Successes of the Month - January 2013
Contents
- Kelly MacDonald and Paul Scothern prosecute a foreign national for a murder committed overseas
- Alex Wolfson's vigilance secures a further conviction for letter-forger
- Kathryn Jones' dedication secures convictions for huge drugs gang
Kelly Macdonald, Paralegal Officer, and Paul Scothern, Crown Advocate, CPS East of England Complex Casework Unit (CCU)
In spring 2012, shortly before Lithuanian national, Rimas Venclovas, was due to stand trial for the murder of his ex-wife, her body, found in Poland in 2011, was finally identified through DNA. The trial was re-listed for autumn 2012.
The defence questioned whether it was right for the trial to go ahead here, as both defendant and victim were Lithuanian and the victim's body was found in Poland.
Paul looked into the issues raised and obtained the consent of the Attorney General for the trial to proceed under the Suppression of Terrorism Act 1978 which allows certain offences carried out abroad to be tried here. It is believed to be the first time where the issue of jurisdiction has been settled in this way or the Attorney General's consent obtained in such circumstances.
The prosecution case involved the calling of a large number of witnesses from Lithuania and Poland, including experts and legal officers, and a number of non-English speaking witnesses from the Peterborough area, all of whom Kelly had to deal with.
Kelly ensured that numerous court orders were complied with and that all deadlines were met. Not only did she have responsibility for a high volume of case material but she also dealt with requests from 12 different authorities including foreign legal departments, the legal advisors to the DPP and the Attorney General's Office.
Chris McCann, head of the East of England CCU said: "The dedication and commitment shown by Kelly and Paul in ensuring this case was thoroughly prepared, all deadlines were met and legal issues successfully tackled, ensured the perpetrator was brought to trial and convicted."
Alex Wolfson, Crown Advocate, CPS East Midlands
Darren Eckersley was sentenced for burglary at Derby Crown Court on 4 October. In mitigation, his defence presented a letter, supposedly written by his victim, claiming that the stolen property had been returned and requesting leniency from the court.
As the prosecuting advocate, Alex checked the letter when it was handed up, and was immediately suspicious about its authenticity, noticing discrepancies between the signatures on the letter and the victim's statements. He raised the matter in court, but it could not be checked, so the judge sentenced on the basis that the letter was genuine.
Rather than let the matter lie, Alex referred the matter to the police, who spoke to the victim. She had no knowledge of the letter. Moreover, she confirmed that the stolen items had not been returned as claimed. Eckersley admitted forging the letter, although he claimed he did it with the victim's knowledge.
Alex gave a witness statement to the ensuing police investigation and Eckersley pleaded guilty to perverting the course of justice and was sentenced to a further eight months in prison.
Janine Smith, Senior District Crown Prosecutor said: "Alex's vigilance, attention to detail and persistence in this case resulted in the defendant's deceit being exposed and he is now serving a longer sentence than if he had been honest in the first place. Alex's actions have ensured the integrity of the court process and sent a strong message to anyone who thinks they can get away with this kind of deception."
Kathryn Jones, Senior Crown Prosecutor, CPS Wales
Operation Bastion is a very large scale operation which has led to the dismantling of a major organised crime gang based around the Swansea area.
Intelligence gathering, police surveillance and test purchases of Class A drugs led to arrests across Swansea and Neath Port Talbot, as well as in Merseyside and the West Midlands. To date, 41 defendants have been convicted and 30 of these have so far been sentenced - receiving custodial sentences totalling over 65 years.
This massive police investigation resulted in an equally large scale prosecution case. Kathryn was involved as reviewing lawyer from the outset, when the police sought early investigative advice, including specialist guidance on conducting test purchases.
The arrest stages were stretched over a period of time to allow for the arrest of the gang hierarchy. Kathryn remained committed to the case throughout, providing advice to the police during evenings and weekends over a period of some six weeks and covering nearly all of the remand hearings herself.
Kathryn's advice and planning resulted in well-prepared cases which put the prosecution on the front foot, resulting in guilty pleas from 41 defendants.
District Crown Prosecutor Iwan Jenkins said: "Throughout a lengthy police investigation, Kathryn was willing to be available to offer advice and guidance at weekends, as the waves of arrests flowed in. Her pre-planning was excellent and her guidance on test purchases and on the arrest schedule undoubtedly played a major part in the success of the operation. Her handling of this very complex set of cases has been exemplary."
