laundering offences today (August 9) after a five day trial at Southwark Crown Court. Baker’s wife, Anne, pleaded guilty to false accounting, admitting that she submitted £1.2m worth of false invoices to her employers, the Princess Grace Hospital in London, where she worked as a radiologist between November 1998 and January 2012.

Employed under her maiden name of Fitzpatrick, Anne Baker raised one false invoice per month over a period of 14 years, authorising payments to ‘Dr. Baker’, a fictional radiology consultant. The payments went directly into Anne Baker’s bank account.

Jaswant Narwal, Deputy Head of Fraud at the CPS, said:

“Over a period of 14 years, Andrew Baker and his wife Anne established a well-oiled system of defrauding money from a private hospital, and spending the proceeds financing their extravagant lifestyles.

“Anne Baker was bringing home more than four times her monthly salary in fraudulent income, and her husband was fully aware of the money’s source, positioning himself as the key beneficiary of the proceeds of the fraud.

“Their investments included renovation of a large Devon property which they then rented out as a wedding venue for significant profit, as well as a holiday villa in Turkey, and three luxury cars - two Jaguars and an Aston Martin.

“Today’s conviction demonstrates the commitment of the CPS to tackling all forms of economic crime. It’s not just those that design and carry out the fraud that will find themselves in court but also those who assist fraudsters by hiding money or who knowingly fund their lifestyle with the proceeds of crime."

Statement from CPS on case of Neil Wilson

A CPS spokesperson said:

“The word predatory in this context should not have been used and is of real concern to the CPS. It is not consistent with the work that we have undertaken alongside the judiciary and others in the past year to improve attitudes towards victims of abuse. We expect all of our prosecutors, including self-employed barristers who act on our behalf, to follow our guidance in these very difficult cases. The DPP will be undertaking a review of this case to determine what happened and to decide what action needs to be taken. We are now considering the involvement of this barrister in sexual offence prosecutions and have advised his chambers that we will not instruct him in any on-going or future cases involving sexual offences in the meantime.”

Gross negligence manslaughter charge over bull attack

Alison Norton, Specialist Prosecutor handling Special Crime in the Crown Prosecution Service, said:

“I have carefully examined the evidence gathered by Nottinghamshire Police and the Health and Safety Executive during their investigations into the death of Roger Freeman.

“Roger Freeman was tragically killed on 12 November 2010 after being attacked by a bull whilst walking on a public right of way through Underhill Farm at Stanford-on-Soar in Leicestershire.

“I have concluded there is sufficient evidence and it is in the public interest to charge Paul Waterfall, who was responsible for Underhill Farm and its livestock at the time of the incident, with gross negligence manslaughter. This decision was taken in accordance with the Code for Crown Prosecutors.

“I would like to extend my deepest sympathies to the family of Roger Freeman.

“Paul Waterfall has been bailed to appear at Nottingham Magistrates’ Court on 21 August. Criminal proceedings are now underway and Mr Waterfall has a right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial.”

Couple found guilty of murdering four-year-old Daniel Pelka

A mother and her partner have today been found guilty of the murder of her four-year-old son, Daniel Pelka, who died on 3 March 2012 in Coventry.

Magdelena Luczak, aged 27, and Mariusz Krezolek, 33, were convicted after a trial at Birmingham Crown Court.

Lisa Windridge, Senior Crown Prosecutor from West Midlands Crown Prosecution Service’s Public Protection Unit, said:

“This has been an extremely harrowing case in which a young and defenceless child was starved and beaten to death by those who were supposed to have protected and cared for him.

“Daniel Pelka was a healthy four-year-old boy when he started at his school in September 2011, but by the time he died seven months later, he was a gaunt frightened little boy who had gone through immense suffering which was inflicted on him by his own mother and her partner.

“Not only did Magdelena Luczak fail to protect Daniel from Mariusz Krezolek, but she also played an active role in her son’s death. She knew exactly what Krezolek was doing to her son, but rather than seek help from her family or the authorities, she joined in with the abuse.

“Daniel would be locked in a box room with no bed and no toys, a room which he would also have to use as his toilet. Food was denied to him which resulted in him stealing food from other children in his class or scavenging food from the school dustbins. The abuse culminated when he suffered a blow to his head which ultimately led to his death, however, rather than seek medical assistance immediately, his mother and her partner waited 24 hours before they called the emergency services.

