Successes of the Month - August 2012
Contents
- Rachel Beckett, Louisa Taylor and Emilia Ballardini work together with an intermediary to help a very young victim give evidence
- Mark Holmes secures a conviction in a case of 'nighthawking' - a damaging 'heritage crime'
Rachel Beckett (Crown Advocate), Louisa Taylor (Senior Crown Prosecutor) and Emilia Ballardini (Paralegal Officer), CPS South East
Rachel, Louisa and Emilia work together with an intermediary to help a very young victim give evidence
Rachel, Louisa and Emilia successfully prosecuted a case based largely on the evidence of a four year old girl, who had been sexually abused by a nursery worker.
Louisa, who works in CPS South East's Rape and Serious Sexual Offences Unit, took the decision to use an intermediary to work with the girl. The idea came from one of her previous cases, where the judge had said he could see a time when every young child witness would have the benefit of an intermediary.
Intermediaries are used to help a witness communicate when they may have difficulty understanding the question or giving evidence coherently.
In a highly unusual case, the intermediary worked closely with the victim, with her original evidence videoed and used in court. The girl then went on to give further evidence over a live link via the intermediary, and was also cross examined.
As Rachel had previously met the victim and had built up a relationship with her, CPS South East worked hard to ensure that, when Rachels previous trial over-ran, she was still able to prosecute in this case.
District Crown Prosecutor Mark Bishop said: "There can be few cases that have been successfully prosecuted largely on the evidence of such a young child. The idea to use an intermediary was an excellent one and the team deserve praise for the innovative approach they took to this case."
Mark Holmes, Senior Crown Prosecutor, CPS East Midlands
Mark secures a conviction in a case of 'nighthawking' - a damaging 'heritage crime'
Mark successfully prosecuted the first case in the East Midlands under the banner of the Alliance to Reduce Crimes against Heritage (ARCH). This was a case of 'nighthawking', a heritage crime involving illegal metal detecting at night and theft of historical artefacts. This had been a particular problem in this part of Lincolnshire, with landowners complaining of damage to land and crops caused by people digging holes, usually at night. More seriously, the digging was near ancient sites and valuable historical artefacts were disappearing that should, by law, be registered with the British Museum, so that finds of significant interest can be exhibited publicly.
The case was put together thanks to excellent partnership working between Mark and his colleagues at Lincolnshire Police and English Heritage, and also finds experts at the British Museum.
At Skegness Magistrates Court on 21 August, Kevin Lomas was found guilty of going equipped to steal and theft of eight of the items found at his home - four coins, two brooches, a mount and an enamel bead, valued at a total of £500. He was given a conditional discharge preventing him from entering Lincolnshire, the stolen artefacts were forfeited, his metal detecting equipment was confiscated and he was ordered to pay £400 in court costs.
Since this case began, the local police team report that the incidence of these crimes in the area has decreased dramatically.
Mark said: "This prosecution has sent a very clear message to the nighthawking 'community' that this is not a harmless activity, but a criminal offence which robs the country of items of historical interest. Just as it is against the law to break into someone's house and steal valuables, so it is illegal to damage land and steal valuable historical artefacts. We want people to realise the seriousness of what they are doing, and the consequences awaiting them when they are caught. These thefts not only rob the country of the artefacts themselves, but we lose valuable knowledge that helps us understand our past and identify potential sites of archaeological interest."
Mark Harrison, National Policing and Crime Advisor for English Heritage's Heritage Crime Programme said: "Illicit metal detecting has been prosecuted before, but this is the first time we have taken such a co-ordinated approach, involving an expert lawyer, dedicated police investigators, finds experts and archaeologists. It sets a valuable template for future cases elsewhere in the country."
