Memo
29" March 2012
Post Office Security
c.c. Jason Collins
Paul Southin
Press Office
REGINA v SEEMA MISRA
GUILDFORD GROWN COURT
CONFISCATION PROCEEDINGS ~ 23 APRIL 2012
CASE NO: POLTD/0708/0249
The above named Defendant attended Guildford Crown Court to make an
application to vary the Confiscation Order. The case was heard before His
Honour Judge Steward (the Trial Judge). The prosecution was conducted by
Counsel Mr Warwick Tatford and the Defendant was not represented.
Prior to the hearing the Defendant handed over a bundle of papers to the Court
and also copied to the prosecution. Although there had been correspondence
before the hearing which showed that the Defendant had an equity available to
pay the Order in the sum of £21,000 from the sale of the property, she came to
Court with the papers from the Mortgage Company Woolwich which show the
property was sold for less and there was no equity or money left whatsoever to
pay the Confiscation Order made by the Court.
When the matter went before the Court representation was made by the
prosecution that they have only just received the papers from the Defendant
and are disappointed as they had no chance to investigate the information given
to them. They should be given the proper opportunity to investigate the new
information and then subsequently agree the figures before the Court should
vary the Order. On the last occasion the prosecution gave the Defendant
considerable allowance. Indeed the benefit figure was £83,000 and although
the available amount was only £40,000 being the likely equity from the property.
It was also pointed out that Post Office Limited has priority over the substantial
tax bill which the Defendant owes.
The Judge requested that the Defendant provide all the information which is
requested by the prosecution. The case was adjourned in respect of default of
agreement until the 23" April 2012.
The Financial Investigation Officers will investigate the figures and the
information provided by the Defendant. If there is no agreement then the matter
will be listed for hearing at Guildford Crown Court on the 23” April 2012.
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Memo
Cont...
I therefore await to hear from the Financial Investigation Officers as to their
findings and then hopefully the matter can be agreed.
If I can be of any further assistance please do not hesitate to contact me.
Jarnail Singh
Senior Lawyer
Criminal Law Division
Ref: CRM/258932/JSX
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