Tag Archives: Prosecution

No prosecutions over Hancock kiss photo leak – because someone wanted him out?

You go for Klimt but you get Munch: Matt Hancock’s social distance-breaking kiss was compared to Klimt’s ‘The Kiss’ but apparently the colour makes it more reminiscent of Munch’s ‘The Scream’. Many women may understand that sensation.

Isn’t it odd that arrangements can be made to leak images of an embarrassing Cabinet minister in a compromising situation – but it’s impossible to find the culprit(s)?

Someone apparently used a mobile phone to take images of then-Health Secretary Matt Hancock kissing his long-time friend and then-aide Gina Coladangelo, from CCTV camera images taken at the Department of Health on May 6, 2021.

It has been alleged that the camera had to be moved in order to be able to take the image, although it would be beyond This Writer’s powers to secure proof of whether that was true.

The images were handed to The Sun the following month and Hancock resigned as Health Secretary on June 27. He subsequently separated from his wife, with whom he has three children, and moved in with Ms Coladangelo.

It was one of those instances in which the end justified the means; Hancock was a disgrace as Health Secretary, presiding over many tens of thousands of preventable Covid-19 deaths because he was more interested in handing huge contracts to Tory cronies for equipment they were never going to supply. And did the government ever get any of that money back?

But it is also true that someone breached the security of a government department, and it was right that a criminal investigation should have been launched – although I question why the Information Commissioner’s Office carried it out and not the police.

Logically, the location of the security office to which the CCTV cameras feed was sent would have been known. And the names of personnel staffing that office would also have been known. So only a small number of people could have been suspects.

I wonder whether they were employed by a private security firm? If so, that’s another black mark against the privatisation that the Tories love so much.

The ICO said checks of mobile phones owned by the suspects revealed no evidence of relevant CCTV footage. Did they contain other footage, then? What are these security people doing with images taken from cameras – and is taking images off camera footage a widespread practice?

This Writer’s experience suggests law enforcement agencies are able to find evidence, even if it has been erased from a mobile phone’s memory, so I wonder whether any of the suspects had a new phone? Wouldn’t that be suspicious? It’s possible the phone used to take the image(s) was left with The Sun, isn’t it?

It seems there were a few avenues of investigation to explore – but it also seems that the political will to find the culprits simply wasn’t there.

Maybe I’m doing the ICO a disservice. Maybe we simply haven’t been told about every stage of the investigation.

Or maybe those responsible for leaking the image(s) served their purpose and that’s why they have been able to disappear without a trace? Nothing would surprise This Writer, as far as Boris Johnson’s government is concerned.

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Why have junior civil servants been targeted by the first Partygate fines?

Not fined yet: Boris Johnson (right) acts as questionmaster in a quiz at one of the alleged Downing Street parties.

Let’s answer the question in the headline straight away: junior civil servants have been fined because they haven’t challenged the imposition of the penalties by the Metropolitan Police.

It is understood, but hasn’t been confirmed, that the fines relate to a leaving party for a Downing Street advisor, held on June 18, 2020.

Police have issued 20 fines, each worth £50.

According to the BBC,

One … government source said police had targeted “low-hanging fruit”, and another agreed this appeared to be the police’s approach.

Civil servants have not been provided with help for legal costs and are being advised to pay any fines they receive, while senior staff and politicians have paid for private legal advice.

A recipient can contest a fine, in which case the police will review the case to decide whether or not to withdraw the fine or take the matter to court.

And Sky News has said the investigation may have been slowed down by the need to consult the Crown Prosecution Service (CPS):

A CPS lawyer would be needed if the recipient of a fine decided to fight and take the issue to a magistrates’ court.

The CPS can ask the police to do more work, or direct them to collect more evidence until it is satisfied it could prosecute a case.

Sky News understands that the Metropolitan Police did not fully consult the CPS at the start of the investigation.

The CPS could have questions about the unusual questionnaires used to extract more information from those in government.

The implication running through both broadcasters’ interpretations of events is that senior civil servants and Conservative politicians are indeed contesting fines.

The reason for this may be the question of whether a fine represents proof of criminality.

Ministers and senior civil servants – like, for example, Boris Johnson and Cabinet Secretary Simon Case – are likely to want to do everything they can to avoid an implication that they have committed a criminal act.

With the question undetermined, it seems they are seeking to challenge any fines imposed on them.

But this means that they may face court prosecution and any conviction following such an event would certainly be for a criminal offence.

