CPS News Brief

Melanie Smith jailed for starting fire that killed five

Karen Dixon, District Crown Prosecutor for CPS Wales, said:

“Melanie Smith has today been sentenced for starting a devastating fire that had an immensely distressing outcome. She did so knowing that a family with children lived in the flat upstairs and with no regard for the consequences.

“At no stage has she has chosen to take any responsibility for the five lives tragically lost as a result of her actions. Today’s sentencing has at least ensured that she has had to face up to that responsibility in a criminal court.

“Melanie Smith’s conviction and sentence is a direct result of swift and decisive investigative work from North Wales Police and specialist fire investigators and I would like to thank them for their professionalism. I would also like to thank the very many people who have supported the prosecution of this case, either through providing statements or information to the police, or by giving evidence directly in court.

“Whilst today marks the end of the criminal justice process we are acutely aware that, for the family and friends of those lost, their sense of suffering and loss remains. They continue to have to deal with the consequences of Melanie Smith’s actions and our thoughts are with them.”

Operation Sacha: CPS decides David Johnson will face prosecution

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 statement is made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Sacha, which is the Metropolitan Police Service investigation into allegations of perverting the course of justice relating to Operation Weeting and Operation Elveden.

"This announcement relates to a file of evidence from the Metropolitan Police Service that was received by the CPS on 8 March 2013.

"Following a careful review of the evidence, we have concluded that David Johnson, a security professional who was employed to provide a protection service to Rebekah Brooks, should be charged with an offence of conspiracy to pervert the course of public justice.

"It is alleged that between the 15 and 19 July 2011 Mr Johnson conspired to pervert the course of justice by concealing computers and other items from the Metropolitan Police Service during its investigation into allegations of phone hacking and the corruption of public officials by journalists. It is alleged that he conspired with the six defendants already charged in relation to this aspect of Operation Sacha.

“The decision to prosecute has been taken in accordance with the Code for Crown Prosecutors.

"Accordingly, we have authorised the institution of proceedings and Mr Johnson will appear before Westminster Magistrates' Court on 8 May 2013.

"May I remind all concerned that proceedings for a criminal offence involving Mr Johnson will now be commenced and that he 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."

The full charge is as follows:

David Johnson, on a day between 15 July 2011 and 19 July 2011 conspired together with Rebekah Brooks, Charles Brooks, Mark Hanna, Lee Sandell, Daryl Jorsling and Paul Edwards, and with persons unknown, to do an act or a series of acts, which had a tendency to pervert the course of public justice, namely to conceal computers and other items from officers of the Metropolitan Police Service who were investigating allegations of phone hacking and corruption of public officials in relation to the News of the World and The Sun newspapers.

PCSO convicted of drug dealing and misconduct in public office

Mark Auty, specialist prosecutor in the CPS Special Crime Division, said:

“Oguz Batmaz was the prime mover in a drug dealing enterprise who routinely abused his position as a Police Community Support Officer to assist his criminal activities.

“Batmaz used his access to police computer systems to help his criminal associates, including Wayne Farrell, who had at the time absconded from prison, and Batmaz was fully aware of this, but declined to report it.

“He even provided his accomplices with intelligence held by the Metropolitan Police on the location of possible cannabis factories, so that they could then be targeted for burglary or robbery.

“As a result of video and audio surveillance evidence that clearly showed Batmaz and his accomplices were regularly involved in the supply of drugs, they now face punishment for their corrupt and criminal activity.”

Background:

• Oguz Batmaz pleaded guilty to conspiracy to commit misconduct in public office, conspiracy to steal and conspiracy to supply a controlled drug
• Lee Hession, Ayhun Mustafa and Wayne Farrell pleaded guilty to conspiracy to commit misconduct in public office
• Aaron Eastwood pleaded guilty to conspiracy to steal
• Emma Tooke pleaded guilty to harbouring a person unlawfully at large
• Kadir Ozresberoglu, Felipe de Freitas and Anthony Noble pleaded guilty to conspiracy to supply a controlled drug.

