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a Special fees payable to Counsel
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Authorised by 4 Rank
G RO Signature
Date
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DPP Ref:
MR MORRISON
APPLICATION FOR SPECIAL FEE FOR: C McKAY BL
Rev-: McKELVEY
CIRCUIT: OMAGH CROWN COURT
WORK: TRIAL
DATE OF FEE NOTE: 6 NOVEMBER 2004 DATE TO AD (FEES): OyIo\loS
MAIN OFFENCE: THEFT
NUMBER OF DAYS: 4
Please find herewith an application for a special fee in the above
matter,
Junior Counsel has supplied a detailed report in this case which I copy
i IRRELEVANT
This fee has been agreed with Counsel.
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DPP REF:
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Assistant Director
Che December 2004
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Charles McKay B.L.
Barrister at Law
Bar Library
Belfast
Email:
Mr R McCarey
Assistant Director
D.P.P,
Windsor House
Belfast 6" November, 2004
Dear Sir,
Re: R-v- Maureen McKelvey (D.P.P. Reference 258267)
I refer to the above prosecution at Omagh Crown Court where the Defendant appeared on
charges of theft. The Defendant was charged with the theft of £4,623 in the course of her
employment as a Sub Postmistress of Clanabogan Post Office in Omagh. The offences
occurred over a one year period when the Defendant made a series of overclaims for non-
existent pension and allowance foils. The discrepancies were subsequently discovered
during a routine “rota check” of the pension and allowance foils dispatched from the Post
Office. When interviewed by the security personnel from the Post Office the Defendant
denied all responsibility and suggested the losses were due to errors on the computer
system and the accounting method adopted by the Post Office. This trial took a week in
the Crown Court while the jury considered 250 pages of highly technical evidence and a
further 50 exhibits. Much of the evidence was taken up with the nature and payment of
Benefits from the Post Office; the accounting system in operation throughout the twelve
month period; the checking system adopted at the Paid Order Unit at Lisahally,
Londonderry; the float system and the cash accounting system in operation at the Post
Office. In the course of challenging the prosecution case the Defendant took issue with:
a3 Her intention to deprive the Post Office.
Q) Her appropriation of the money, her alleged dishonesty and cited the
following factors:
(a) human error;
(b) the pressure of running a shop attached to the Post Office;
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(c) the operation of a credit account system for a refugee organisation and the
failure of the Post Office to supply a sufficient cash float during the
relevant period.
In summary therefore this was a very difficult prosecution which involved two days
preparation and a week of evidence in the Crown Court. 1 understand from the
Defendant’s Senior Counsel that he will receive a brief fee of £5,000 from the Legal
Services Commission, In the circumstances I would ask for an appropriate Special Fee
for the trial.
Yours faithfully,
rles
CHARLES McKAY
Cha
McKay I
~ "IRRELEVANT