If this is the route Boris Johnson has chosen, then he is in very serious trouble indeed.

Source: PM not among first fines issued to people in government for breaking lockdown rules

Mercer sacked over unequal treatment in prosecutions of armed forces veterans

Mercer: it’s right that he should leave the government – but it’s for the wrong reason.

The Minister for Armed Forces Veterans has reported that he has been “relieved of my responsibilities in government” because he disagrees with Tory policy on prosecutions for historic crimes.

This is extremely dodgy ground. It seems clear to This Writer that, if a serving member of the forces has committed a crime while on active duty – but the evidence only comes to light later – they should still face prosecution for it.

The Tory government sees the matter differently and has included in its Overseas Operations Bill measures to protect veterans from prosecution if the alleged crimes were committed more than five years before any allegations are made…

… except for those who served in Northern Ireland. They have been excluded from this measure, meaning long-retired personnel could face imprisonment for alleged crimes committed decades ago.

Nobody deserves to face the extreme distress of court proceedings and possible imprisonment over false allegations, of course.

But nor should anybody receive an automatic free pass if they did commit crimes, no matter how long ago they happened. Think of paedophiles whose abominable practices with children only come to light decades after they took place.

So Mercer is right to go – but he’s going for the wrong reason.

He should be leaving because personnel who served elsewhere are being let off – not because those who served in Northern Ireland are still on the hook.

He should also be leaving because the government hasn’t bothered to devise ways of weeding out unfounded, frivolous or malicious attempts to prosecute veterans, but has instead opted to offer (potentially) amnesty to criminals.

But nobody can say his views weren’t known. He offered to resign from Theresa May’s government in 2019 over the same issue. So it is perhaps unsurprising that he has now left Boris Johnson’s government after it refused to pay attention to his concerns about the same issue.

Of course, we don’t know the exact circumstances yet. First we were told Mercer was on the point of resigning, then we were told he had been sacked, then that he had actually resigned, and then in his resignation letter he said he had been “relieved” of his responsibilities.

Still, this is another departure over government policy, following that of Samuel Kasumu – who actually quit after Boris Johnson’s cronies rewrote a report on institutional racism in order to pretend that it no longer exists in the UK.

We may conclude that the Johnson government is highly prejudiced. Not only is it deeply racist, but it also discriminates against forces personnel depending on where they served.

That’s not a good look for a government that desperately wants to appear friendly to those in the services after years of scandal over veterans who were left homeless after their discharge.

Mercer himself won’t be short of cash after losing this job – if he’s still got his £85,000-a-year job as ‘non-executive director’ of a cyber-security firm.

So don’t worry about him. Worry about people who have been wronged by our armed forces who won’t get justice – and about veterans who are being wronged by a government that is still allowing vexatious prosecutions against them.

Source: Johnny Mercer: Tory MP resigns as defence minister – BBC News

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‘Overwhelming majority’ of rapists going free because of collapse in prosecutions

The “overwhelming majority” of rapists are walking free because of a collapse in prosecutions in England and Wales, campaigners have warned.

Only 1.5 per cent of almost 55,300 rapes recorded by police in 2019 saw a suspect charged, down from 7 per cent four years before.

An alliance of women’s groups attempted to launch a legal challenge accusing the Crown Prosecution Service (CPS) of changing its practices,  but were refused permission by the High Court in March.

On Tuesday, they published testimonies from complainants, statistical analysis, a CPS whistleblower’s allegations and other evidence from the case.

Some of these testimonies need to be read to be believed. Try this:

A woman who alleged that a man had raped her at gunpoint was told in a CPS letter that the weapon “was not a serious threat” during the alleged attack, and that the man may have thought she consented.

Who wrote that? They should go into the dock alongside the alleged rapist, as an accessory to the crime.

In a separate case, a gay woman who said she was raped by a man was accused of “engaging with the defendant” before the attack. Charges against a suspect, who was caught on CCTV, were dropped.

So there’s video evidence against this person but they weren’t charged because someone said the victim “engaged” with them. What does that even mean?

The End Violence Against Women Coalition (EVAW) has accused the CPS of dropping a “merits-based approach” credited with increasing the number of rape prosecutions, but officials said they had not.

The High Court refused permission for a judicial review of the plummeting prosecutions, saw EVAW has appealed, and has raised more than £80,000 via crowdfunding to back the action.

That seems like an appeal worth supporting.

Here’s the web address.

