PNI00000001_039 - Bundle of docs: Registry 258267, Indictable Directions, Department of the Director of Public Prosecutions R v Maureen McKelvey

Evidence on official site

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INDICTABLE DIRECTIONS

Final photocopying completed
Contents of Circuit Folder checked with Direction Part II.
Circuit Folder sent to respective Circuit Office.

Copy Directions Part I, Part I] and copy Direction for Committal Proceedings on
Directors Office Papers

Original Direction Part I to Addressee, copy Committal Directions also enclosed if
DC case. If Chief Constable case, send Direction Part I only.

Copy Part I and copy Direction for Committal to DC if Chief Constable case.

Copy Part I and copy Direction for Committal to Superintendent, Drugs Squad
(DRUGS OFFENCES ONLY)

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NO

SILA LINN &

\

Consent/Certificate to issue ee
a. Original in Circuit Folder Ce
b. One copy and original DPP1B (if Attorney General's application) on Director's oot
Office Papers
¢. In an Attorney General’s refusal case place copy of DPPIB initialed by
Attorney General/Solicitor General on Director’s Office Papers
d, If Consent, send one copy to DPP Archives, RCJ y
we
Is ADALS letter (ARMY CASES) required? (if Yes) oS
a, Original to Army Legal Court ISSUED
INS. OTACKS...
b. One copy in Registry File 295 MAR 2004 Zi
i
A

¢. One copy in Circuit File
All papers issued are dated and initialled.

Update CMS

ae

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Department of the Director of Public Prosecutions
(Oa.Chichester Street Belfast BT1 SUR

PO BOX 410
PSNI Ref: €48/3/04
DPP Ref: 258267
Subject: ALLEGED THEFT BY SUB-POST MISTRESS AT THE CLANABOGAN POST OFFICE IN

OMAGH
Ro ~v~ MAUREEN McKELVEY

Senior Law Clerk
Southern Ci t

DIRECTION ~ PART If
SENT HEREWITH:
The following copy documents -

~ Part f

Direct
Directions for committal proceedings
Police Report

The following original decuments ~

losure Officer at the
defence after

closure letter and enclosures to be given to the Di
the committal papers are checked for service on
committal.

Draft Indictment

+
Briefing Section will prepare the trial brief in this case and forward it to the
Cireult Office in due course.

29 MAR 2004

OFTICE OF RIRECTOR
OF PUBLIC PRESELU TIONS

Southern Cirauit
for Directer of Public Prosecutions

22 Herch. 2004

An independemi, fair and effective prosecution service H
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Department of the Director of Public Prosecutions
93 Chichester Street Belfast BT1 3JR

PO BOX 410

PSNI Ref: C48/3/04
258267
ALLEGED THEPT BY SUB-POST MISTRESS AT THE CLANABOGAN POST OFFICE IN

OMAGH
Ro -v~ MAUREEN McKELVEY

Chief Constable

DIRECTION - PART I
CHARGE:

Prosecute Maureen McKelvey on indictment for the following non~scheduled
offence:-

That you, on a date unknown between the Ist day of September 2001 and the 2ist
day of August 2002, in the County Court Division of Fermanagh and Tyrone,
stole cash in the sum of £4,6 48 or thereabouts belonging to Post Office
Limited, contrary to section 1 of the Theft Act (Northern Ireland) 1969.

GENERAL:
rosecution on indictment is warranted.

The amount of “errors” in a relatively short time frame would indicate that this
an simple incompetence.

is more t

Primary prosecution closure will be made to the defence following committal.
Committal papers, Directions for committal proceedings, the police investigation
file and a copy Direction Part I have been handed to the police officer in charge
of the case and he should deal with them in compliance with PSNI Force
instructions.

The Senior Law Clerk, Southern Circuit, will be sent, inter alia, copy Part I of
this Direction, Direction Part II, copy Directions for committal proceedings and
letters and enclosures to be given to the Disclosure Officer at the time the
committal papers are checked and copy police report.