Stuart Hall faces sentencing for 14 indecent assaults

Stuart Hall will be sentenced on 17 June at Preston Crown Court after pleading guilty to 14 indecent assaults. Nazir Afzal, Chief Crown Prosecutor for CPS North West, said:

“We prosecuted Stuart Hall because the evidence of the victims clearly established a pattern of behaviour that was unlawful and for which no innocent explanation could be offered.

“His victims did not know each other and almost two decades separated the first and last assaults but almost all of the victims, including one who was only nine at the time of the assault, provided strikingly similar accounts. Whether in public or private, Hall would first approach under friendly pretences and then bide his time until the victim was isolated. He can only be described as an opportunistic predator.”

Hall admitted the 14 offences at a hearing on 16 April. Reporting restrictions were in place while the CPS considered whether a charge of rape should proceed to trial. Mr Afzal continued:

“We have this week met with the woman who alleged that she had been raped by Stuart Hall, a charge which he has denied. The welfare of complainants is a top priority for us and we always take their concerns into account. In light of the guilty pleas already entered, the complainant no longer wishes to give evidence on the allegation of rape, and we have concluded that it would not be in the public interest to take steps to make her give evidence in court. As such, we will not be proceeding with this charge.

“I would like to thank the victims for having had the bravery to come forward. This case clearly shows that the victims of abuse will not be denied justice by the passage of time and abusers will be held to account.”

William Roache charged with two rapes of a 15 year-old-girl

The Crown Prosecution Service has today authorised Lancashire Police to charge William Roache with two rapes allegedly committed against a 15-year-old girl in 1967.

Nazir Afzal, Chief Crown Prosecutor for CPS North West, said:

“We have carefully considered all the evidence gathered by Lancashire Police in relation to William Roache following allegations of rape. We have been reviewing evidence and providing early investigative advice to Lancashire Police since 1 March 2013.

"Having completed our review, we have concluded that there is sufficient evidence and it is in the public interest for Mr Roache to be charged with two offences of rape relating to a girl, aged 15, in 1967. Mr Roache will appear at Preston Magistrates' Court on 14 May 2013.

“This decision was taken in accordance with the Code for Crown Prosecutors and our guidance for prosecutors on sexual offences.

“Mr Roache has a right to a fair trial and it is therefore 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.”

CPS decision on the death of Flight Lieutenant Sean Cunningham

Alison Storey, Specialist Prosecutor for the CPS Special Crime and Counter Terrorism Division, said:

“After carefully reviewing all of the evidence I have concluded that no manslaughter charges should be brought in relation to the death of Flight Lieutenant Sean Cunningham, a Red Arrows pilot who tragically died after being ejected from his stationary aircraft on 8 November 2011.

“I have provided the police with on-going advice throughout their very thorough investigation into the circumstances surrounding the tragic death of Flt Lt Cunningham.

“I provided the police with advice on the circumstances surrounding the activation of the ejection seat. Following this advice, the police decided not to pursue further criminal investigation into this aspect of the incident.

“The police did conduct a full criminal investigation into the circumstances which lead to the failure of Flt Lt Cunningham’s parachute to open. A full file of evidence in relation to this was submitted by the police and reviewed by me. I considered charges against three individuals, and against the Ministry of Defence and Martin Baker Ltd, in relation to their involvement in either the manufacture or servicing of the relevant equipment.

“The offences I considered were gross negligence manslaughter and corporate manslaughter. Whilst there are some differences between these offences, they both require the prosecution to prove that the individual or organisation owed a duty of care to the deceased, that they breached this duty, that the breach caused the death of the person who died and that the breach was so gross as to amount to a criminal offence. To bring a prosecution there has to be sufficient evidence for a realistic prospect of proving all of these elements to the high criminal standard; beyond reasonable doubt.

“The evidence I considered was extensive and included results of testing of the equipment and expert reports. “I have concluded that there is insufficient evidence to establish that any individual or the Ministry of Defence breached their duty of care to Flt Lt Cunningham in relation to the servicing of the relevant equipment.

“I also concluded that there is insufficient evidence to provide a realistic prospect of conviction of Martin Baker Ltd in relation to the manufacture of the parachute.

“I have therefore concluded, in accordance with Code for Crown Prosecutors, that no charges should be brought in connection with the death of Flt Lt Cunningham. An investigation by the Health and Safety Executive continues.

“I extend my sympathies to the family and friends of Flt Lt Cunningham.”

