POL00058361 - Khayyam Ishaq case study: Brief for the Prosecution (In the case of R v Khayyam Ishaq)

Evidence on official site

IN THE CROWN COURT AT BRADFORD

BETWEEN
REGINA

KHAYYAM ISHAQ

BRIEF FOR THE PROSECUTION

Counsel: Simon Clarke

Cartwright King Solicitors

Dx 10032 Nottingham

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Counsel has herewith:-
1. Committal Papers (including Indictment, Witness Statements, Exhibits
and Unused Material Disclosure Schedule)
Antecedents
Case Summary
Advice of Martin Smith of 234 March 2012
Draft Order - $18 Proceeds of Crime Act 2002

a 9 fF YS N

Witness Availability

Case History and Pleas

Those instructing act on behalf of the Post Office Ltd in connection with the

Prosecution of Mr. Khayyam Ishaq.

Mr. Ishaq appeared before the Bradford Magistrates Court on 30'* May 2012. He
gave no indication of his plea and the magistrates deemed the case unsuitable
for summary trial. The case was adjourned for the preparation of committal
papers and the committal hearing took place on 25'* July 2012. Mr. Ishaq was
granted unconditional bail until 4! September 2012. The original witness

statements were handed to the court clerk during the committal hearing.

Unusual Case Features

Counsel will find full details of the case in the papers herewith.

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Before the hearing on 25th July 2012 Mr. Ishaq’s solicitor said that the case
would be contested. His client had told them that there must have been an error
in the accounting system and that the money would be in the accounts
somewhere. Mr. Ishaq’s solicitor also commented that everyone had heard
about the problems with the Horizon system and that they would probably

instruct a forensic expert.

By letter of 6* August 2012 the Defendant's solicitors asked for a copy of the
unused schedule. Further copies of the Schedule of Non-Sensitive Unused
Material and of the covering letter of 12'* July 2012 to which the schedule had
been attached were sent by DX on 8'* August 2012. No Defence Statement has

been received and nothing further has been heard from Mr. Ishaq’s solicitors.

The officer in the case, Stephen Bradshaw, has been asked to consider whether
the Overnight Cash Holdings Data and transaction data may also be used to

show that the stamp sales reversals were not genuine.

Instructions

Counsel is instructed to represent the Post Office Ltd in connection with the
prosecution of Khayyam Ishaq and in the event of a guilty plea being entered or
upon Mr. Ishaq being found guilty, to seek compensation through confiscation

proceedings and, of course, costs.

Should Counsel require any further information he should not hesitate to

contact Martin J Smith of those instructing.

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Bradford Crown Court
4th day of September 2012

Regina
-vV-

Khayyam Ishaq

BRIEF FOR THE
PROSECUTION

Counsel:

Sarah Porter

Cartwright King
Ref: MS2/2467624676

17 August 2012