POL00113109_020 - Note entry for case 29560. Extract from bundle: POL v Ennonsel Joseph
POL00113109_020
POL00113109_020
Note Entry for Case 29560
Account Ref : P00830-40-0 User: FR1 Fernando
Rodrigues
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: NONE
Date : 11/01/2013 00:00
Summary
Prep and perusal of advice and statement of fact. part prep
Detail
Prep and perusal of advice and statement of fact. part prep of AD and copying x 4.
Statement of facts and interviews copied. No statements on file and exhibits have
not been exhibited in any way.
PREP & PERUSAL 1:48
Total Time 1:48
Note Entry for Case 29560
Account Ref : P00830-40-0 User :
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: NONE
Date : 10/12/2012 00:00
Summary
updating spreadsheet with new info
Detail
updating spreadsheet with new info
PREP & PERUSAL 0:12
Total Time 0:12
RP2
POL00113109_020
POL00113109_020
Rachael Panter
POL00113109_020
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Andrea Gignac
To: martin smith; Andrew Bolc
Ce: Rachael Panter
Subject: RE: Post Office Ltd - 29560 - Prosecution of Ennonsel Joseph
Please watch the amounts of time recorded to these "straight forward" cases, we are expected to
apply a quick fix to them whilst minimising risk!
From: martin smith
Sent: 22 November 2012 14:39
To: Andrew Bolc
Cc: Rachael Panter; Andy Cash
Subject: Post Office Ltd - 29560 - Prosecution of Ennonsel Joseph
Andrew,
Jarnail has phoned me. John Scott has authorised prosecution in this case. Jarnail therefore
proposes to send the green file to Maureen in Salford to arrange for the summons to be issued. In
the meantime can we prep the case summary and AD bundle and send copies to him for the
court, Probation and Defence. He is aware that he will need to insert a copy of the summons into
each bundle in due course. He will deal with the hearing at Chelmsford Magistrates Court.
T anticipate that we will be able to prep the AD bundle from the copy of the green file. Jarnail tells
me that no further evidence has been obtained since you advised Andrew. We will need to ensure
that he has a list of the investigation costs and details of our charges. Andy Cash and Kat have
been working on providing this information for billing purposes in excel format which would be
better and quicker than blanking out various columns on the Billing Report.
Martin.
Martin Smith
marti
martin,
CartwrightKing
a eee]
Nottingham { Birmingham I Derby I Leicester! Sheffield I Newcastle Gateshead
Majority House, 51 Lodge Lane, Derby, DEI 3HB
www.cartwrightking.co.uk W @CartwrightKing
This message is confidential and may contain legally privileged information. If you have received this in error please delete
1
POL00113109_020
POL00113109_020
this message and let us know by email or telephone. A list of directors is available at each office. Authorised and regulated by
the Solicitors Regulation Authority No: 312459, VAT Registration No: 737837295.
Andrea Gignac
POL00113109_020
POL00113109_020
To: Andrew Bolc
Ce: Rachael Panter; Andy Cash
Subject: Post Office Ltd - 29560 - Prosecution of Ennonsel Joseph
Andrew,
Jarnail has phoned me. John Scott has authorised prosecution in this case. Jarnail therefore
proposes to send the green file to Maureen in Salford to arrange for the summons to be issued. In
the meantime can we prep the case summary and AD bundle and send copies to him for the
court, Probation and Defence. He is aware that he will need to insert a copy of the summons into
each bundle in due course. He will deal with the hearing at Chelmsford Magistrates Court.
J anticipate that we will be able to prep the AD bundle from the copy of the green file. Jarnail tells
me that no further evidence has been obtained since you advised Andrew. We will need to ensure
that he has a list of the investigation costs and details of our charges. Andy Cash and Kat have
been working on providing this information for billing purposes in excel format which would be
better and quicker than blanking out various columns on the Billing Report.
Martin.