The District Commander, Omagt Police Service of Northern Ireland, has now been
sent a copy Direction Part I and copy Directions for committal proceedings.

ee
ISSUED
INITS...GaM
29 MAR 2

Southern Circuit BFFICE BF AL:

for Director of Public Prosecutions OF PUBLIC PROSESETigNS }
dB Velayeh 2004

An independent, fair and effective prosecution service
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Internal Ref:
Circuit Ref:

PSNI Ref: 48/3/04
DPP Ref: 258267

fo Officer-in-charge: Suzanne Winter, Belfast, Post Office Ltd

Subject: R =v~ MAUREEN McKELVEY

DIRECTIONS FOR COMMITTAL PROCEEDINGS

PROVISIONAL DATE FOR PRELIMINARY INQUIRY 20 ly oe AT OMAGH
i
MAGISTRATES COURT

THESE COMMITTAL PAPERS MUST BE COMPLETED AND RETURNED TO THE SENIOR LAW CLERK
SOUTHERN CIRCUIT OFFICE, THE COURTHOUSE, JOHN STREET, OMAGH BY PRIOR APPOINTMENT
ONLY AND IN ANY EVE!

NO LATER THAN 6 IG] oY

If I8 IMPORTANT THAT YOU ADHERE TO THIS DATE. IF YOU CANNOT PRESENT THESE PAPERS
ON OR BEFORE THE DATE IN QUESTION, PLEASE CONTACT THE SENIOR LAW CLERK REGARDING
THE MATTER.

In these papers there may be any of the following:~

a. ORIGINAL TYPED STATEMENTS WHICH HAVE NOT REQUIRED ANY EDITING ~ EXHIBIT
NUMBERS MAY HAVE BEEN INSERTED.

Tf the above statement has not been signed and dated by the maker, it m
be accompanied by the original handwritten statement so signed and dated
ensure that the typed version has been certified a true copy of the
original.

You must ensure that these original handwritten statements are placed at
the rear of the committal papers served on the Court.

2. STATEMENTS WHICH HAVE BEEN EDITED AND RE-TYPED ~ EXHIBIT NUMBERS MAY HAVE
BEEN INSERTED

' You must now have these new statements signed and dated by the appropriate

witnesses, and countersigned. Ensure that each witness reads through their
statement before signing. If a witness objects to the content of th
Statement and/or will not sign it, the Directing Officer must be informed
immediately.

3. COPY STATEMENTS AND COPY SUMMARIES OF TAPE RECORDED INTERVIEWS WHICH HAVE
BEEN EDITED BY USE OF A COMBINATION OF BRACKETS AND LIGHT STRIKING OUT ~
EXHIBIT NUMBERS MAY HAVE BEEN INSERTED

Ensure that each such statement is accompanied by the original unedited
handwritten statement or where appropriate the original unedited typed
statement which has been signed and dated by the maker and countersigned.
Police MUST NOT edit or make any alterations to such original statements.
No such action is required in respect of summaries.

You must ensure that these accompanying statements are placed at the rear
of the committal papers served on the Court.
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1. Disclosure

At the time when you return the signed committal papers to the Senior Law
Clerk for checking you will be handed an envelope containing primary
prosecution disclosure. On the day of committal, following the committal
for trial, you should hand the envelope to the legal representative for the
accused, or, if that is net possible to the accused personally.

You have been provided with a copy of the disclosure letter and marked non-
sensitive schedule. These set out the material to be disclosed to the
accused.

Any material in respect of previous convictions of witnesses or
disciplinary records of police officers, not listed for disclosure in the
disclosure letter, it not considered to be relevant to the investigation
and need not be added to the schedules.

You must confirm to the Senior Law Clerk, when presenting the papers, the
availability of witnesses to attend the Crown Court to which it is intended
to return the defendant. To be in any position to do thie you must contact
every witness beforehand to determine his movement and availability. It is
recognised that there will be occasions when a ness will beco
unavailable at a later stage because, eg of $ Or accident.
event you are required to inform t! Senior Law Clerk immediately in order
to prevent the listing of the trial which then has to be aborted because of
that witnesses indispesition. This causes total disruption of trial lists
and delays the proper administration of justice.

ies

When xveturning your papers you will be asked to certify that you have so
notified all the prosecution witnesses.

