CPS News Brief

Andrew Partington sentenced for Oldham gas explosion

Andrew Partington has been sentenced at Manchester Crown Court to 10 years' imprisonment for causing a gas explosion in Oldham that killed two-year-old Jamie Heaton

Ian Rushton, Deputy Chief Crown Prosecutor for CPS North West, said:

“Andrew Partington caused a massive gas explosion in Oldham in June last year when he deliberately cut the gas pipes in his home following an argument with his partner. The resulting explosion tragically killed two-year-old Jamie Heaton, destroyed nearby houses and caused severe damage to many others. In November he pleaded guilty to manslaughter and to eight charges of destroying property.

“Andrew Partington’s reckless actions have left devastating consequences - for Jamie’s family and for those in the Shaw community whose lives were hugely disrupted for months afterwards. When he severed the gas pipes he must have been well aware that he was putting other people’s lives and property in danger.

“We worked hard with the police to build a strong prosecution case, and so overwhelming was the evidence against the defendant that he was left with little other option but to plead guilty at an early stage. In the sentence given today, Andrew Partington now has time to reflect on the immeasurable pain that his actions have caused Jamie’s family and the extensive damage he caused to people’s homes.

“I would like to extend my sincere sympathies to Mr and Mrs Heaton and their family on their terrible loss. I hope that today’s sentencing will provide some measure of justice to them. And I would also like to take this opportunity to pay tribute to the people of Shaw who have shown remarkable resilience and community spirit in the aftermath of the explosion.”

Operation Elveden: CPS statement on Richard Trunkfield

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 4 January 2013.

"We have concluded, following a careful review of the evidence, that Richard Trunkfield, who was a Prison Operational Support Officer at HMP Woodhill, should be charged with an offence of committing misconduct in public office.

"It is alleged that in 2010 Mr Trunkfield provided information to The Sun newspaper in breach of the terms of his employment and was paid £3,350.

“The charge relates to an allegation that Mr Trunkfield provided details to the newspaper about a high profile prisoner.

"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 Trunkfield will appear before Westminster Magistrates' Court on a date to be determined.

"May I remind all concerned that proceedings for a criminal offence involving Mr Trunkfield 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 2 March 2010 and 30 April 2010, Richard Trunkfield, being a public officer (namely a Prison Operational Support Officer) and 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, contrary to common law.

Police dog Peach

Contrary to reports at the weekend and yesterday, the CPS didn’t complain to West Midlands Police about the humorous statement written in the name of PD Peach. The matter was entirely an internal one for the police, which was the comment we gave to those media who asked us at the time.

“Dappy” sentenced to six months’ suspended imprisonment

Dino Contostavlos, also known as “Dappy” from pop group N-Dubz, has been sentenced to suspended imprisonment, a fine and unpaid work after being found guilty of affray and assault by beating at an earlier trial.

Dino Contostavlos, and co-defendants Alfred Miller and Kieran Vassell, were convicted following a trial at Guildford Crown Court. It followed an attack on three young men at a petrol station in the town in February 2012, after Contostavlos spat at two girls on the petrol forecourt. One victim was left with nine broken teeth, while another suffered a fractured nose.

Senior District Crown Prosecutor for the CPS South East Area, Nigel Knight, said:

“This case involved a violent attack on three young men on a night out, who were admirably attempting to protect two girls they had just met. Anyone in the situation these victims found themselves in would have feared for their own safety. Unable to defend themselves, they were left with numerous injuries as a result of a gratuitous attack.”

The defendants were sentenced as follows:

• Alfred Miller – 19 months imprisonment plus total of £4,500 to victims and £1,000 prosecution costs
• Kieran Vassell – 14 months imprisonment plus total of £1,500 to victims and £500 prosecution costs
• Dino Contostavlos – six months imprisonment for count 1 (affray) suspended for 18 months plus 14 days to run concurrently for count 4 (assault by beating), 150 hours of unpaid work, plus total of £4,500 to victims and £2,000 prosecution costs.

DPP lends support to government’s Teenage Relationship Abuse Campaign

Keir Starmer QC, the Director of Public Prosecutions, welcomed the government’s Teenage Relationship Abuse Campaign. He has said:

“We have made good progress in recent years in prosecuting cases involving violence against women and girls, with three in four prosecutions now resulting in a conviction. But we recognise that there is still more to do, not least in relation to tackling domestic and sexual violence in teenage relationships.

