CPS News Brief

Five sentenced for pioneering production of BMK

Five men have today been sentenced at Warrington Crown Court for setting up a laboratory used to produce a synthetic substance called BMK. This is the first time that this method of BMK manufacture has been detected in the UK or continental Europe. BMK is not a controlled drug but is used to make amphetamine.

Elizabeth Jenkins, senior lawyer for the CPS Organised Crime Division, said:

“These defendants were not run-of-the-mill drug dealers, this was pioneering work.

“The group’s leader, Jonathan Buckley, oversaw a sophisticated operation which involved flying two Chinese chemists into the UK to work on the production of BMK in Warrington. A significant sum of money had been invested in the enterprise.

“The intention was clear: to produce for themselves vast quantities of a substance called BMK, a central ingredient for dangerous and illegal amphetamines. They hoped that by bringing the production in-house and producing a synthetic substance which is not in itself illegal, they would escape detection and the eye of the law.

“This case sends a strong message to those who seek to make money from the misery of drugs with ever more sophisticated methods.”

Background:

Jonathan Buckley, Paul Preston, Jichang Zhang, Yougan Hu and Richard Pheby all admitted production of a Class B controlled drug (amphetamine) on January 22 2013. Pheby also admitted cannabis cultivation. They pleaded guilty on 22 January 2013.

Today Buckley was given a seven-year jail sentence, Preston was given a five-year jail sentence, while Zhang and Hu were given three-year jail terms. Pheby was sentenced to five years, with a further four months consecutive for cannabis cultivation.

Substances were sourced from abroad in order to make the BMK. The defendants rented a unit under a false name in Newton le Willows, near Warrington, where the laboratory was set up.

Operation Elveden: CPS charging decision

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 received from the Metropolitan Police Service. The investigation in this case was overseen by the Independent Police Complaints Commission. A charging file in respect of this matter was received by the CPS on 1 March 2013.

"We have concluded, following a careful review of the evidence, that James Bowes, who is a former Police Sergeant with the Neighbourhood Policing team of Sussex Police, should be charged with an offence of misconduct in public office.

"It is alleged that in 2010 Mr Bowes provided information to The Sun newspaper in breach of the terms of his employment and was paid £500.

“The charge relates to allegations that Mr Bowes provided details to the newspaper about three high profile investigations being conducted by Sussex Police at the time.

"All of these matters 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.

"Accordingly, we have authorised the institution of proceedings and Mr Bowes will appear before Westminster Magistrates' Court on 26 March 2013.

"May I remind all concerned that proceedings for a criminal offence involving Mr Bowes 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: Between 9 April and 20 July 2010, James Bowes, being a public officer, namely a police constable with Sussex Police, and acting as a 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.

Gross negligence manslaughter charge over death of six-year-old trapped in electric gate

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

“I have carefully considered all the available evidence in this tragic case, in which six-year-old Semelia Campbell died on 28 June 2010 after becoming caught in and crushed by an electric gate in the housing development where she lived.

“I have now concluded there is sufficient evidence and it is in the public interest to charge Kriston Kearns, director of the company that automated the gate, with gross negligence manslaughter.

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

“Kriston Kearns will appear at Manchester City Magistrates’ Court on 12 March 2013.

“I once again extend my deepest sympathies to the family of Semelia Campbell.”

Seven men charged with sexual offences involving a 14-year-old girl

Kris Venkatasami, Head of the Special Casework Unit and Special Operations Unit at CPS London, said:

"I have authorised the Metropolitan Police Service to charge seven men with a range of offences under the Sexual Offences Act 2003 which occurred between May and November 2012.

"All seven are charged with conspiracy to engage in sexual activity with a child.

• Desmond Agyei is also charged with four counts of rape, one count of attempted rape and trafficking a person within the UK for sexual exploitation.
• Edward Kofi Edunya and Perry Murray have also been charged with one count each of rape.
• David Sarpong has also been charged with two counts of rape and one court of attempted rape.
• Ade Atitebi has also been charged with trafficking a person within the UK for sexual exploitation and one count of voyeurism.
• Austin Odisi has also been charged with eight counts of rape and Justin Maynard has also been charged with five counts of rape.

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

"The seven defendants will appear before Thames Magistrates' Court this morning (8/3/13).

"They now stand charged with criminal offences and have the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial."

No further action has been taken against an eighth man arrested.