A specific Direction of proofs will issue in due course.
The following special instructions must be complied with in this case: -

All documents referred to in the non-sensitive schedule and retained by
police must be checked to ensure that sensitive details rela g to
witnesses such as addresses, telephone numbers or car regi: ation numbers,
other n where any of t @ appear in the chargeis) directed against the
accused, are not disclosed to the defence. Any document containing such

: material should be re-copied so that the sensitive details cannot be read.
This is the document which may then be inspected by the defence.

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3

USE THE FOLLOWING CHECKLIST TO ASSEMBLE YOUR PAPERS AND ENSURE THAT THEY ARE ALL
IN ORDER FOR PRESENTATION TO AND CHECKING BY THE SENIOR LAW CLERK

Have any special instructions been complied with?
Has the NOTICE OF INTENTION been completed and signed?
Has the STATEMENT OF COMPLAINT been signed?

Has the LIST OF WITNESSES beet

gned?
Is there a statement for each witness listed?

Has each witness statement been dated, signed by the witness and
countersigned by another person?

In respect of every handwritten witness statement is there a top typed
copy?

Where a@ copy statement has been edited by use of brackets and striking out
~ is the appropriate accompanying original statement enclosed?

Has the LIST OF EXHIBITS been signed?

Have you the ORIGINALS OF ALL DOCUMENTARY EXHIBITS READY FOR PRODUCTION TO
THE Senior Law Clerk?

Is there a typed and certified copy of each handwritten exhibit?

Has every exhibit been properly labelled showing the correct exhibit
nambex?

Has each top typed copy exhibit been property marked on the top right hand
corner with the correct exhibit number?

Have you obtained a copy recognisance for each accused on bail?

WHILE THE ANSWER TO AN E ABOVE QUESTIONS IS NO THE PAPERS ARE NOT COMPLETE
5B THEY MUST NEVERTHELESS BE RETURNED TO THE SENIOR LAW CLERK BY THE DATE STATED
OVERLEA!

wf for any unavoidable reason some other officers has to present the papers
(either complete or incomplete} to the Senior Law Clerk, that officer must be
fully briefed on the facts of the case, and, where necessary, the reasons why the
papers are incomplete.

in accordance with force instructions, arrangements must be made to have the
required number of copies processed. Such copies must be legible.
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4 -

When ready a copy of the papers must be served on the accused {or each of them}
PERSONALLY (not on a solicitor) and the original set must be delivered to the
Clerk of Petty Sessions of the court at which the committal proceedings are to be
held, five clear working days before the date set for the committal. A further
copy of these papers should be made available for the Senior Law rk in the
Circuit Office. These will be retained by h “brief” counsel at the hearing
of committal proceedings. If the committal be in BELFAST, hand a copy of
the Statement of complaint{s) to the staff of the police office, Townhall Street.

;CESSARY STEPS TO ENSURE THAT THE ACCUSED IS/ARE REMANDED TO,
CORRECT COURT ON THE CORRECT DAY FOR THE COMMITTAL.

YOU MUST TAKE ALL
OR PRODUCED AT,

SUBSTITUTE) MUST ATTEND THE COURT ON THE DAY OF THE
> SEEK OUT AND MAKE YOURSELF KNOWN TO THE DPP PROSECUTOR.

YOU {OR A FULLY
COMMITTAL AT 10.

ISSUED
29 MAR 2004

OFFICE OF f OR
OF PUBLIC PROSIOU TIONS

SHIELS
Southern Circuit
for Director of Public Prosecutions

Je Myth 2004

The District Commander, Omagh, PSNI
Circuit Office
R-v- Maureen McKELVEY

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PART 11
INDEX OF WITNESS

CONTENTS OCCUPATION PAGES

Una KELLY Civil Servant 1-2
Michael SCARLETT Civil Servant 3-4
Bernadette MELLON Civil Servant 5-6
Glenn McDONALD Civil Servant 7-3
Susan HANNA Civil Servant 9-10
John McKENNY Auditor ii
Denise REID Contracts Manager 12-13
Kenneth SHARP Agency Contract 14-15