Woman charged following Dagenham acid attack

Damaris Lakin, CPS London Senior Crown Prosecutor, said:

“I have authorised the Metropolitan Police to charge Mary Konye in relation to the throwing of sulphuric acid onto Naomi Oni on 30 December 2012 in Dagenham.

“I concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to charge Ms Konye with throwing or casting a corrosive fluid with intent to burn, maim, disfigure, disable or do grievous bodily harm.

“She will appear before Barkingside Magistrates Court on 1 May.

"Ms Konye 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 this trial."

Five to be prosecuted over tax relief fraud

Andrew Penhale, deputy head of fraud at the Crown Prosecution Service, said:

“Following an investigation by HM Revenue and Customs, we have authorised charges against five individuals in connection with a tax relief fraud that allegedly cost the public revenue in the region of £125 million.

“It is alleged that, between 1 January 2002 and 11 July 2011, a tax relief that allows investors in the British film industry to offset losses against other tax liabilities was abused and dishonestly marketed in order to cheat the public revenue. The evidence suggests that the value of allowable losses was falsified, that there was a conspiracy to defraud investors and that documents were falsified for accounting purposes.

“Keith Hayley, Robert Bevan, Charles Savill, Cyril Megret and Norman Leighton will each face three charges: conspiracy to cheat the public revenue, conspiracy to defraud and conspiracy to falsify documents. The charges are contrary to section 1(1) of the Criminal Law Act 1977, section 17 of the Theft Act 1968 and Common Law.

“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.

“All five defendants have been summoned to appear before Birmingham Magistrates’ Court on 18 June 2013.

“Hayley, Bevan, Savill, Megret and Leighton 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."

Max Clifford charged with 11 indecent assaults

The Crown Prosecution Service has today authorised police to charge Max Clifford with 11 indecent assaults allegedly committed between 1966 and 1985. Alison Saunders, Chief Crown Prosecutor for CPS London, said:

“We have carefully considered the evidence gathered as part of Operation Yewtree in relation to Max Clifford, who was initially arrested on 6 December 2012 over allegations of sexual offences.

“Having completed our review, we have concluded that there is sufficient evidence and it is in the public interest for Mr Clifford to be charged with 11 offences of indecent assault relating to seven complainants. The charges are:

• One offence of indecent assault relating to a girl, aged 14, in 1966
• One offence of indecent assault relating to a woman, aged 18, in 1974/75
• Three offences of indecent assault relating to a girl, aged 15, in 1977/78
• One offence of indecent assault relating to a woman, aged 19, in 1978
• Two offences of indecent assault relating to a girl, aged 16 or 17, in 1981/82
• One offence of indecent assault relating to a woman, aged 19, in 1980/81
• Two offences of indecent assault relating to a woman, aged 18, in 1984/85

“Mr Clifford will appear at Westminster Magistrates’ Court on 28 May 2013.

“We have also decided that there is insufficient evidence to authorise charges in relation to three separate allegations. These decisions were taken in accordance with the Code for Crown Prosecutors and our guidance for prosecutors on sexual offences.

"May I remind all concerned that Mr Clifford 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.”

Additional information

• To allow journalists to track progress, it may be helpful to know that until this point the CPS has described the file relating to Max Clifford in the following terms: “a man in his 60s from Surrey arrested on 6 December 2012 in relation to possible offences of a sexual nature.”

Terrorists jailed in high-tech and sophisticated prosecution

Richard Dart, Jahangir Alom and Imran Mahmood have today been sentenced at the Old Bailey following a guilty plea on 15 March 2013 to engaging in preparation for acts of terrorism contrary to section 5(1) of the Terrorism Act 2006.

Mark Topping, specialist counter-terrorism lawyer for the Crown Prosecution Service, said:

“When Richard Dart, Jahangir Alom and Imran Mahmood were making plans for two of them, Dart and Alom, to fly to Pakistan, they did not expect those travels to lead them to the dock at the Old Bailey and jail. But this case serves as another reminder that those who take steps to travel abroad for the purposes of preparing for terrorism can and will be prosecuted here in the UK.