“We’re working with investigators to ensure the evidence we consider is as robust as it can possibly be, and are training our prosecutors to handle these complex cases as sensitively as possible. We’re working with others across government to support victims in these cases, and recognise that of key importance is stopping the abuse from happening in the first place. This will only be possible if people stand up and challenge the culture which condones this type of violence and that’s why I welcome the government’s Teenage Relationship Abuse Campaign campaign to help prevent young people from becoming victims of domestic abuse.”

Background information:

The Home Office campaign coincides with “1 Billion Rising” an event that draws together a billion women across the globe in a show of collective strength against violence.

CPS statement on decision to charge Michael Robert Turner

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions has reviewed a file of evidence in relation to allegations of sexual offences. This was a review of a decision previously made not to prosecute.

Ms Levitt said:

"I have very carefully reviewed the evidence in this case and I have concluded that there is sufficient evidence and it is in the public interest to charge Michael Robert Turner with a number of sexual offences.

"I have authorised Greater Manchester Police to charge Mr Turner with nineteen offences, including rape of a child.

"Mr Turner has now been charged with criminal offences and has a right to a fair trial. It is vital that nothing is said, or reported, which could prejudice that trial.

"May I also remind everyone that all complainants of sexual offences have a right to life long anonymity, and any individual who publishes information which could lead to the identification of such a complainant, may be subject to prosecution.

"As proceedings are now active, it would be inappropriate to say anything further at this stage."

CPS statement on dismissal of Ali Dizaei's appeal against conviction

Gaon Hart, Senior Crown Advocate for the CPS Special Crime and Counter Terrorism Division, said:

“We welcome today’s decision and the clarification it provides of the legal position. Mr Dizaei has been convicted by two separate juries for his conduct on that night and we hope that this concludes the matter.

“At the heart of this case was the mistreatment of a member of the public by a very senior police officer and Dizaei’s attempt to abuse his position of trust to cover up his actions. However, no-one is above the law and those who abuse their position and betray the trust the public place in them should expect to be brought to justice”

Man jailed for endangering railway passengers

A man has today pleaded guilty to endangering railway passengers and attempted theft of electrical cable from an overhead line, Basildon Crown Court has heard.

Mark Bradshaw, 44, was charged by British Transport Police following advice from the Crown Prosecution Service (CPS), after an incident in which a man was found dead at the side of the railway in Benfleet, Essex, on June 27, 2012. It appeared the man had been killed while attempting to steal the overhead cable.

District Crown Prosecutor Ian Elkins for CPS East of England said:

“This case has highlighted the dangers of tampering with electrical lines on the railway. It is distressing that a man was killed as a result of trying to steal overhead cable and Bradshaw was lucky to have escaped injury.

“However, because of the serious nature of the offending and the potential danger caused to commuters, we felt it was in the public interest to proceed and we will prosecute these cases rigorously through the courts.

“On reviewing the evidence we advised that Bradshaw should be charged with endangering railway passengers or any other persons who might use or be on that track for any reason, by an unlawful act. This charge reflects the danger caused not only to passengers travelling on the railway but also to Bradshaw and the man who died.

“We also advised that Bradshaw be charged with attempting to steal electrical cable belonging to Network Rail, on the same date.”

Bradshaw admitted both charges against him and was sentenced to 12 months imprisonment.

Mr Elkins said: “We also hope this case serves as a warning that trying to steal cable or other material from the railways is extremely dangerous and carries serious consequences.”

CPS statement in relation to Jackie Powell and letter supposedly written by Ian Brady

John Dilworth, Head of the CPS North West Complex Case Unit, said:

“We have completed our review of the evidence concerning an alleged failure by Jackie Powell to disclose information about the location of Keith Bennett’s remains. This allegation centred on a letter, supposedly written by Ian Brady, which may have led police to where Keith Bennett was buried.

“The only offence that might have been committed by Ms Powell was preventing a lawful and decent burial. It is possible to prosecute a person for preventing a lawful burial through a failure to act, but there must be sufficient evidence to prove that the suspect either prevented the burial or intended to do so when they chose not to act.

