PNI00000001_036 - Special fees payable to Counsel Mc Kelvey re: offence of theft

Evidence on official site

PNI00000001_036
PNI00000001_036

"en renere wee SERNe MR EE WE UME PT USECUUONS

a Special fees payable to Counsel
(Interim / final payment) (delete as appropriate) copy

Counsel

Ry

C) Not VAT registered

Court Bilt no, OPP ref, no.

Offence A is
Attendance dates Length of hearing
Professional work court / consultation oF consultation Foes £
ist consultation in 7

2nd consultation Hi
3rd _consuitation
Day one (Brief) is ai ou
ist refresher ~
2nd refresher
3rd refresher
4th refresher“ 1 H
Sth refresher qi
8th refrasher
7th refrasher
8th refresher
ath refresher
10th refresher

Proofs I IRRELEVANT I

Indictment H
Opinion i
venigorny ce Mod
travel ~
Sub Total '
VAT Gf applicable)
TOTAL PAYABLE
Prepared by Rank “fae _C, Date 24/4

Jeminardssecs

Recommended for 7 G RO

payment by

Assistant Director

Signature

For use in the Northern Ireland Office
Authorised by 4 Rank

G RO Signature

Date

PNI00000001_036
PNI00000001_036

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.

PNI00000001_036
PNI00000001_036

c

DPP REF:

hn
@

owing St

'

Assistant Director
Che December 2004

PNI00000001_036
PNI00000001_036

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;

PNI00000001_036
PNI00000001_036

“~

(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