“Today, justice has finally been achieved for Daniel and I would like to take this opportunity of thanking all of the witnesses who have given their evidence in this tragic case.”

Three convicted of attacking retired Indian General in London

Mandeep Sandhu, Dilbag Singh and Harjit Kaur were today convicted at Southwark Crown Court for grievous bodily harm on retired Indian Army officer, Lieutenant General Kuldeep Singh Brar, aged 78. The attack took place whilst he was on holiday in London with his wife on 30 September 2012. Barjinder Sangha previously pleaded guilty to wounding with intent.

Mari Reid of the Crown Prosecution Service’s Counter Terrorism Division, said:

“This was a violent and life threatening attack carried out by Sikh extremists on the streets of London’s West End. Lieutenant General Brar sustained deep cuts to his face and neck in full view of his wife near their hotel on Old Quebec Street.

“Lieutenant General Brar was targeted in a highly planned and pre-meditated attack. Harjit Kaur was instrumental in carrying out reconnaissance of the area and followed the Brars around London. The couple was set upon in what was a swift, effective and terrifying ambush; Sandhu and Singh held Lieutenant General Brar down as Sangha slashed at his neck with a knife.

“The group clearly targeted Lieutenant General Brar in revenge for his actions during his military career and today’s convictions are another reminder that the UK will not tolerate extremism of any kind.”

Operation Elveden: Decision to take no further action in relation to three members of newspaper staff

Gregor McGill, a senior lawyer with the Crown Prosecution Service, whose team handles CPS decision making and potential prosecutions in relation to the ongoing phone hacking investigations and other related matters, said:

“On 5 April 2013, the CPS received a file as part of Operation Elveden, which is the Metropolitan Police's investigation into allegations involving the unlawful provision of information by public officials to journalists.

“The file concerned allegations of conspiracy to commit misconduct in public office against four members of newspaper staff.

“After carefully reviewing all the evidence provided it was determined that no further action should be taken in relation to three of the individuals. The fourth suspect remains on police bail.

“These were considered carefully in accordance with the Code for Crown Prosecutors and the DPP's guidelines on the public interest in cases affecting the media. This guidance asks prosecutors to consider whether the public interest served by the conduct in question outweighs the overall criminality before bringing criminal proceedings.

“In relation to one of the individuals, the decision not to prosecute was taken on the basis that there was insufficient evidence for a realistic prospect of conviction. In relation to the other two, it was concluded that there was sufficient evidence for a realistic prospect of conviction, however, in accordance with the Code for Crown Prosecutors, it was determined that it would not be in the public interest to prosecute them.

“Due to ongoing proceedings in Operation Elveden it would be inappropriate to say any more at this stage.”

 

CPS statement on Court of Appeal assisted suicide judgment

Keir Starmer, QC, Director of Public Prosecutions, said:

“While I respect the carefully considered judgment of the Court of Appeal, I think it would be sensible for the CPS, if possible, to have the benefit of the views of the Supreme Court before any amendments are made to the DPP’s Guidelines in this important and sensitive area of the law.”

An application has been made by the CPS to the Court of Appeal for permission to appeal to the Supreme Court.

Denis MacShane to face false accounting charge in relation to parliamentary expenses claims

Malcolm McHaffie, Deputy Head of the CPS Special Crime Division, today announced that proceedings have been instituted against Denis MacShane, former Member of Parliament for Rotherham, and he is required to appear at Westminster Magistrates' Court on a date yet to be determined to face a single charge in relation to claims he made for parliamentary expenses.

Mr McHaffie said:

“Having thoroughly reviewed the evidence gathered by the police, I have decided there is sufficient evidence and it is in the public interest to bring a criminal charge against Denis MacShane. This charge relates to fraudulent claims with a total value of £12,900.

“The charge is of false accounting, contrary to the Theft Act 1968. It is alleged that Denis Macshane claimed expenses for research and translation services carried out by a company that did not carry out that work."

Mr McHaffie added:

“Denis MacShane now stands charged with a criminal offence and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice his trial.”