POL00054727 - Financial Investigations Events Log (Robert Daily & Juliet McFarlane) - Jesmond PO

Evidence on official site

Financial Investigation Events Log

Robert Daily Juliet McFarlane (no Case file yet)

POL00054727
POL00054727

These papers refer to a £46,049.16 shortage realised during audit
at Jesmond Sub Post Office Branch (SPOB) on Thursday 18"
September 2008 and my subsequent interview with Mr Peter
Anthony Holmes, Post Office Manager. The facts of the case are
as follows:

On Thursday 18" September 2008 Post Office Ltd Auditors Mike
Webb, Mick Renshaw and Dave Longbottom carried out an audit
at Jesmond SPOB. Mr Webb reported a £46,049.16 shortage in
the accounts.

On Friday 19 September 2008 Mr Holmes was cautioned and
interviewed

The search of Mr Holmes’ home produced several financial
documents that were seized.

3 x Horizon receipts - Barclays Cash Deposits £200 (10/09/08),
£500 (15/09/08), £500 (17/09/08)

Horizon Transaction Log 07/08/08 — Jesmond Post Office
Barclays Deposit Book — Joint Account

Barclays Current Account Statements

Barclays Bank Giro Credits

Questions were put to Mr Holmes regarding the £46,053.01
shortage discovered at audit. Mr Holmes said the auditors found
that there were two cash declarations made, and that one was
around £46,000 out. Mr Holmes stated he had no idea what
happened to the money, adding it may have been the Horizon
system. He further stated nobody in the office had stolen the
£46,000. He then said he didn’t have it, it wasn’t in his bank
account. He further said he had spent too many years in the
Police force seeing things go wrong, to start stealing money
from anyone.

Mr Holmes stated one of the cash declarations was done to

Date Events Initials
09/06/09 1. Suspects name: Peter Anthony HOLMES GH
2. Suspects Position held: Post Office Manager (not the Sub-
Postmaster)
3. Enquiry type: Audit shortage
4. Loss: £46,049.16
5. Office: Jesmond
6. Branch Code: 475/329
7. Address of Office: St Georges Terrace, Jesmond, Newcastle-
upon-Tyne
8. Suspects Home addres:
9. shop.
{ GRO :
09/06/09 I Case Summary: GH

cover up the fact, that the office was short in cash. He said the
shortage was initially £4,000 or £5,000 about 6 or 9 months
previous (January or March), and had gone up by £3,000 or
£4,000 a month. Mr Holmes further stated he didn’t realise how
much the shortage had risen to. Mr Holmes admitted he made
the second cash declaration.

Mr Holmes said he didn’t tell Mr Khanna or his brother as it
would cause trouble. He further said he didn’t get on with Mr
Khanna’s brother Anil.

Mr Holmes admitted to producing false accounts for a period of
6 to 9 months. He also admitted he knew it was a criminal
offence to produce false accounts. He denied he had stolen it.

Mr Holmes stated his wife’s business takes in £200 to £300 a day
and up to a £1,000 on Saturdays. He further said the money
goes into their Joint Account as it gives more interest than the
business account.

He said the deposits at Jesmond SPOB are made by him, while
the deposits at Brunton Park SPOB are made by his wife. Mr
Holmes stated Brunton Park SPOB is next door to his wife’s
business.

Mr Holmes said the deposits he makes at Jesmond SPOB are

legitimate. He denied making deposits and not putting the
money in the till.

purchased in
1997 for £73,000 on a 17 year repayment mortgage, and has
approximately £40,000 outstanding. The monthly repayments are
unknown as is the current value of the property. Mr Holmes took out
a £20,000 loan in 1997 to be repaid over a 15 year period. Further
details are included on the Financial Evaluation sheet at Appendix B.

Mr Sunil Khanna (the SPMR) has made arrangements with Retail Line
to repay the £46,049.16 shortage in full.

The loss to Post Office Ltd currently stands at £36,400.

For section 18 statements sent to LS and Investigators.

Please find attached a section 18 request to be served on the
defendant should he plead or be found guilty in a crown court.

We need to ensure that our agents ask for confiscation and ask for
compensation, and that they request the compensation be deferred to
the outcome of any future confiscation hearing.

With an outstanding amount for £46,049.16 the court may "
incorrectly" at an early time agree confiscation and compensation and
make an order at the time of the hearing without waiting for a financial
report (I say incorrectly because this offence falls into the category of
"General Criminal Conduct" and as such it would be impossible at this
point for the court to agree the defendant's total benefit from crime).
In this case the section 18 need not be served and a benefit,

POL00054727
POL00054727

POL00054727
POL00054727

confiscation and compensation figure of £46,049.16 should be sought.

If there is any other way I may assist please do not hesitate to contact
me

07/09/09

From Juliet.

The defendant wants the charges changed from theft to false
accounting and states that he does not have any money to pay the
loss figure back.

GH

07/09/09

H GRO { the property is owned by the
suspect lease hold the mortgage is with Barclays and is
for less tha
© LRS275¢ -!
the property is the freehold not held by suspect
« — LRS275d -!
— retum is i

lease hold there i:
¢  LRS275f =!

{GRO:- not th
« =[RS275g -

{GRO}- return is in the post.

GH

19/01/10

Informed by Robert Dailly that the suspect pleaded guilty in December
to false accounting. Section 18 served at that time. Info. from Juliet
McFarlane that a response to the section 18 has been received.
Requested that it is forwarded to me. Also received the information
held by HMRC (forwarded by Robert Dailly). This to be examined as
well as the s18 response when received. Due to be sentenced next
week.

PS

21/01/10

Defendant to be sentenced on 29/01/10. Robert Dailly informed of the
requirements for the confiscation timetable.

PS

02/02/10

Email from Robert Daily

Peter Holmes, ex Manager Jesmond PO appeared at Newcastle

i were
taken into consideration and he was gi ity Order'in way
of a curfew from 19.00 hours to 07.00 hours for 3 months.

The Financial Investigation is ongoing with a hearing set for 14/05/10
(Sect 16 12/03/10)

GH

19/02/09

REGINA v PETER ANTHONY HOLMES
CASE NO: POLTD/0809/0128

The above named Defendant appeared at Newcastle Crown Court on 29"
January 2010. Having pleaded Guilty on the 22" December 2009, the Court
imposed the following Sentence:-

The Defendant also accepted 9 TIC’s which were taken into account by the
Court when passing Sentence.

There was no order for costs or compensation.

The Defence to respond to Section 18 request within 6 weeks.

The case has been adjourned to the 14 May 2010 for Confiscation
proceedings.

GH

30/03/10

Email to CLT
I have reviewed this case and find that we have dropped the theft
charge and successfully prosecuted the 3 counts of false accounting.

GH

As this defendant is a sub-postmasters assistant (office manager) and
his contract is with the sub-postmaster and not us I find it difficult to
quantify the benefit figure in this case. I believe that we should
withdraw from the confiscation process and that recovery for POLTD
should be through the sub-postmasters contract and for the sub-
postmaster through the civil courts for compensation based on any
contract that they believe is enforceable.

Please withdraw from the confiscation process.

30/03/10

Close case

GH

20/04/10

« Handed case over to Paul Southin
e Close case

GH

POL00054727
POL00054727