Deployment Manager

Roy WALLACE Security Manager 16-17
Leslie THORPE Investigation Manager 18-19
Suzanne WINTER Investigation Manager 20-27

>

“aS

rp

N

a

R-y ~ Maureen McKELVEY

index Of Exhibits

Part3

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Item
Identification
Mark

Description

Produced By

Page

UK’

Paid Pension and Allowances
for Clanabogan Post Office
week ended 19/09/01
accounting week 26

Una KELLY

1-3

MS/1

Paid Pension and Allowances
for Clanabogan Post Office
week ended 26/09/01
accounting week 27

Michael
SCARLETT

46

MS/2

Paid Pension and Allowances
for Clanabogan Post Office
week ended 03/10/01
accounting week 28

Michael
SCARLETT

7-9

MS/3

Paid Pension and Allowances
for Clanabogan Post Office
week ended 10/10/01
accounting week 29

Michael
SCARLETT

10-12

MS/4

Paid Pension and Allowances
for Clanabogan Post Office
week ended 17/10/01
accounting week 30

Michael
SCARLETT

13-16

GMM

Form 205A Clanabogan Post
Office.

Glenn
McDONALD

17

Swot

Paid Pension and Allowances
for Clanabogan Post Office
week ended 15/01/02
accounting week 43

Suzanne Winter

18-26

Swo2

Paid Pension and Allowances
for Clanabogan Post Office
week ended 23/01/02
accounting week 44

Suzanne Winter

27-34

SW03

Paid Pension and Allowances
for Clanabogan Post Office
week ended 29/01/02
accounting week 45

Suzanne Winter

35-44

>

Swo4

Paid Pension and Allowances
for Clanabogan Post Office
week ended 06/02/02
accounting week 46

Suzanne Winter

42-48

ot

oN oS

oN

R-v-Maureen McKELVEY

index Of Exhibits

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Part 3
item Description Produced By I Page
identification No.
Mark
Paid Pension and Allowances Suzanne Winter I 49-57
Swos for Clanabogan Post Office
week ended 13/02/02
accounting week 47
Paid Pension and Allowances Suzanne Winter I 58-61
Swo6 for Clanabogan Post Office
week ended 20/02/02
accounting week 48
Paid Pension and Allowances Suzanne Winter I 62-64
sSwo7 for Clanabogan Post Office
week ended 27/02/02
accounting week 49
Paid Pension and Allowances Suzanne Winter I 65-72
Swo8 for Clanabogan Post Office
week ended 06/03/02
accounting week 50
Clanabogan Post Office Suzanne Winter I 73-75
swos Pension and Allowance
Schedule dated 03/04/02
Audit Result of Clanabogan John McKenny I 76
JMcKO01 Post Office (P32a)
Tape Number One Tape Seal Suzanne Winter I On
Sw10 Reference Number file in
030080 Post
Office
Tape Number Two Tape Seal Suzanne Winter I On
swt Reference Number 030081 file in
Post
Office
Transcript of Tape Number One I Suzanne Winter I 77-92
Swi2 Tape Seal Reference Number
030080
Transcript of Tape Number Two I Suzanne Winter I 93-
Swi3 Tape Seal Reference Number 103
030081

€

R-v- Maureen McKELVEY

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index Of Exhibits
Part 3

Item Description Produced By I Page
identification No.
Mark

Paid Pension and Allowances Suzanne Winter I 104-
Swi4 for Clanabogan Post Office 110

week ended 24/10/01

accounting week 31

Paid Pension and Allowances Suzanne Winter I 111-
Swis for Clanabogan Post Office 119

week ended 14/11/01

accounting week 34

Paid Pension and Allowances Suzanne Winter I 120-
SW16 for Clanabogan Post Office 124

week ended 21/11/01

accounting week 35

Paid Pension and Allowances Suzanne Winter I 125-
SW17 for Clanabogan Post Office 134

