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DISOBEDIENCE TO THIS ORDER IS A CONTEMPT OF COURT
WHICH IF YOU ARE AN INDIVIDUAL IS PUNISHABLE BY
IMPRISONMENT OR IF YOU ARE A BODY CORPORATE IS
PUNISHABLE BY SEQUESTRATION OF YOUR ASSETS AND BY
IMPRISONMENT OF ANY INDIVIDUAL RESPONSIBLE.
IN THE CROWN COURT SITTING AT CROYDON
Before His Honour Judge Macrae sitting in Private
Dated
7 November 2006
IN THE MATTER OF HUGH NOEL THOMAS
(Defendant)
AND
IN THE MATTER OF THE PROCEEDS OF CRIME ACT 2002
RESTRAINT ORDER PROHIBITING DISPOSAL OF ASSETS
TO: (1) HUGHIE NOEL THOMAS (the Defendant)
(2) EIRA VAUGHAN THOMAS (the wife of the Defendant)
PENAL NOTICE
If you Hugh Noel Thomas (the Defendant) or you Eira Vaughan
Thomas (the wife of the Defendant) disobey this Order you may be
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held to be in contempt of court and may be imprisoned, fined or have
your assets seized.
Any other person who knows of this order and does anything which helps
or permits Hugh Noel Thomas or Eira Vaughan Thomas to breach the
terms of this Order may also be held to be in contempt of court and may
be imprisoned, fined or have their assets seized.
IMPORTANT: NOTICE TO HUGH NOEL THOMAS AND EIRA
VAUGHAN THOMAS
This order prohibits you Hugh Noel Thomas from dealing with your
assets. It prohibits Eira Vaughan Thomas from dealing with the
Defendant’s assets as detailed in paragraph 6.
The order is subject to the exceptions contained in the order. You should
read it all carefully.
You are advised to consult a solicitor as soon as possible. Under
paragraph 2 of schedule 2 of the Access to Justice Act 1999, as
amended by paragraph 36 of schedule 11 of Proceeds of Crime Act
2002, you may be entitled to Community Legal Service Funding in
respect of this Order. Your solicitor will be able to provide you with the
appropriate forms. Such applications should be submitted to the Legal
Services Commission, 29-37 Red Lion Street London WC1R 4PP. In
relation to LSC funding (formerly Legal Aid), general enquiries may be
directed to the free LSC telephone helpline: GRO
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You have a right to ask this court to vary or discharge this order, see
paragraph 9 below. If you wish to do this you must serve on Royal Mail
Group plc and all other affected parties a copy of the application and any
witness statement in support at least 2 clear working days before the
date fixed for the hearing.
There is an interpretation section at paragraphs 17 and 18 of this order.
THE ORDER
1. This is a Restraint Order made against Hugh Noel Thomas (the
Defendant), and Eira Vaughan Thomas (the wife of the
Defendant) on 7" November 2006 by His Honour Judge Macrae
on the application of Royal Mail Group ple (“the Prosecutor”). The
Judge read the witness statement listed in Schedule A and
accepted the undertakings set out in Schedule B at the end of this
order.
2. This order was made at a hearing without notice to the Defendant
and his wife. The Defendant and any other person has a right to
apply to the court to vary or discharge the order - see paragraph 9
below.
DISPOSAL OF OR DEALING WITH ASSETS
3. The Defendant must not :-
(1) remove from England and Wales any of his assets which are
in England and Wales; or
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(2) in any way dispose of, deal with or diminish the value of any
of his assets whether they are inside or outside England and
Wales.
4. Paragraph 3 applies to all the Defendants ‘s assets whether or not
the assets are described in this Order or are transferred to the
Defendant after the Order is made, are in his own name and
whether they are solely or jointly owned. For the purpose of this
Order the Defendant’s assets include any asset which he has the
power, directly or indirectly, to dispose of or deal with as if it were
his own. The Defendant is to be regarded as having such power if
a third party holds or controls the asset in accordance with his
direct or indirect instructions.
5. This prohibition includes the following assets in particular:-
a) The beneficial interest in the property known as the Post
Office Holyhead Road Gaerwen Anglesey LL60 6DB, Title
Number WA964277.
6. Eira Vaughan Thomas must not move from England and Wales or
in any way dispose of or deal with or diminish the value of any
assets of the Defendant and in particular the following:-
a) The beneficial interest in the property known as Post Office
Holyhead Road Gaerwen Anglesey LL60 6DB, Title Number
WA9Q64277.
REPATRIATION
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7 (1) The Defendant must within 21 days after service of the Order
upon him bring any moveable asset in respect of which he has an
interest, which is outside England and Wales, to a location within
England and Wales.
(2) The Defendant must inform The Solicitor to Royal Mail Group plc
of the location within England and Wales within 7 days of the
arrival of the assets.
(3) If the asset is cash or credit in a financial institution it must be
paid into an interest bearing account and the account holder,
location and account number be notified to within 7 days to The
Solicitor to Royal Mail Group plc
EXEPTIONS TO THIS ORDER
8. (1) This order does not prevent the Defendant and his wife from
spending a total of £250 per week towards their ordinary living
expenses, up to the date of the making of any confiscation order.
But before spending any money, the Defendant or his wife must
tell the Prosecutor where the money is to come from. .
(2) This order does not prohibit the Defendant from spending any
money he may receive by way of state benefit
(3) This order does not prohibit the Defendant from spending
towards his ordinary _ living expenses any sum earned by him
whilst he is in prison
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(4) The Defendant and the wife of the Defendant, Eira Vaughan
Thomas may agree with the Prosecutor that the above spending
limits be varied or that this Order be varied in any other respect,
but any such agreement must be in writing.
