POL00057362 - Lynette Hutchings Case Study: POL v Lynette Jane Hutchings - Advice

Evidence on official site

POST OFFICE LTD
-V-

LYNETTE JANE HUTCHINGS

ADVICE

1. Prosecution Case.

On 30" March 2011 an audit was carried out at the Rowlands Castle sub Post
Office branch which revealed a deficit in the accounts of £9,743.76, The audit
had been arranged after the branch failed to return £30,000 as requested,
returning only £14,000. When errors in favour and against the branch were
subsequently processed, the outstanding debt at the branch was found to be

£10,814.83.

There is very strong evidence to support the allegation that Mrs. Hutchings
had inflated the amount of cash held within the branch, usually by inflating
the figure for cash held in £50 notes, on the days upon which Branch Trading
Statements were completed. It would appear that deficits in the accounts
were covered up in this manner for some considerable period of time. The
ONCH data goes back as far as 27" December 2009 and suggests that the

fraud has been going on at least as far back as 13" January 2010.

In interview on 20" April 2011 a prepared statement was read out by Mrs.
Hutchings’ solicitor following which Mrs Hutchings exercised her right to
silence. In her prepared statement she admitted to altering the cash
declarations and suggested that she had done so only since the migration to

Horizon Online, which she thought was around the months of May or June

POL00057362
POL00057362
2010. (The migration date was in fact 5" July 2010) Furthermore she said that
at the time of migration, all accounts balanced which was clearly untrue. She
also gave examples of problems which she alleged she had experienced with
the Horizon system, which do not appear to be of any relevance. Whilst Mrs.
Hutchings has denied stealing any money, she has not put forwards any

explanation as to how the deficit has arisen.

2. Defence Case.

It is not known whether Mrs. Hutchings will admit or deny any wrongdoing
in due course. However given the evidence and the admissions made by Mrs
Hutchings in her prepared statement, it is difficult to see how she could
successfully argue that her actions had not been dishonest and that she had
not had the relevant intention to make a gain, cause a loss or expose the Post

Office to a risk of loss.

3. Statements.

I have seen the memo of 17" June 2011 from Jarnail Singh to Graham Brander
and note that numerous statements have since been taken. No further

statements need be taken at the present time.

4, Charges.

Mrs. Hutchins should be charged with a single offence of fraud between 13"
day of January 2010 and 30" March 2011. Rule 14.2(2) of the Criminal
Procedure Rules 2005 provides that “more than one incident of the
commission of the offence may be included in a count if those incidents taken
together amount to a course of conduct having regard to the time, place or

purpose of commission.”

POL00057362
POL00057362
Martin J Smith,
Solicitor,
Cartwright King,
Majority House,
Lodge Lane,
Derby.

4" January 2012

POL00057362
POL00057362
POST OFFICE LTD
-V-

LYNETTE JANE HUTCHINGS

PROPOSED CHARGE

1. Fraud, contrary to section 1 of the Fraud Act 2006.

LYNETTE JANE HUTCHINGS between 13" day of January 2010 and 30"
March 2011 dishonestly and intending thereby to make a gain for herself or
another, or to cause loss to another or to expose another to a risk of loss made
a representations to the Post Office Ltd which was and which she knew was
or might be untrue or misleading, namely that the amount of cash held at the
Rowlands Castle Sub Post Office Branch was higher than it actually was
thereby concealing losses, in breach of Section 2 of the Fraud Act 2006.

POL00057362
POL00057362