Memo
6" January 2006
Investigation Team Post Office Limited
c.c. Diane Matthews
ROYAL MAIL GROUP pic vy HUGHIE NOEL THOMAS
BAILED TO HOLYHEAD POLICE STATION - 10 JANUARY 2006
CASE NO: POLTD/0405/0401
Please see minutes from Diane Matthews of the 25" October and 12”
December 2005.
In my opinion the evidence is sufficient to afford a realistic prospect of
conviction of the above named on the charges set out on the attached
Schedule. It is considered that there is a medium prospect of success as
the Defendant appears to claim that the loss was due to irregularities with
the Horizon system. Records obtained to date would tend to refute this.
I have noted the schedule of user codes on file. Could the Officer advise
whether this is a current list.
In view of the nature of the offence prosecution is appropriate in this case.
This case is, in my opinion, more suitable for trial in the Crown Court.
I note that the Defendant is due to re-attend at Holyhead Police Station on
the 10" January 2006. Presumably at that stage he will be charged with
the offence which 1 have suggested. Clearly a decision to be prosecuted will
have to be taken before the Defendant’s return bail date but this advice is
based on the assumption that that would in fact take place.
It is of course absolutely essential that all relevant paragraphs of Security
Community Circular 8 of 99 are adhered to.
It is likely that the matter will be in Court shortly after the 10" January
2006. It is important that the Officer liaises with our Agents Messrs Hill
Dickinson, Solicitors, 34 Cuppin Street, Chester, CH! 2BN (Telephone No.
~ as to the hearing date so that arrangements may be
made for the prosecution to be represented at Court.
No further statements need be obtained at this stage.
If the Defendant should elect trial or if the Magistrates refuse jurisdiction or if
a Not Guilty plea is entered, the Officer should obtain and associate all
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Memo
Cont...
necessary statements and exhibits. I list below the statements which appear
to be necessary in this case, but the Officer should also consider whether
there are any other areas which can usefully be covered and include any
such evidence.
1 Copy statement dealing with the Defendant’s appointment as
Subpostmaster and describing his duties.
2 A statement explaining the accounts dealing with how weekly accounts
are prepared and balanced, describing the Horizon system and how
shortages should be dealt with.
3 Copy statement explaining the on-line banking system in particular how
nil transactions occur and how they were analysed in this particular
case. Documentary records should be produced.
4 Copy statement dealing with contact with the Helpline explaining what,
if any, contact the Defendant made re Horizon difficulties.
5 A statement from the Auditor dealing with the audit and findings.
6 Copy statement from Interviewing Officers.
In this event, please prepare one set of typed copies of those statements
and exhibits. Please also prepare typed draft lists of statements and exhibits
(statements to appear in chronological order and exhibits in the same order
in which they are produced by the witnesses). A separate typed list of
witnesses, showing their addresses, should also be supplied.
You will be aware of the provisions of the Criminal Procedure and
Investigations Act 1996 concerning disclosure. 1 would refer you particularly
to paragraph 4.10 of the Security Community Codes of Practice and also to
paragraph 5 (5.1 - 5.3) of the Codes. Please let me have the necessary
information on Forms CSOO6C, D and E in that event. The schedules must
be signed. If you need any assistance in this respect please contact me.
As we are now required to serve the prosecution papers on the Defence at
least 14 days prior to committal, it is essential that we receive them at least
21 days before the proposed committal proceedings or summary trial date. If
we are not in a position to proceed on that hearing date, we may face a
wasted costs order.
1 will make application for compensation in the sum of £48,454.87.
‘As stated above the prosecution will be conducted by my Agents Messrs
Messrs Hill Dickinsan.Salicitars, 34 Cuppin Street, Chester, CH! 2BN
(Telephone No. GRO Please liaise with Agents prior to fixing
a hearing date.
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Memo
Cont.
The file should be returned to me so that I may send formal instructions to
Agents.
J A McFarlane
Principal Lawyer
Criminal Law Division
juliet.mcfarlane, GRO
Ref: CRM/251167/JMcF
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