CPS statement on Vicky Pryce and Chris Huhne

Malcolm McHaffie, Deputy Head of Special Crime at the Crown Prosecution Service, said:

“Perverting the course of justice is a serious matter and the system relies on people being truthful to police. It is important that everyone should act within the law – whoever they are.

“Chris Huhne made sustained challenges against the prosecution before pleading guilty at the last minute. This was expensive for the CPS and we will be applying for costs.

“I would like to thank my prosecution team for the professional way that they have dealt with this case throughout.”

Two men convicted of abuse against young girls in Keighley, Yorks

Michael Quinn, Senior District Crown Prosecutor, CPS Yorkshire and Humberside said:

"Shazad Rehman and Bilal Hussain have today been convicted of an appalling catalogue of abuse against young girls.

“Rehman and Hussain are sexual predators who targeted their victims because of their youth and vulnerability. They systematically and ruthlessly groomed their child victims, plying them with strong alcohol and drugs, and exploited the trust placed in them as adults in the cruellest possible way.

“These offences were then further compounded by the defendants’ attempts to intimidate one of the prosecution witnesses. This clearly demonstrates the utter contempt these men have for the rule of law.

"All the victims have shown immense courage in coming forward, and helping us to build a strong prosecution case. I would like to pay tribute to their bravery today.

“The jury has now found the defendants guilty of all the charges. Thankfully they will be now be behind bars where they can no longer pose a threat to young children. I hope that this outcome will help the victims to continue to rebuild their lives. The result today sends out the clearest possible message that this type of case will be prosecuted with vigour and robustness.”

Corporate manslaughter charge over man who died from crush injuries at work

Colin Gibbs, senior lawyer in Special Crime for the CPS, said:

“I have carefully reviewed all the evidence gathered by Hampshire Police and the Health and Safety Executive during their investigation into the tragic death of Malcolm Hinton on 6 March 2012 at Riddings Farm, near Basingstoke.

“Mr Hinton died from crush injuries after working on a repair underneath a road-sweeping truck at Mobile Sweepers (Reading) Limited. He had inadvertently removed a hydraulic hose which caused the back of the truck to fall on him.

“I have concluded there is sufficient evidence to charge Mobile Sweepers (Reading) Limited with corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007. I have also decided there is sufficient evidence to charge the company’s sole director Mervyn Owens with gross negligence manslaughter.

“In addition I have authorised charges against both Mobile Sweepers (Reading) Limited and Mr Owens with an offence under Section 2 of the Health and Safety at Work Act 1974 and also with an offence under Regulation 5(1) of the Provision and Use of Work Equipment Regulations.

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

“The first hearing will take place at Basingstoke Magistrates’ Court on 21 March 2013.

“I extend my sincere sympathies to the family of Mr Hinton.”

Two members of West Midlands CPS staff charged with conspiracy to commit fraud - updated statement

Malcolm McHaffie, Deputy Head of Special Crime for the CPS, said:

“Following a complaint by the Crown Prosecution Service and a subsequent investigation by West Midlands Police into two members of CPS staff, I have carefully considered available evidence in relation to Lisa Joanne Burrows, a finance manager, and Tahir Mahmood an administrative assistant. Both are employed by CPS West Midlands.

“I have now concluded that it is appropriate to charge both Burrows and Mahmood with conspiracy to commit fraud.

“The charges relate to an allegation that Burrows and Mahmood (otherwise known as Joseph Thomas A’Neil), on or before 27 February 2013, conspired together to commit fraud by false representation by submitting to the Crown Prosecution Service false claims for witness care taxi services to the value of at least £1,000,000 when no such services had been supplied. This is contrary to s1 of the Criminal Law Act 1977.

“This decision was taken under the Threshold Test of the Code for Crown Prosecutors. Both individuals have now been charged by West Midlands Police.

“These defendants now stand charged with criminal offences and have the right to a fair trial. It is extremely important that nothing should be reported which could prejudice their trial.”

 

The full charge is:

Joint charge

On or before 27 February 2013, within the jurisdiction of the Central Criminal Court, Lisa Joanne Burrows and Tahir Mahmood (otherwise known as Joseph Thomas A’Neil) conspired together to commit fraud by false representation by submitting to the Crown Prosecution Service false claims for witness care taxi services to the value of at least £1,000,000 when no such services had been supplied.