Source: ‘Overwhelming majority’ of rapists going free because of collapse in prosecutions, campaigners warn | The Independent

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Tories refuses to abolish coronavirus law that has been wrongly used in every prosecution

When every single prosecution under new legislation is found to have been carried out unlawfully, that is poor law-making and should be repealed.

The Tory government is wasting the time of the police, the public and the courts with this silliness.

But it won’t repeal or change the Act of Parliament responsible for it.

Why not? Are these petty politicians taking delight in causing mischief for no good reason?

Who voted these clowns into a position where they could do this?

And do those voters now regret their hasty choice?

The government is refusing to repeal a “draconian” coronavirus law – despite it being used to wrongly prosecute scores of people.

The Coronavirus Act has not been used lawfully in a single criminal case since it came into force on 25 March, according to a review by the Crown Prosecution Service (CPS).

Human rights lawyers and campaigners have condemned the creation of “unnecessary” new offences, which have been used against children and vulnerable people.

They include a woman who was fined £660 for a crime she had not committed, five days after the Coronavirus Act became law. Charges have so far been withdrawn or overturned for 53 people and more cases are being reviewed.

Asked by The Independent whether it would abolish the Coronavirus Act in light of the changes and unlawful prosecutions, the Department of Health said it would not.

Source: Government refuses to abolish coronavirus law used unlawfully in every prosecution | The Independent

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Expert legal advice supports law graduate in crowdfunded private prosecution of Dominic Cummings

Mahsa Taliefar: there is a case against Dominic Cummings and she needs your help to take it to court.

Dominic Cummings could find himself facing an unlimited fine for breaching the Covid-19 lockdown after expert lawyers said there is a case against him.

Law graduate Mahsa Taliefar launched a funding campaign to help her bring a private prosecution against Cummings over his now-notorious trip to Durham at the end of March this year.

She sought legal advice from Benjamin Douglas-Jones QC and Nathaniel Rudolf on the practicalities of bringing a prosecution.

Their opinion is that he could indeed be prosecuted under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
Prosecutions.

These state that “during the emergency period, no person may leave the place where they are living without reasonable excuse”.

The lawyers’ advice states: “The published guidance… in our view reinforces the conclusion that there is a realistic prospect of conviction in relation to this conduct.”

The penalty, if such a conviction is won, would be an unlimited fine.

Concerns had been raised that Regulation 11 of the same law prevents private prosecution. It states: “Proceedings for an offence under these Regulations may be brought by the Crown Prosecution Service and any person designated by the Secretary of State.“

The advice states: “At first blush this may be seen as preventing a prosecution by anyone other than the CPS or a person designated by the Secretary of State. In other words preventing a private prosecution.

“The regulation is not drafted with any precision: a literal (and absurd) reading would be in that in the absence of anyone designated by the Secretary of State the CPS may not prosecute.

“It seems to us that… permitting the Secretary of State to designate people who can prosecute the section simply clarifies that this does not oust the ability of the CPS to do the same. It does not go further.

“If Regulation 11 were to be read as excluding private prosecutors, it would also exclude the police from prosecuting, unless the police were designated by the Secretary of State as persons who can prosecute. As far as we can tell no such designation has taken place.

“Our view is that the Regulation 11 is sufficiently clear so as not to warrant, at this stage, our consideration of whether the right to bring a private prosecution had been prevented by its language. A private prosecution may be classed as a ‘constitutional’ right founded in statute (or common law). It would require the most explicit language to extinguish that right.”

So not only could Cummings face a large fine if found guilty of breaching the regulations, but it seems entirely possible that a private prosecution may be launched against him, in order to ensure that he does so.

As This Site has already reported, Ms Taliefar is already crowdfunding for this purpose and her site may be found here.

If you agree that Cummings should be brought to book, feel free to contribute to the fund.

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Law graduate launches private prosecution bid against Dominic Cummings. Will you help fund it?

Mahsa Taliefar: she has already received abuse from supporters of Dominic Cummings. Have a guess at their reasons – then scroll down through the article to see if you’re right.

How will the populist, propagandist supporters of our far-right government de-legitimise Mahsa Taliefar, the 25-year-old law graduate who wants to take Dominic Cummings to court?

Well, for a start she has a foreign-sounding name (her background is Iranian), so obviously she’ll be trying to harm all good, right(-wing)-thinking British people, right?

And from the photograph she’s physically attractive, so she’ll be talked down as a know-nothing bimbo (qualifications notwithstanding).

