POL00067110 - Letter from Tom Cleary of Frisby & Co Solicitors to Debbie Helszajn of Royal Mail Re R v Carl Page

Evidence on official site

POL00067110
POL00067110

- FrisoyetCo

solicitors

andrew.brcome Our ref: TOILE
simon.belfield@
tom.cleary(
Your ref: CRM/239850
Date: 23 May 2005

By Fax & Post :}

For the attention of : Debbie Helszajn

Criminal Law Team
Royal Mail
Legal Services

Dear Ms Helszajn

RE: RvCARL PAGE
STAFFORD CROWN COURT

We refer to your letter dated 20 May 2005 and subsequent telephone conversation this
morning between you and Mr. Cleary of our office.

As discussed we were somewhat surprised to receive Mr. Cottiers response given the
spirit and substances of the recent directions hearing. It appears to us that Mr. Cottier
has in stark terms refused to attend upon the court with his papers as directed by the
earned Judge with the acquiescence of the prosecution. In the circumstances of the
sCrown’s refusing to call Mr. Cottier, the Judge was clearly of the view that it would be
proper for him to attend with his papers. We therefore have no alternative but to obtain a
Court Order compelling Mr. Cottier to attend upon the Court with all Custom & Excise’s
papers in relation to this matter.

seeevseveecoreesevers soveeed
Partners Consultant Practice Manager 26 EASTGATE STREET, STAFFORD
‘Andrew W Broome Peter A C Frisby Judith A Read ST16 212
Kevin Downes Tom Cleary * T 1
David Wassell Associate Conveyancing Executive F

Simon C Belfield Elizabeth A Thompson Sylvia Bullock
DX14564 Stafford

‘Andrew Broome is a Supervisor for serious fraud appointed by the Legal Services Commission.
Kevin Downes is a member of the Family Law Panel

This firm is regulated by the Law Society
* Non solicitor

BefnESevicw

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Frisby&tCoff

solicitors

ugh we have to say we regret the tirne and expense the court will now be put to
fen the Crown clearly agreed that this request was appropriate both by their express
igreement and or their lack of objection. In an attempt to save time and expense we
request you to re-contact Mr. Cottier and endeavour to impress upon him to attend upon
Court with all his papers. We would appreciate an answer to our request with 48 hours
of receipt of this letter.

Should we fail to receive such confirmation we will be forced to list the matter for the
appropriate order to be made and hereby put you on notice as to the potential for a
wasted costs order against you.

Although the court held that Mr. Cottiers evidence was not primary, we still maintain
that there was a significant degree of interaction between the two enforcement
‘authorities of Royal Mail and Customs & Excise, which on the information we presently
hold may either assist the defence’s case and or undermine that of the prosecution. As
such, the failure of Mr. Cottier to disclose these papers is in our view potentially an
abuse of process, especially given the Judges direction that they be disclosed and an
acceptance by your Counsel at the hearing on 13‘ May that this was appropriate.

Finally, on the issue of admissions, we consider at the present time, we are not in a
position to make any further admissions.

We look forward to hearing from you soon.

Yours. sincerely

Tom Cleary

FRISBY & CO SOLICITORS —

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