“After careful consideration, we have decided that Ms Powell should not be charged, as it cannot be established that she knew the contents of the letter referred to, that the letter in question existed or what information it might have contained. The only evidence of the letter’s existence was in comments given by Ms Powell to an interviewer and she stated only that she believed it may contain information about Keith Bennett.

“Even if it could be proved that this letter existed, there is no evidence to suggest that Ms Powell ever knew the nature of its contents and there is insufficient evidence to prove that she genuinely believed it contained the information in question. As such, it could not be established in court that Ms Powell either prevented Keith Bennett’s burial or intended to do so.

“We understand that this is still a very sensitive matter for the relatives of Keith Bennett. We have written to Keith Bennett’s brother to explain our decision and have offered a meeting to discuss this matter.”

Queen’s Counsel convicted of £600,000 VAT fraud

Rohan Pershad, a highly experienced barrister and Queen’s Counsel, was today convicted at Blackfriars Crown Court of one count of cheating the public revenue, between 1 June 1999 and 24 September 2011.

Keri Ashworth-Beaumont, Specialist Prosecutor from the CPS Central Fraud Division, said:

“Rohan Pershad QC failed to pay VAT for a period of 12 years, despite charging his clients that VAT. As a result, he retained an additional private income of £624,579, which should have been paid to HMRC and the public purse. By convicting him today, the jury has concluded that Pershad was acting dishonestly and his failure to pay was not simply an error or mistake.

“He claimed that his chambers had given the impression that payment of his VAT had been taken care of, but the jury clearly rejected that assertion. Pershad always admitted that he understood the law and the responsibility for meeting his obligations rested on him alone.

“The message is clear; paying tax is not an optional extra, in any area of working life and withholding tax dishonestly may lead to prosecution.”

Background: On 22 January 2013, the Director of Public Prosecutions, Keir Starmer, QC, spoke publicly about the importance of prosecuting tax evasion. He argued that tax evasion should not be seen as a victimless crime as it costs the British economy £14 billion per year in lost revenue, equivalent to £769 for every family in the UK. He also set out how the CPS would be “ramping up” the number of HMRC cases, with the volume of prosecutions increasing five fold over the five years to 2014/15.

Figures already available demonstrate that in 2010-11, the CPS successfully prosecuted around 200 tax and excise evasion cases; one year later, 2011-12, that number had risen to more than 550. This financial year to date, 86% of cases originating with HMRC have resulted in conviction.

Woman convicted of murder for knife attacks in the street

A woman who attacked two people with large knives in broad daylight has been convicted of murder and attempted murder. Nicola Edgington was convicted today at the Central Criminal Court.

Alison Saunders, Chief Crown Prosecutor for CPS London, said:

“These attacks occurred on a busy street in Bexleyheath in full view of passers by, some of whom were children on their way to school. They could only look on in horror.

“In both incidents, the prosecution’s case was that Edgington’s clear intention was to kill. The prosecution case was that in doing these things, Edgington knew and understood what she was doing and knew that it was wrong. On the morning of 10 October 2011 she armed herself with large knives and set upon her victims ferociously. Her first victim, who was waiting for her bus to work, survived only because she was able to fight off her attacker. Her second victim was not so fortunate and tragically had no chance to defend herself.

“Violent and vicious crimes cause pain and heartbreak to victims and their families. CPS London is committed to working with its partners to protect our city’s residents against such attacks.”

Operation Elveden: CPS statement on Alan Tierney

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions, 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 14 January 2013.

"We have concluded, following a careful review of the evidence, that Alan Tierney, a former police constable with Surrey Police, should be charged with two offences of committing misconduct in public office.

"It is alleged that in 2009 Mr Tierney provided information to The Sun newspaper on two occasions in breach of the terms of his employment with Surrey Police and was paid £1750.

“The first charge relates to an allegation that Mr Tierney provided details to the newspaper about a shoplifting incident in which he was the arresting officer.

“The second charge relates to an occasion on which Mr Tierney took a statement from a witness to a domestic violence incident. It is alleged that Mr Tierney passed the witness’ name, address and details of the incident to the newspaper.

“Both of these incidents were linked to high-profile people.