(5)This order does not prevent:-
(a)any person from paying any money in satisfaction of the
whole or part of any confiscation order which may be
made against the Defendant; or
(b)the levy of distress upon any goods subject to this order
for the purpose of enforcement of any confiscation order
which may be made against the Defendant.
VARIATION OR DISCHARGE OF THIS ORDER
9. Anyone affected by this order may apply to the court at any time to
vary or discharge this order (or so much of it as affects that
person), but they must first inform the Prosecutor, the Defendant
and Eira Vaughan Thomas (the wife of the Defendant), giving 2
working days notice together with a witness statement in support of
the application.
EFFECT OF THIS ORDER
10. A person who is an individual who is ordered not to do something
must not do it himself or in any other way. He must not do it
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through others acting on his behalf or on his instructions or with his
encouragement.
11. A person who is not an individual which is ordered not to do
something must not do it itself or by its directors, officers, partners,
employees or agents or in any other way.
PARTIES OTHER THAN THE DEFENDANT
Effect of this order
10. It is a contempt of court for any person notified of this order
knowingly to assist in or permit a breach of this order. Any person
doing so may be imprisoned or fined. He/she is also at risk of
prosecution for a money laundering offence.
Set off by Financial Institutions
11. This order does not prevent any financial institution from exercising
any right of set off it may have in respect of any facility which it
gave to the Defendant before it was notified of this order.
12 No bank need enquire as to the application or proposed application
of any money withdrawn by the defendant if the withdrawal appears
to be permitted by this order
Existing Charges
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13. This order does not prevent any financial institution from enforcing
or taking any other steps to enforce an existing charge it has in
respect of a property or properties so secured.
Persons outside England, Wales, Scotland and Northern Ireland
13. (1) Except as provided in paragraph (2) below, the terms of this
order do not affect or concern anyone outside the jurisdiction
of this court, Scotland or Northern Ireland.
(2) The terms of this order will affect the following persons in a
country or state outside the jurisdiction of this court, Scotland
or Northern Ireland:-
(a) a person to whom this order is addressed or the officer
or agent appointed by power of attorney of such a
person;
(b) any person who:-
(i) is subject to the jurisdiction of this court, Scotland
or Northern Ireland;
(ii) has been given written notice of this order at
his/her residence or place of business within the
jurisdiction of this court, Scotland or Northern
Ireland; and
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(iii) is able to prevent acts or omissions outside the
jurisdiction of this court, Scotland or Northern
Ireland which constitute or assist in a breach of
the terms of this order; and
(c) any other person, only to the extent that this order is
declared enforceable by or is enforced by a court in that
country or state.
Enforcement in Scotland and Northern Ireland
14. This order shall have effect in the law of Scotland and Northern
Ireland, and may be enforced there, if it is registered under the
Proceeds of Crime Act 2002 (Enforcement in Different Parts of the
United Kingdom) Order 2002.
Assets located outside England and Wales
15 Nothing in this order shall, in respect of assets located outside
England and Wales, prevent any third party from complying with —
a) what it reasonably believes to be its obligations,
contractual or otherwise, under the laws and obligations of
the country or state in which those assets are situated or
under the proper law of any contract to which it is a partly:
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b) any orders of the courts of that country or state, provided
that reasonable notice of any application for such an order
is given to the Prosecutor:
unless those assets are situated in Scotland or Northern Ireland, in
which case this order must be obeyed there.
UNDERTAKINGS
15. Royal Mail Group plc gives to the court the undertakings set out in
Schedule B to this order.
DURATION OF THE ORDER
16. This order will remain in force until it is varied or discharged by a
further order of this court.
INTERPRETATION
17. Reference to the “Defendant”? means Hugh Noel Thomas.
Reference to an asset belonging to the defendant includes property
in which the defendant has an interest and any property to which
the defendant has a right
18. A period of time expressed as a number of days shall be computed
as clear days as defined in rule 57.2 of the Criminal Procedure
Rules 2005.
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COSTS
19. The costs of this order are reserved.
COMMUNICATIONS WITH THE COURT
All communications to the court about this order should be sent to the
Crown Court Croydon, Altyre Road Croydon CR9 5AB quoting the case
number. The office is open between 10am I and 4:30pm Monday to
Friday. The telephone number i is. “GRO
ADDRESS OF THE PROSECUTOR FOR SERVICE AND ANY
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COMMUNICATION IN RESPECT OF THESE PROCEEDINGS
All communications to the Prosecutor about this order should be sent to
Criminal Law Team Royal Mail Group plc 6a Eccleston Street, London
SW1W 9LT quoting the Defendant’s name. Royal Mail Group plc is open
between 9am and 5pm Monday to Friday.
COURT STAMP
CROYDON CROWN COURT
Before His Honour Judge Macrae
Upon Hearing the applicant it is ordered that this Restraint Order
continue in force until further order
Dated this 7'* day of November 2006
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SCHEDULE A
WITNESS STATEMENTS
(1) Witness Statement of Michael Francis Matthews. Dated the 7"
November 2006
SCHEDULE B
UNDERTAKINGS GIVEN TO THE COURT BY THE PROSECUTOR
(1) The Prosecutor will serve upon the Defendant and Eira
Vaughan Thomas:-
(a) acopy of this order; and
(b) acopy of the witness statement containing the evidence
relied upon by the Prosecutor, and any other documents
provided to the court on the making of the application.
(2) Anyone notified of this order will be given a copy of it by the
Prosecutor.
(3) The Prosecutor will pay the reasonable costs of anyone other
than the Defendant and Eira Vaughan Thomas which are
incurred as a result of this order including the costs of finding
out whether that person holds any of the Defendant's assets,
save that the Prosecutor will not without an order of the court
be obliged to pay any legal or accountancy costs so incurred
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unless the Prosecutor first gives its consent in writing.
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