Martin Smith _
martin.sm i
marti i
Direc
CartwrightKing
teens so se Tro es aman
Nottingham I Birmingham I Derby I Leicester} Sheffield I Newcastle Gateshead
Majority House, 51 Lodge Lane, Derby, DEI 3HB
www.cartwrightking.co.uk W @CartwrightKing
This message is confidential and may contain legally privileged information. If you have received this in error please delete
this message and let us know by email or telephone. A list of directors is available at each office. Authorised and regulated by
the Solicitors Regulation Authority No: 312459. VAT Registration No: 737837295.
POL00113109_020
POL00113109_020
Subject:???2???????????ererrrere? RE: Ennonsel Joseph Cold Norton PO POLTD / 1213/0031
Andrew
Thank you for your advise.! confirm authority to prosecute has been obtained. I have returned the
investigation file to Maureen Moors to issue the summons as per your advise.
I will prosecute once the summons has been issued. Please prepare advance information pack for service on
the court, defence and probation and prosecution copy Look forwarded to receiving these from you shortly.
Thanks
Jarnail
Jarnail Singh I Criminal Lawyer
®
©
Ps
©
© Jarnail.a.singh@
@® Post Office stories
@ @postofficenews
Sent: 13 November 2012 10:42
To: Jarnail A Singh .
Cc: ‘post.office.securityG } Darrell Kennedy; Rachael Panter; Andy Cash
Subject: Ennonsel Joseph Cold Norton PO POLTD / 1213/0031
Dear Sirs,
Please find enclosed Letter of advice, proposed charge and statement of facts prepared in
this case.
Regards
Andrew Bole
andrew.bolc@ G RO
andrew.bolc@.
Direct:
POL00113109_020
POL00113109_020
CartwrightKing
Nottingham I Birmingham I Derby ! LeicesterI Sheffield I Newcastle Gateshead
Permanent House, 31 Horsefair Street, Leicester, LE1 5BU
www.cartwrightking.co,uk ‘ef @CartwrightKing
This message is confidential and may contain legally privileged information. If you have received this in error please delete
this message and let us know by email or telephone. A list of directors is available at each office. Authorised and regulated by
the Solicitors Regulation Authority No: 312459. VAT Registration No: 737837295.
$8 RIATION INIA INDI III IDI IID II III III III
This email and any attachments are confidential and intended for the addressee only. If you are not the
named recipient, you must not use, disclose, reproduce, copy or distribute the contents of this
communication. If you have received this in error, please contact the sender and then delete this email from
your system.
ROYAL MAIL GROUP LIMITED registered in England and Wales at 100 VICTORIA EMBANKMENT,
LONDON EC4Y 0HQ with the registered company number 04138203
POST OFFICE LIMITED registered in England and Wales at 148 OLD STREET, LONDON EC1V 9HQ with
the registered company number 02154540
Je AI IO IO ISO SOOO IIIS RII ISAO BIO I IODA II ITO AIA IISA IDI ATI
POL00113109_020
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Note Entry for Case 29560
Account Ref : P00830-40-0 User: MS2_ Martin J Smith
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: NONE
Date : 22/11/2012 00:00
Summary
Call from Jarnail - Please see e-mail to AB for details.
Detail
Call from Jarnail - Please see e-mail to AB for details.
TELEPHONES 1
Total Time 0:00
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Note Entry for Case 29560
Account Ref : P00830-40-0 User: RP2 Rachael Panter
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: NONE
Date > 19/11/2012 00:00
Summary
updating spreadsheet
Detail
updating spreadsheet
PREP & PERUSAL 0:06
Total Time 0:06
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Andrea Gignac
To: Andrew Bolc
Subject: RE: Ennonsel Joseph Cold Norton PO POLTD / 1213/0031
Andy your missing the attachment.
Cheers
Rachael
From: Andrew Bolc
Sent: 13 November 2012 10:42
To: ‘Jarnail A Singh’
Ce: 'post.office.security!”
Subject: Ennonsel Josep
‘darrell.kennedy¢
POLTD / 1213/0031
Rachael Panter; Andy Cash
Dear Sirs,
Please find enclosed Letter of advice, proposed charge and statement of facts prepared in this
case.