“Although the men did not identify any specific targets for an attack, their determination and intent were very clear. The training that Dart and Alom sought, and which Mahmood attempted to assist with, would have taught Dart and Alom the skills and techniques necessary to commit acts of terrorism both aboard and in the United Kingdom. Mahmood had already undertaken training and was already asking Dart for help in locating a book that would allow him to make home-made explosives.

“This was a prosecution that was based on the most high-tech and sophisticated evidence gathering available. We know that Mahmood received terrorist training abroad because police found high explosive residue on his rucksack when he was searched at the airport. But even more impressively, computer experts have been able to retrieve the text that Dart and Mahmood typed out on the laptop in front of them as they sat together and communicated - presumably because they feared that any conversation would be overheard. Thanks to the diligent work of the Metropolitan Police Service, the Crown Prosecution Service was able to attribute this data to the defendants and prove to the court that they were engaging in preparation for acts of terrorism.

“These state of the art techniques not only left the defendants little choice but to plead guilty but also increasingly restrict the ability of terrorists to hide their intentions from the authorities.”

The case of 'F'

The High Court delivered its judgment yesterday in the case of 'F', allowing an application for a judicial review of a decision not to charge a suspect in a rape case.

This is an interesting and important development in the law and we welcome the opportunity to review this case in light of this judgment. As this matter remains before the courts it would not be appropriate to comment further at this stage.

Operation Elveden: Duncan Larcombe, John Hardy, Claire Hardy and Tracy Bell to be charged

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions (DPP), oversees CPS decision making and all potential prosecutions in relation to the ongoing phone hacking investigations and other related matters.

Ms Levitt said:

"This statement is made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Elveden, which is the Metropolitan Police Service investigation into allegations involving the unlawful provision of information by public officials to journalists.

Duncan Larcombe, John Hardy and Claire Hardy

"Following a careful review of the evidence, we have concluded that Duncan Larcombe, John Hardy and Claire Hardy should be charged with a conspiracy to commit misconduct in public office.

“Duncan Larcombe was employed as Chief Royal Correspondent at The Sun, John Hardy served as a Colour Sergeant based at the Royal Military Training Academy in Sandhurst and Claire Hardy is his wife.

"It is alleged that from 10 February 2006 to 15 October 2008, 34 payments were made to either John Hardy or Claire Hardy totalling over £23,000 for stories relating mainly to the Royal Family or matters at Sandhurst.

Tracy Bell

“In addition we have concluded that Tracy Bell should be charged with one count of misconduct in public office. Tracy Bell was employed by the Ministry of Defence as a pharmacy assistant at Sandhurst Medical Centre.

“It is alleged that Tracy Bell received £1250 between 17 October 2005 and 7 July 2006 relating to five articles published in The Sun regarding matters at Sandhurst.

“We have also concluded that there is insufficient evidence to charge the second member of the public with any criminal offence.

“All four defendants will appear at Westminster Magistrates’ Court on 8 May 2013.

"These decisions were considered carefully in accordance with the DPP's guidelines on the public interest in cases affecting the media. These guidelines require prosecutors to consider whether the public interest served by the conduct in question outweighs the overall criminality before bringing criminal proceedings.

"May I remind all concerned that these defendants have 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."

The full charge faced by Tracy Bell is as follows:

Between 17 October 2005 and 7 July 2006, whilst acting as a public official, namely a Pharmacy assistant, Tracy Bell wilfully and without reasonable excuse or justification, misconducted herself to such a degree as to amount to an abuse of the public’s trust in that office, contrary to Common Law.

The full charge faced by Duncan Larcombe, John Hardy and Claire Hardy is as follows:

Duncan Larcombe, John Hardy and Claire Hardy, between 9 February 2006 and 16 October 2008, conspired together to commit misconduct in public office, contrary to section 1(1) Criminal Law Act 1977.

Operation Elveden: CPS decides Fergus Shanahan will face prosecution

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions (DPP), oversees CPS decision making and all potential prosecutions in relation to the ongoing phone hacking investigations and other related matters.

Ms Levitt said:

"This statement is made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Elveden, which is the Metropolitan Police Service investigation into allegations involving the unlawful provision of information by public officials to journalists.

"This announcement relates to a file of evidence from the Metropolitan Police Service that was received by the CPS on 4 March 2013.

