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Tag Archives: Crown Prosecution Service

Cameron aide charged over child abuse images – at long last

28 Saturday Jun 2014

Posted by Mike Sivier in Austerity, Benefits, Conservative Party, Corruption, Crime, Justice, Politics, UK, Universal Credit

≈ 6 Comments

Tags

10 Downing Street, aide, Andy Coulson, Cabinet Secretary, child abuse, child pornography, contempt, court, cover-up, CPS, crime, Crown Prosecution Service, Daily Mail, danger, David Cameron, Department, DWP, fact, government, Harriet Harman, hide, Iain Duncan Smith, image, Jack Dromey, Jon Ashworth, Judge Wikeley, Level C, Margaret Thatcher, Mike Sivier, mikesivier, National Crime Agency, Nigella Lawson, Patricia Hewitt, Patrick Rock, Pensions, phone hacking, policy unit, politics, protege, secret, Sir Jeremy Heywood, trial, Universal Credit, Vox Political, work


A Rock in a hard place: Patrick Rock, formerly a senior civil servant and policy advisor, who now faces allegations that he possessed indecent images of child abuse.

A Rock in a hard place: Patrick Rock, formerly a senior civil servant and policy advisor, who now faces allegations that he possessed indecent images of child abuse.

Patrick Rock, a former aide of David Cameron and protege of Margaret Thatcher, has been charged with three counts of making an indecent photograph of a child, and with possession of 59 indecent images of children – more than four months after he was arrested on suspicion of child pornography offences.

Crown Prosecution Service lawyers assessed the images as Level C, meaning they showed sexual activity between adults and children.

This is the man who, as deputy head of 10 Downing Street’s policy unit, had been working on policies that are allegedly intended to make it harder to find images of child abuse on the Internet.

He was arrested on February 13, only hours after resigning his position with the government. Coincidence?

Nothing was mentioned in the press at the time, but days later the Daily Mail started stirring up historical allegations against Labour’s Harriet Harman, Jack Dromey and Patricia Hewitt. Coincidence?

It seems suspicions were raised in the Labour Party, because shadow minister Jon Ashworth asked, in the public interest:

  • When were 10 Downing Street and David Cameron first made aware that Mr Rock may have been involved in an offence?
  • How much time passed until Mr Rock was questioned about the matter and the police alerted?
  • What contact have officials had with Mr Rock since his resignation?
  • What was Mr Rock’s level of security clearance?

And, most importantly:

  • Why were details of Mr Rock’s resignation not made public immediately?

Cabinet Secretary Sir Jeremy Heywood stonewalled: “Our … actions were driven by the overriding importance of not jeopardising either [the National Crime Agency’s] investigation or the possibility of a prosecution.”

He said: “We judged it was inappropriate to make an announcement while the NCA investigations were continuing.”

David Cameron has declined to comment on the latest development, saying it is a matter for the courts.

He’s changed his tune, hasn’t he?

When Andy Coulson was still facing charges in the phone hacking trial, Cameron couldn’t wait to get on television and make a statement, and never mind whether it was in contempt of court.

All in all, it seems we are facing yet another cover-up bid by this “most open government ever”.

Let us not forget that this happened in the same week that Iain Duncan Smith lost his legal appeal to keep problems with Universal Credit veiled in secrecy.

The DWP had insisted publication of the papers, warning of the dangers likely to be caused by Universal Credit, would have a “chilling effect” on the DWP’s working – a standard defence (see Andrew Lansley’s successful bid to prevent publication of the risk register, detailing problems with his calamitous Health and Social Care Act) that was thrown out by Judge Wikeley in a trice.

The DWP then argued that the order to publish was perverse – that the tribunal responsible had reached a decision which no reasonable tribunal would have reached. Judge Wikeley found that the challenge “does not get near clearing this high hurdle”.

Finally – and most desperately – the DWP tried to argue that the tribunal had not given due weight to the expertise of a DWP witness. Judge Wikeley had to point out that, by law, he cannot substitute his own view of the facts for that taken by the original tribunal.

The DWP was then sent away to consider whether to lodge another appeal.

That’s at least three attempts to hide facts from the public in a single week (it is arguable that Cameron spoke up about Coulson in order to cause a mistrial and prevent him from being convicted of two charges; he cannot say he was unaware of what he was doing, because he has already been rebuked by another judge, earlier this year, for commenting on the trial of Nigella Lawson’s former assistants. In addition, wasn’t it suspicious that Coulson’s defence team immediately leapt up to call for a mistrial ruling, based on the “maelstrom of commentary” Cameron stirred up?) from – as previously mentioned, this “most open government ever”.

There may be more that haven’t become public knowledge.

Does David Cameron really think the public will put their trust in him, with a record like that?