Undoubtedly Gina Miller will be able to provide advice on some of the other ways.

Oh hey! It’s already happening:

She has … been targeted by abuse and misogynistic comments from Dominic Cummings’ supporters on social media.

“I have been subjected to nasty comments about my facial features and hairstyle,” she said.

“There have also been many Cummings supporters who have suggested that the money may be going towards aesthetic lip fillers and hair maintenance.

“I find this totally unacceptable. This campaign has nothing to do with my gender or looks. Many people supporting Dominic Cummings have also aggressively told me to ‘move on’ – but we should not until he does.”

Ms Taliefar – like those of us who know right from wrong – was incensed by Cummings’s decision to ignore lockdown rules and drive off to Durham with his wife and son.

These feelings were undoubtedly aggravated by his decision to (again) ignore rules – this time relating to government advisers – to hold a press conference in which he defended his behaviour.

So she has launched a funding campaign to help her launch a private prosecution against Cummings.

“It was like Dominic Cummings was spitting in the face of everyone who adhered to the lockdown,” she said.

“People were not able to see their families and friends and were not even able to bury their loved ones and grieve properly.

“This is because we were all following the laws that were put into place to protect the public.

“Dominic Cummings had a direct hand in the making of those Covid laws and I was extremely offended when he didn’t even apologise for breaking the rules – he seemed very arrogant and there were people in government standing by him.”

She makes good points about the insult Cummings’s behaviour represents to people from black and minority ethnic backgrounds:

Mahsa, who is from an Iranian background, says Dominic Cummings’ behaviour is also a kick in the teeth for people from Black, Asian and minority ethnic (BAME) communities who have been harder hit by coronavirus and are more likely to die of it.

“People from ethnic minority backgrounds are affected more by this virus and have less money and resources and are less likely to have powerful friends and connections,” she said. “Everything Dominic Cummings has, most people from ethnic minorities don’t.

“That makes me angry as when people from ethnic minorities are disproportionately affected by coronavirus, why should someone well off and more powerful put other people’s lives at risk by breaking his own laws?

“People from ethnic minority backgrounds also tend to have more people in our households and a lot of families have grandparents living with them. So it is really difficult for these communities to understand why someone like Dominic Cummings would travel so far and potentially put his parents at risk.”

Ms Taliefar reckons it will cost £300,000 to take a lawsuit all the way – and any funds not used for the private prosecution will be donated to Vision Aid Overseas – a charity dedicated to helping those with eyesight problems.

Here’s that GoFundMe campaign address again. With no interest in justice from the government, it seems this is the best way to get it.

Source: Law Graduate Pursues Private Prosecution Of ‘Arrogant’ Dominic Cummings | HuffPost UK

DWP persecutes claimants rather than scammers over ‘industrial scale’ benefit fraud

Despair: It seems the DWP’s plan to tackle Universal Credit fraud is to prosecute the victims, rather than the criminals.

Only one scammer has been prosecuted by the Department for Work and Pensions in connection with a fraud that has cost the nation an estimated £150 million per month.

The 145 dedicated staff hired by the DWP to investigate seem more interested in prosecuting genuine benefit claimants – with one already convicted and 28 facing prosecution.

Doesn’t that seem the wrong way around?

The scam works because people who need to claim benefits have been made increasingly desperate by the economic conditions created by the Conservative government.

Here’s how I described it, back in July:

“The scammer approaches the victim – a person in need of quick cash – and offers to get them a government grant or a payday loan for a small fee. They demand the victim’s identity details.

“The scammer then simply goes online and makes a Universal Credit claim in the victim’s name, demanding an advance loan in the process.

“The DWP’s online system automatically approves the claim because it doesn’t know any better and transfers the money into the victim’s bank account – from which the scammer then takes a huge amount of the money that has been handed over.

“The victim is left with a small fraction of the loan, but owing the entire amount back to the DWP. Not only that, but any other benefits they may have been claiming will have been cancelled.

“So the victim is left much worse-off – and the government department doesn’t care. It will pursue them for the full amount.”

This is what we are seeing now – the DWP is apparently pursuing the victims, rather than the perpetrators.

“It seems the scam works because of Universal Credit’s ‘digital by design’ nature; the computerised system automatically approves the application, no matter how bizarre the claims in it.