Regards
Andrew Bolc
andrew.bolc
andrew. bole
Direc
CartwrightKing
a eee et
Nottingham I Birmingham I Derby I Leicester} Sheffield I Newcastle Gateshead
Permanent House, 31 Horsefair Street, Leicester, LE] 5BU
www.cartwrightking.co.uk
This message is confidential and may contain legally privileged information. If you have received this in error please delete
this message and let us know by email or telephone. A list of directors is available at each office. Authorised and regulated by
the Solicitors Regulation Authority No: 312459, VAT Registration No: 737837295.
Andrea Gignac
POL00113109_020
POL00113109_020
To: Jarnail A Singh
Ce: ‘post.office.security@ _ ; darrell. kennedy
Panter; Andy Cash
Subject: Ennonsel Joseph Cold Norton PO POLTD / 1213/0031
Dear Sirs,
Please find enclosed Letter of advice, proposed charge and statement of facts prepared in this
case.
Regards
Andrew Bolc
CartwrightKing
err eee ee)
Nottingham { Birmingham I Derby I Leicester} Sheffield I Newcastle Gateshead
Permanent House, 31 Horsefair Street, Leicester, LE] 5BU
Ww @CartwrightKing
www.cartwrightking.co.uk
This message is confidential and may contain legally privileged information. If you have received this in error please delete
this message and let us know by email or telephone. A list of directors is available at each office. Authorised and regulated by
the Solicitors Regulation Authority No: 312459. VAT Registration No: 737837295.
Note Entry for Case 29560
Account Ref : P00830-40-0 User: AB2
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: FILE NOTE
Date > 13/11/2012 00:00
Summary
Drafting letter of advice, statement of facts and proposed c
Detail
Drafting letter of advice, statement of facts and proposed charge
PREP & PERUSAL 1:00
Total Time 1:00
POL00113109_020
POL00113109_020
Andrew Bolc
POL00113109_020
POL00113109_020
Note Entry for Case 29560
Account Ref : P00830-40-0 User: RP2 Rachael Panter
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: NONE
Date > 13/11/2012 00:00
Summary
updating spreadsheet
Detail
updating spreadsheet
PREP & PERUSAL 0:06
Total Time 0:06
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Private and Confidential
Jarnail Singh Permanent House
Legal & Compliance 31 Horsefair Street
eicester
148 Old Street LE1 5BU
London
ECIV 9HQ
Date: 12 November 2012
Our Ref: AB2/29560
Your Ref: POLTD /1213 / 0031
Dear Sir,
Post Office Limited v Ennonsel Joseph
In my opinion there is sufficient evidence to afford a realistic prospect of conviction of the
above named on the charge set out on the attached schedule. In light of the admissions in
interview relating to the creation of false accounts, the prospects of success are good.
Although Mr Joseph did not accept that his actions were dishonest, the inescapable
inference to be drawn from the facts is that in trying to hide the true financial picture at
the branch from the Post Office, he knew that he was acting dishonestly.
In view of the serious nature of the offence, and the sum involved, some of which I
understand remains outstanding, this matter is not suitable for caution and therefore
should be prosecuted.
Given a maximum sentence of 6 months in the Magistrates Court for a single offence this
case is not suitable for summary trial.
Following discussion with the Post Office investigator in this matter I am aware that there
are considerable concerns about the manner in which the audit was conducted and the
lack of integrity around the exhibits arising, particularly the remittance pouches. Given
the admissions above, it may be that this does not become an issue in the case. Having
said that, if this aspect of the case is challenged specifically then the matter may need to
be reviewed again. In the meantime, I would recommend that a full statement from the
investigator dealing with his enquiries be prepared, exhibiting the record of interviews
and setting out in layman’s terms the procedure for the remittances of cash from a branch
In the event that the matter is contested, I would advise an additional statement be
obtained from the Contracts Manager regarding the accounting procedures to be followed
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at a Post Office branch, and exhibiting the relevant section of the sub postmasters contract
relating to losses and the maintenance of accounts.