"Following a careful review of the evidence, we have concluded that Fergus Shanahan, who served as an Editor at the Sun newspaper, should be charged with an offence of conspiring to commit misconduct in public office.

"It is alleged that in August 2006 and August 2007 Mr Shanahan, in his role as an editor, authorised one of his journalists to make two payments totalling £7,000 to a public official for the disclosure of information.

"Our decision to prosecute was considered carefully in accordance with the DPP's guidelines on the public interest in cases affecting the media. These guidelines require 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 and Mr Shanahan will appear before Westminster Magistrates' Court on 8 May 2013.

"May I remind all concerned that proceedings for a criminal offence involving Mr Shanahan will now be commenced and that he 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."

The full charge is as follows:

Fergus Shanahan, between 7 August 2006 and 14 August 2007, conspired with a public official and a journalist to commit misconduct in a public office.

Four Luton men jailed for preparation of terrorist acts

Zahid Iqbal, Mohammed Sharfaraz Ahmed, Umar Arshad and Syed Farhan Hussain were today sentenced at Woolwich Crown Court having pleaded guilty on 1 March 2013 to one count contrary to section 5 of the Terrorism Act 2006, the preparation of terrorism acts.

Deborah Walsh, deputy head of Counter-Terrorism at the CPS, said:

“Four dangerous and committed terrorists are today starting lengthy prison sentences where they will no longer be a threat to the British public.

“Zahid Iqbal was a terrorist facilitator who arranged for individuals to travel to Pakistan for extremist purposes. Iqbal arranged one such visit for Mohammed Sharfaraz Ahmed in March 2011.

“Ahmed was engaged in the radicalisation and recruitment of others for an extremist cause and recruits included his co-defendants Arshad and Hussain. Ahmed and others undertook physical and mental training which was sometimes carried out in Snowdonia North Wales. This was a favourite destination with Ahmed due to its apparent resemblance to the mountains of Pakistan and he was observed there carrying out regimental hikes, press-ups and runs.

“All four men have shown a deep commitment to engage in violent “Jihad”. In April 2011, Iqbal and Ahmed discussed an attack on the Territorial Army base in Luton using explosives placed on a remote controlled car. Independent forensic evidence has confirmed the device was viable.

“The police and Security Service succeeded in stopping these men before they were able to harm innocent lives. But the case highlights the continued threat posed by UK based terrorists and the complex web of international support that informs and encourages their dangerous and destructive plans. It is also a reminder that terrorist activity committed abroad can and will be prosecuted in UK courts.”

 

ZAHID IQBAL An extended sentence of 16 years 3 months comprising a custodial element of 11 years 3 months and an extended licence period of 5 years. Terrorism Act notification requirement for 30 years

MOHAMMED SHARFARAZ AHMED. An extended sentence of 16 years 3 months comprising a custodial element of 11 years 3 months and an extended licence period of 5 years. Terrorism Act notification requirement for 30 years

UMAR ARSHAD. A sentence of imprisonment of 6 years 9 months. Terrorism Act notification requirement for 15 years

SYED FARHAN HUSSAIN. A sentence of imprisonment of 5 years 3 months. Terrorism Act notification requirement for 15 years

CPS statement on the conviction of Opemipo Jaji

A man has been convicted of raping an 11-year-old girl in a park in Enfield on 23 November.

Opemipo Jaji was convicted of one count of rape at the Central Criminal Court today and will be sentenced at a later date.

Sarah Maclaren, CPS London Head of Rape and Serious Sexual Offences, said:

“This was a vicious and horrific attack on a young victim which lasted almost three hours.

“The victim was on her way home from school with her friend on the bus and a few minutes later Jaji got on the same bus.

“He then followed the victim off the bus and dragged her into the park where she was subjected to a prolonged and terrifying ordeal. The victim tried to get away several times and was pulled back by Jaji who threatened to stab her.

“As a result of this conviction a dangerous sexual offender has now been brought to justice.

“I would like to thank the 11-year-old victim and her family for their enormous strength and courage in supporting this prosecution.

“Victims of sexual crimes should know that their cases will be handled by specialist and dedicated prosecutors and that there are many special measures available to help and support victims and witnesses through the prosecution process.”