week ended 27/12/01

accounting week 40

Paid Pension and Allowances Suzanne Winter I 135-
Swi8 for Clanabogan Post Office 137

week ended 20/03/02

accounting week 52
swig Clanabogan Post Office Suzanne Winter I 138

Pension and Allowance

Schedule dated 03/05/02

Paid Pension and Allowances Suzanne Winter I 139-
Sw20 for Clanabogan Post Office 144

week ended 31/10/01

accounting week 32

Paid Pension and Allowances Suzanne Winter I 142-
swat for Clanabogan Post Office 145

week ended 07/11/01

accounting week 33

Paid Pension and Allowances Suzanne Winter I 146-
Sw22 for Clanabogan Post Office 149

week ended 28/11/01

accounting week 36

LN

oN

R -v ~ Maureen McKELVEY

Index Of Exhibits

Part 3

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Item Description Produced By I Page
Identification No.
Mark

Paid Pension and Allowances Suzanne Winter I 150-
Sw23 for Clanabogan Post Office 157

week ended 05/12/01

accounting week 37

Paid Pension and Allowances Suzanne Winter I 158-
SW24 for Clanabogan Post Office 164

week ended 12/12/01

accounting week 38

Paid Pension and Allowances Suzanne Winter I 165-
Sw25 for Clanabogan Post Office 166

week ended 19/12/01

accounting week 39

Paid Pension and Allowances Suzanne Winter I 167-
Sw26 for Clanabogan Post Office 169

week ended 02/01/02

accounting week 41

Paid Pension and Allowances Suzanne Winter I 170-
Sw27 for Clanabogan Post Office 175

week ended 09/01/02

accounting week 42

Paid Pension and Allowances Suzanne Winter I 176-
Ssw2s8 for Clanabogan Post Office 180

week ended 13/03/02

accounting week 51

Paid Pension and Allowances Suzanne Winter I 181-
sw2e for Clanabogan Post Office 184

week ended 27/03/02

accounting week 53
Sw30 Clanabogan Post Office Suzanne Winter I 185-

Pension and Allowance 189

Schedule dated 21/05/02
SW31 MasterTape Seal Reference Suzanne Winter I On

Number 030086 file in

Post
Office

YY

aN

2]

R-v~ Maureen McKELVEY

Index Of Exhibits

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Part 3

item Description Produced By I Page

identification No.

Mark

SW32 Transcript of MasterTape Seal Suzanne Winter I 190-
Reference Number 030086 214

SW33 Paid Pension and Allowances Suzanne Winter I 215-
for Clanabogan Post Office 216
week ended 03/04/02
accounting week 041

SW34 Paid Pension and Allowances Suzanne Winter I 217-
for Clanabogan Post Office 218
week ended 10/04/02
accounting week 02

SW35 Paid Pension and Allowances Suzanne Winter I 219-
for Clanabogan Post Office 224
week ended 17/04/02
accounting week 03

SW36 Paid Pension and Allowances Suzanne Winter I 225-
for Clanabogan Post Office 227
week ended 24/04/02
accounting week 04

SW37 Paid Pension and Allowances Suzanne Winter I 228-
for Clanabogan Post Office 229
week ended 01/05/02
accounting week 05

Sw38 Paid Pension and Allowances Suzanne Winter I 230-
for Clanabogan Post Office 231
week ended 08/05/02
accounting week 06

SWw39 Paid Pension and Allowances Suzanne Winter I 232-
for Clanabogan Post Office 233
week ended 15/05/02
accounting week 07

sw40 Paid Pension and Allowances Suzanne Winter I 234-
for Clanabogan Post Office 236
week ended 22/05/02
accounting week 08

R-v- Maureen McKELVEY

index Of Exhibits

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Part 3

item Description Produced By I Page

Identification No.

Mark

sw41 Paid Pension and Allowances Suzanne Winter I 237-
for Clanabogan Post Office 238
week ended 29/05/02
accounting week 09

Sw42 Clanabogan Pension and Suzanne Winter I 239-
Allowance Schedule dated 245
13/06/02

KSA Extract from Postmasters Kenneth SHARP I 246-
contract (Section 12) 251