"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 Tierney will appear before Westminster Magistrates' Court on a date to be determined.

“The file of evidence we received on 14 January also related a member of the public. We have concluded that there is insufficient evidence to provide a realistic prospect of conviction and therefore this individual will not face further action. Due to ongoing proceedings it would be inappropriate to say any more at this stage, however at their conclusion we will consider if more can be made public in relation to this decision.

"May I remind all concerned that proceedings for a criminal offence involving Mr Tierney 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 charges are as follows:

Alan Tierney, between 26 March and 3 April 2009, whilst acting as a public officer, namely a constable of Surrey Police, wilfully and without reasonable excuse or justification misconducted himself

Contrary to common law

Alan Tierney, between 2 and 7 December 2009, whilst acting as a public officer, namely a constable of Surrey Police, wilfully and without reasonable excuse or justification misconducted himself

Contrary to common law

Paul Meehan charging statement

The Crown Prosecution Service in London has authorised the Metropolitan Police to charge Paul Meehan with wasteful employment of police time, contrary to Section 5(2) of the Criminal Law Act 1967.

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

“Following a thorough review of the evidence in accordance with the Code for Crown Prosecutors, I have today authorised the Metropolitan Police to charge Paul Meehan with a charge of wasting police time. This charge relates to information given to police by Mr Meehan during the August 2012 investigation into the disappearance and death of Tia Sharp. We have decided that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to proceed.

“He 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."

Meehan will appear before Croydon Magistrates’ Court on 28 February, 2013.

‘Industrial’ money launderers sentenced

Three family members have today been sentenced at the Old Bailey for money laundering offences.

Annie Conway, specialist prosecutor for the CPS Organised Crime Division, said:

“Ussama El Kurd was laundering criminals’ money on a truly industrial scale. He made a considerable living ‘cleaning’ dirty money and helping organised criminals go undetected.

“With the help of his wife and son, El Kurd ran what appeared to be an inconspicuous money exchange shop on Kensington Church Street in Central London. But the shop was a magnet for criminals who changed up to £150 million into Euros before spiriting it away.

“Legitimate businesses are expected to keep proper records but the El Kurds showed a blatant disregard for these regulations, as well as lying to their banks, HM Revenue & Customs and the Serious Organised Crime Agency.

“Today’s sentencing stops not just these three criminals, but all those who relied on the El Kurds to enjoy a criminal lifestyle.”

Background:

On 15 November 2012, Randa El-Kurd and Hussam El Kurd pleaded guilty at Southwark Crown Court. Hussam pleaded to one count contrary to section 330 of the Proceeds of Crime Act 2002. Randa pleaded to one count of Breach of Money Laundering Regulations 2007. They were each sentenced to 10 months’ imprisonment and disqualified from being company directors.

On 2 October 2012, Ussama El Kurd pleaded to a conspiracy to launder contrary to section 327 of the Proceeds of Crime Act 2002. He was sentenced to nine years’ imprisonment, disqualified from being a company director, given a Serious Crime Prevention Order and a Financial Reporting Order.

Ussama El Kurd was the Company Secretary of Kensington Money Exchange. The prosecution’s case was that he was the driving force behind the business.

Two men convicted of murdering of 17-year-old

Statement from Catrin Evans, Head of Complex Casework Unit, Crown Prosecution Service, Wales:

“Aamir’s life was cruelly taken from him in a brutal knife attack committed by Jason Richards and Ben Hope. At the same time, they inflicted very serious injury on Aamir’s parents, as they tried to protect their son.

“The prosecution team has worked very hard on what has been a lengthy and very complex case, founded on an exemplary investigation by South Wales Police. The City of Cardiff has extensive CCTV coverage and there is no doubt that CCTV evidence, together with telephony and forensic evidence, has been a major factor in the successful prosecution of this case.

“I would like to thank everyone who has supported the prosecution case. Each statement and every piece of testimony has played its part in the conviction of these two dangerous and violent criminals.

“Whilst Aamir’s assailants have been brought to justice, we are acutely aware that nothing can make up for the loss felt by those close to him. Aamir’s family have shown remarkable dignity and fortitude throughout a lengthy criminal justice process and our thoughts remain with them.”