Contrary to s1 Criminal Law Act 1977

Notes to editors

Lisa Burrows, from Birmingham, date of birth 27.7.71

Tahir Mahmood, also known as Joseph Thomas A’Neil, from Birmingham, date of birth 23.11.1962

The Code for Crown Prosecutors says that in order to charge under the Threshold Test, prosecutors must determine whether the following conditions are met:

a) there is insufficient evidence currently available to apply the evidential stage of the Full Code Test; and

b) there are reasonable grounds for believing that further evidence will become available within a reasonable period; and

c) the seriousness or the circumstances of the case justifies the making of an immediate charging decision; and

d) there are continuing substantial grounds to object to bail in accordance with the Bail Act 1976 and in all the circumstances of the case it is proper to do so.

The Code for Crown Prosecutors is available at http://www.cps.gov.uk/publications/code_for_crown_prosecutors/

Clive Sharp sentenced to life for murder of Catherine Gowing

Clive Sharp has today been sentenced at Mold Crown Court for the murder of Catherine Gowing. He was sentenced to life imprisonment with a minimum term of 37 years.

Emmalyne Downing, Crown Advocate for the Crown Prosecution Service, Wales, said:

“Today’s sentencing recognises Clive Sharp’s responsibility for a most appalling, violent attack.

“Whilst Catherine’s family and friends will not have to endure a full Crown Court trial in order to obtain justice for Catherine, we are acutely aware that today’s sentencing cannot undo the unimaginable harm and distress caused by Clive Sharp.

“I would like to place on record our thanks to all those who have supported the prosecution of this case, especially those who have given statements to the police or had been willing to give evidence in court.

“Only Clive Sharp can truly know what motivated him to commit such a distressing and brutal act. What is beyond doubt is that the effects of his actions will continue to be felt by Catherine’s family and friends for years to come. Our thoughts are with them.”

DPP statement on use of external advocates

Some media have today published reports based on an email sent by a member of CPS staff suggesting how cases should be allocated to external counsel or managed internally.

Responding to reports, the Director of Public Prosecutions, Keir Starmer QC, said:

“The e-mail in question should not have been sent and categorically does not reflect the CPS policy on allocating cases to advocates. The circulation of the e-mail was small (about 43 recipients in an organisation of over 6,000 staff), it only covered advocates dealing with cases in North London Crown Courts and its existence was short-lived (it was dated 15th January 2013 and was withdrawn on 19th February 2013). I have had assurances from all Chief Crown Prosecutors across England and Wales that no such or similar scheme has been operated elsewhere in the CPS. I am disappointed that the e-mail was sent and I have assured the Attorney General, the Bar Council and the Criminal Bar Association that I will ascertain how it came to be sent and revert to them on the matter.”

Assisted suicide

Some concern has been expressed in the media today about the effect of the CPS's policy for prosecutors in respect of cases of encouraging or assisting suicide.

Assisting or encouraging suicide remains a criminal offence. The CPS guidelines do not, and could not, replace the law.

While no prosecutions have been brought since the guidelines were issued, each case is considered on its own facts and merits and any inference that the CPS has implemented a blanket policy of not prosecuting for this offence is wrong.

Op Weeting: CPS decides journalist should not be charged

Statement from Alison Levitt QC, Principal Legal Advisor to the Director of Public Prosecutions (DPP):

“This statement is made in the interests of transparency and accountability to inform the public of the decisions reached in respect of allegations arising from Operation Weeting.

“During June and July 2012, the Crown Prosecution Service received files of evidence from the Metropolitan Police Service, relating to 13 suspects. The CPS concluded in July 2012 that eight suspects should face charges, and that there was insufficient evidence for a realistic prospect of conviction against three suspects.

“The police asked the CPS to defer making a decision in relation to two of the 13 suspects so that they could make further enquiries. The original file of evidence concerning these two journalists was received from the police on 11 June 2012 and related to allegations of offences contrary to the Regulation of Investigatory Powers Act 2000.

“The file in relation to one of those two journalists was resubmitted on 11 January 2013. Having carefully considered the matter, the CPS has concluded that there is insufficient evidence for a realistic prospect of conviction in relation to that journalist. The other journalist remains under investigation.

“As eight people are awaiting trial in relation to this matter, it would not be appropriate to give reasons for this decision at this stage. At the conclusion of any related proceedings we will consider what more can be made public in relation to this decision.”

Background information:

The eight suspects charged in July 2012 were Rebekah Brooks, Andrew Coulson, Stuart Kuttner, Glenn Mulcaire, Greg Miskiw, Ian Edmondson, Neville Thurlbeck and James Weatherup.

