Allegations made against Mohammed al Fayed

Request

You will be aware of the recent BBC documentary about the late Mr Mohammad al Fayed and the allegations contained in that documentary from many women who claimed that he had sexually molested them on in extreme cases raped them.

The programme alluded to two investigations carried out by police in 2008/9 and again in 2015 relating to different allegations. In both cases no action was subsequently taken against Mr al Fayed or against anyone working at Harrods.

That programme indicated that matters were subsequently passed on to the DPP/CPS for consideration re prosecution.

What did these investigations conclude and were papers subsequently forwarded to your offices for consideration and what conclusion did lawyers reach based on the evidence. Was there any involvement in the process/consideration of prosecution by the then Director?

At what level of seniority were decisions taken about whether to prosecute or not and did the then Director of Public Prosecutions (both in 2009 and 2015) at the time take part in any decision making in this respect?

Did the Director have any communication with lawyers for Mr Al Fayed or with senior ministers in the government such as the Home Secretary of the time?

Did Mr Al Fayed himself or though his lawyers have any communication with your office during this period?

Response

The Crown Prosecution Service (CPS) does hold some limited information falling within the scope of your request.

Receipt of Police Files

With regards to the 2008/9 investigation, the CPS received a file from the police in 2008. A final charging decision, which indicated the suspect should not be charged, was completed in February 2009. 

With regards to the latter investigation, the police initially submitted a file to the CPS on 22 October 2015. The final charging decision was reached on 27 June 2016; this indicated that the suspect should not be charged.

Decision Makers

The decision in relation to the 2008/9 matter was initially made by a Special Casework Lawyer from the Complex Casework Centre at London CPS and was endorsed by the Director of Complex Casework and the Chief Crown Prosecutor. The decision in relation to the 2015 matter was made by the Deputy Chief Crown Prosecutor for the pan-London Complex Casework Unit.

The CPS holds no recorded information of DPP involvement in the 2009 decision. The 2016 decision was referred to and approved by the then DPP.

Communications

There is no record of communications between the DPP and Ministers on this matter in these periods.

We do hold recorded information from the suspect’s defence solicitors only regarding the 2008/9 investigation. To confirm we do not hold any recorded information with/concerning the DPP at the time.

We have no recorded information to indicate whether Mr Al Fayed or his solicitors had any communication with the CPS (including the DPP) regarding the 2015 investigation.

Under section 16 of the FOIA we have an obligation to advise what, if any, information may assist you with your request. The Code for Crown Prosecutors provides information concerning the evidential test which is considered by all prosecutors when reaching a charging decision in any case.