“So thousands of pounds have been given in response to claims on behalf of (allegedly) a 19-year-old with six blind children, people with children called Lisa, Bart and Homer – or indeed Ha, Ha and Ha – and people claiming “Harry Kane” is their landlord.

“Apparently 100,000 or more such advances are being paid every month. At up to £1,500 a go, that’s a lot of money.”

It seems the DWP’s 145 investigators are currently looking into 85,000 cases, with the caseload increasing all the time.

Has anything been done to stop the computerised Universal Credit claim system from automatically allowing these scams? If not, why not? Do the Tories see it as another way to persecute the vulnerable?

It seems to This Writer that there is only one way to stop the scammers from exploiting the vulnerable – and to stop the Tories from persecuting them.

Elect a Labour government that will end Universal Credit and implement a fair system in which people won’t be pushed into the arms of criminals.

It’s that simple.

Source: DWP: Just one scammer prosecuted so far for snaring people in Universal Credit fraud – Mirror Online

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Judges in Johnson case give ‘green light for every politician to lie to us about our money’

‘£350 million a week for the NHS’ – a Leave campaign lie endorsed by Boris Johnson.

Charming.

According to Lady Justice Rafferty and Mr Justice Supperstone, Boris Johnson was well within the law to lie to us about the amount the UK sends to the EU every week, and the uses to which it cold be put instead.

They have not given a reason for this decision. That is to follow later.

Hmm.

I reckon they’ll probably say that the case was vexatious because it was politically-motivated – a plan to disrupt Brexit.

That’s what Mr Johnson’s lawyer said.

But the fact is that the case brought privately by Marcus Ball, is accurate.

Mr Johnson was both a member of Parliament and Mayor of London at the time he claimed that the UK gave £350 million a week to the European Union (it doesn’t) and that all of this money can be used to fund the NHS instead (it can’t).

In fact, the UK pays significantly less into the EU once rebates and the support this country receives back from the bloc are taken into consideration.

And the money could not be diverted solely into the NHS because it will be needed to ameliorate the adverse effects of Brexit on the economy.

That is, if any money is left. Estimates have suggested the weekly cost of Brexit is £800 million – more than twice the amount painted on the side of Mr Johnson’s silly red bus.

Mr Johnson would certainly have known that there would be a cost attached to Brexit, when he made his extravagant claim. And he would have known that the money the UK sends to the EU would have to be used to cover part of that cost.

We know that many people have said they voted ‘Leave’ because they were persuaded by the claim on the Brexit bus – and that they felt betrayed when they discovered it was false.

So it had a direct impact on public trust in the words of someone who, as Mayor and MP, was expected to conduct himself honestly.

That is exactly what Mr Ball’s lawyer said.

He has also said he’ll wait to see the judges’ reasons for throwing the case out before making his next move, but This Writer reckons an appeal is clearly on the cards.

Let’s hope we get clarity before the result of the Conservative leadership election is announced.

Source: Boris Johnson wins court challenge over £350m Brexit claims | Politics | The Guardian

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Mercer’s threat may be toothless, but it demonstrates May’s loss of control

Show of defiance: Johnny Mercer reckons he can exploit Theresa May’s weakness to demand action on a single issue. What if large numbers of Conservatives follow suit?

There’s not really much point in withdrawing support from the government over everything but Brexit when Brexit is all that’s left on the agenda.

Still, Johnny Mercer’s decision to make a stand – no matter how weak – on the prosecution of British servicemen over historical allegations demonstrates very clearly Theresa May’s loss of authority.

She has no Parliamentary majority now; her alliance with the DUP has been used up and it will cost another vast amount of public money to renew it, if she even thinks that would be worthwhile.

Some Conservative MPs have quit to join Change UK and one is facing the loss of his seat after being convicted of expenses fraud.

Now Mr Mercer has made a show of resistance.

Will others – who may be in a position to do more damage – do the same?

Conservative MP Johnny Mercer says he has withdrawn his support for the government over the historical prosecution of British servicemen.

A former Army officer, Mr Mercer called on Theresa May in a letter to end the “macabre spectacle of elderly veterans being dragged back to Northern Ireland” to face possible prosecution.

In his letter to the prime minister, the Plymouth Moor View MP said he found investigations into historic allegations surrounding ex-services personnel “personally offensive”

He said he was not to prepared to vote for Government legislation – except on Brexit – until the Government took “clear and concrete steps” to end the “abhorrent process”.

Source: Johnny Mercer: Tory MP withdraws support for government over historical prosecution of servicemen | The Independent

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

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