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Lucas, Miller and a law that worked so hard not to treat them equally

17 Thursday Apr 2014

Posted by Mike Sivier in Crime, Justice, Law, Politics, UK

≈ 6 Comments

Tags

acquit, anti-fracking, Behaviour, Caroline Lucas, cash, charge, claim, commissioner, Commons Committee, court, CPS, criminal, Crown Prosecution Service, David Cameron, embezzlement, equal, expenses, false pretence, fine, fraud, government, highway, judge, law, magistrate, Maria Miller, Mike Sivier, mikesivier, money, not guilty, obstruct, offence, outcry, overturn, Parliament, police, protest, public order, resign, standards, taxpayer, trial, Vox Political


140417lucasmiller

Congratulations are due to Green MP Caroline Lucas, who walked free from court today after criminal charges against her were overturned.

She had been charged with obstructing a public highway and a public order offence, during high-profile anti-fracking protests last summer. Neither offence carries a prison sentence – the maximum penalty for either charge would have been a fine of up to £1,000.

District judge Tim Pattinson said the prosecution had failed to satisfy him that Lucas had “the requisite knowledge” about the Section 14 order being in place.

On the obstruction charge, he said he did not hear any evidence that any actual obstruction of a vehicle or person was caused by the protest.

It is good for British justice that Ms Lucas was acquitted – but bad for British justice that she was taken to court in the first place, most particularly because the case contrasts so strongly with that of disgraced former cabinet minister Maria Miller.

Miller claimed tens of thousands of pounds of taxpayers’ money under false pretences. You can call that fraud, if you like (maximum penalty: 10 years’ imprisonment).

Did she go to court? No.

Because she is a member of Parliament, the financial irregularity was investigated by a Parliamentary body, the Commons Committee on Standards. Rather than take the advice of the Parliamentary Standards Commissioner, who recommended that Miller pay back the full amount, the committee ruled that she should return just £5,800 and apologise to Parliament for obstructive behaviour during the investigation.

Surely everybody can see the double-standard here?

The least we can learn from these two stories is that the law absolutely does not treat everybody equally.

Ms Lucas was arrested, detained at Her Majesty’s convenience and now she has faced trial for the offences alleged against her. This MP, who opposes the government in Parliament, was then acquitted after a fair trial and has the support of the general public in this matter.

Miller was accused of a far more serious crime than Ms Lucas but has not been arrested, has not been detained, and has not been tried for the offences alleged against her. The then-government minister was whitewashed by her colleagues and only resigned because of a public outcry against the decision.

What conclusion can the public draw, other than that government MPs are effectively above the law?

David Cameron’s government can only redeem itself with two actions: It must remove Parliament’s right to investigate claims of financial irregularity by MPs and placing this duty firmly where it belongs – with the police and the Crown Prosecution Service.

The other action?

Obvious, really…

Maria Miller must face a criminal trial, charged with fraud.

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Was Stephanie Bottrill a victim of corporate manslaughter?

11 Saturday Jan 2014

Posted by Mike Sivier in Bedroom Tax, Benefits, Conservative Party, Cost of living, Housing, Law, Liberal Democrats, People, Politics, Poverty, UK

≈ 27 Comments

Tags

bedroom tax, benefit, benefits, Coalition, Conservative, corporate manslaughter, council, CPS, Crown Prosecution Service, David Cameron, Democrat, Department, DWP, government, housing benefit, Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006, Iain Duncan Smith, Joe Halewood, Lib Dem, Liberal, local authority, Mike Sivier, mikesivier, Pensions, people, politics, social security, SPeye, state under-occupation charge, Stephanie Bottrill, suicide, Tories, Tory, Vox Political, welfare, work


140111Stephanie-Bottrill

It’s what we all feared, as soon as we found out that people who have been in the same social housing since before 1996 are exempt from the Bedroom Tax:

Stephanie Bottrill, the grandmother who committed suicide because she could not afford to pay the Bedroom Tax, was one of those who should never have been asked to pay.

She took her own life by walking in front of a lorry on the M6 in May last year, just one month after the Bedroom Tax – sometimes called the State Under-Occupation Charge – had been introduced by Iain Duncan Smith. Her rent at the time was £320 per month, some of which was subsidised by Housing Benefit – but the imposition of an extra £80 charge, to come from her own money, was too much for her finances to take.

She left a note to relatives in which she made clear that she had taken her own life – and that she blamed the government.

She had lived in the same Solihull house for the previous 18 years (since 1995). Recent revelations by Joe Halewood at SPeye have shown that this meant she was exempt from paying the charge under the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006.

The government has a duty of care in these matters. It may not impose charges on people who are exempt under legislation that is currently in force, nor may it demand that local authorities should do so. If a person dies as a result of such action, then the government is guilty of a very specific criminal offence.

According to the Crown Prosecution Service, an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a person’s death; and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

An organisation is guilty of an offence if the way in which its activities are managed or organised by its senior management is a substantial element in the breach.

It seems clear – from the suicide note at the very least – that this is an open-and-shut case.

Will we soon see Iain Duncan Smith – or better still, David Cameron – in court?

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