Four sentenced in elaborate High Street retailer fraud

Four people have today been sentenced at Manchester Crown Court for their part in an elaborate fraud which saw them posing as real employees of national retailers in order to acquire a vast range of high value goods from other companies. In all, around 40 companies were approached and the gang attempted to obtain £20m worth of goods. They did obtain over £2.7m worth of goods acquired on ‘thirty day credit agreements’ which were never honoured. The goods included 55,000 bottles of high-end champagne and whisky, vacuum cleaners, coffee machines, televisions, laptops and games consoles.

Simon Rowlinson, specialist fraud lawyer for the Crown Prosecution Service, said:

“This was an audacious and extravagant scam carried out by family members and friends. Posing as real employees from McDonald’s and Greggs Plc, these fraudsters convinced suppliers that they were dealing with genuine and reputable businesses, and so secured a huge range of high value items on thirty day credit agreements. Of course, when the thirty days had passed, the suppliers were met with silence having parted with their products.

“With email addresses and a range of ‘0845’ numbers that closely mirrored genuine business contact details, these fraudsters well and truly conned their way to goods worth in the region of £3m. Purchase orders were placed for items required for fictitious events including laptops for internet café style restaurants and over 55,000 bottles of whisky and champagne worth over half a million pounds for various corporate events, including the supposed 35th anniversary of McDonald’s.

“The fraudsters’ method for moving the goods around was a complex one, but we were able to pull together a strong case from evidence gathered by investigators from Greater Manchester Police, including evidence from fingerprinting, voice analysis and handwriting experts, which linked the defendants to the many purchase orders and invoices.

“The CPS understands the damaging impact that fraud has on the legitimate businesses affected, especially at time of economic uncertainly. In this case, one small technology company was forced into bankruptcy by the fraud and 22 people lost their jobs. This is a clear example of how fraud is far from a victimless crime.

“Our specialist lawyers will continue to work hard to bring fraudsters to justice and ensure we deprive fraudsters of their illegal profits wherever possible.”

Young offenders sentenced for prison disturbance

Five young offenders have been sentenced for their part in a disturbance at HMP Warren Hill Young Offender Institution in Hollesley Bay, near Woodbridge, Suffolk.

Chief Crown Prosecutor for CPS East of England, Grace Ononiwu, said:

“Four of the defendants took part in an action that was designed to overthrow lawful authority in a young offenders’ institution, while a fifth admitted violent disorder. The prosecution had built a strong case using CCTV evidence and eye witness accounts, and the guilty pleas on the part of all the defendants reflect that.

“Staff working in young offender institutions, and the young people that are detained there, need to be confident they are in a secure and safe environment and the sentences today reflect the importance of maintaining law and order in such places.”

James Walsh, Korie Hassan, Hussein Abukar and Daniel Davis admitted prison mutiny on November 2, 2010. Today at Ipswich Crown Court, Walsh was sentenced to two years’ imprisonment; Hassan was sentenced to 16 months’ imprisonment and Abukar was sentenced to 16 months’ imprisonment. Davis, who also admitted violent disorder, was sentenced to 16 months’ imprisonment. Ricardo Bartholomew-Clarke was sentenced to eight months’ imprisonment for violent disorder.

The court was told that a disturbance in one unit had been begun by a small number of prisoners, but it spread and some prisoners took control of the communal area and staircases. A second unit was overrun but the incident was eventually contained early the next morning.

Background

No prisoners escaped during the disturbance.

Three convicted of plotting ‘catastrophic’ terror attack

Ashik Ali, Ifran Khalid and Ifran Naseer were today convicted at Woolwich Crown Court of a total of 12 counts of committing acts in preparation for a terrorist attack.

Karen Jones, specialist counter-terrorism prosecutor for the Crown Prosecution Service, said:

“These men had dangerous aspirations and whilst the precise targets remained unclear, the potential for damage and loss of life from their plot should not be underestimated.

“The evidence we put to the court showed the defendants discussing with awe and admiration the attacks of 9/11 and 7/7. These terrorists wanted to do something bigger, speaking of how 7/7 had ‘gone a bit wrong’.

“Having travelled to Pakistan for expert training and preparation, Naseer and Khalid returned to the UK where they discussed attacks involving up to eight rucksacks. Had they not been stopped, the consequences would have been catastrophic.

“We pieced together over 25,000 pages of served evidence with video and audio. It was like a complex jigsaw puzzle leading to a strong and compelling case. Today has shown that even when some preparation for acts of terrorism takes place abroad, perpetrators can and will face justice in British courts.

“The success of this case is largely down to the close working between police, the Security Service (MI5) and the CPS.”