Please feel free to contact me if there are any queries in relation to the above.
I return the original file for your attention.
Yours sincerely
Andrew Bolc
Solicitor
Direct Dial:
andrew.bol
POL00113109_020
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POST OFFICE LIMITED
Vv
ENNONSEL DOMINIC SAVIO JOSEPH
PROPOSED CHARGE
1. Fraud, contrary to section 1 of the Fraud Act 2006
Ennonsel Dominic Savio Joseph between 17'* September 2011 and
31* May 2012, dishonestly and intending thereby to make a gain
for himself or another or expose another to a risk of loss, made
representations to Post Office Limited, which were and which you
knew were or might be untrue or misleading, namely by inflating
the cash on hand and stock figures on Post Office Limited
accounting systems and documents to conceal a shortfall of
£77905.02, in breach of section 2 of the Fraud Act 2006
POL00113109_020
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Note Entry for Case 29560
Account Ref : P00830-40-0 User: RP2 Rachael Panter
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: NONE
Date : 12/11/2012 00:00
Summary
Email from Jarnail chasing an advice on the case, AJC called
Detail
Email from Jarnail chasing an advice on the case, AJC called to tell me case
number, inputting details onto spreadsheet
PREP & PERUSAL 0:12
Total Time 0:12
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POST OFFICE LIMITED
Vv
ENNONSEL DOMINIC SAVIO JOSEPH
SUMMARY OF FACTS PREPARED IN ACCORDANCE WITH
THE CRIMNAL PROCEDURE RULES 2011
The defendant (DOB “I aged 34, was the sub postmaster at
the Cold Norton Post Office, Chelmsford. He had been in service
with Post Office Limited since June 2009. The office is a small sub
post office inside a convenience store also owned by the
defendant. A routine audit was conducted on the 31st May 2012,
which identified a short fall of cash and stock of £77905.02.
The defendant was present from the outset of the audit, when he
was asked to place all the cash and stock for audit on the counter,
and confirm that the safe was empty. However during the
subsequent procedure, the defendant introduced a further £5000 in
£20 notes, which he stated had been in the inner safe. This was
added to the cash for audit. Empty remittance pouches ( normally
used to send excess cash held at the office back to the cash centre)
to the value of £50000 were recovered. System analysis showed
another £15000 to have been sent but not received. Later during
interview the defendant admitted that these had been created and
scanned into the computerised accounting system to help create a
false account. Together with further discrepancy shortfalls in the
cash on hand, foreign currency and stock figures the total came to
£77905.02.
Interview
As a consequence of the audit, Post Office investigators were
assigned to the case and invited the defendant for interview under
caution on the 6" June 2012.
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The defendant stated that between November 2011 and May 2012
he* “ito the extent that it was
affecting his ability to work. He had I
handled the day to Oday b transactions and his father was
responsible for the cash in the safe, although he was not a Post
Office employee. Approximately one week before the audit (at
least before 234 May 2012 by the date on the pouches) he had
checked the cash at Cold Norton following a call from the cash
management centre re a cash shortage. He discovered a shortage
of £80-85K. He spoke to his father about the matter who admitted
taking the money which he stated was owed to him.
The defendant admitted that he attempted to cover up the loss by
instructing his sister to enter inflated amounts of money onto the
daily and weekly cash declarations. He stated she was unaware of
what or why he was doing this. He admitted creating the false
cash remittance pouches, which he left empty in the safe, in order
to buy him time to repay the money to the Post Office. When
collection staff arrived to pick up the pouches he invented excuses
for why the cash was not available, like there had been a power
failure preventing the safe from opening. Whilst admitting to
making false entries on the system he nevertheless refused to
accept that he had done anything wrong. He was no longer in
contact with his father or aware of his whereabouts.
In addition to the Post Office at Cold Norton, he was also the sub
postmaster at the Tye Green Post Office. He owned another
grocery store in Clacton on Sea and a small property portfolio of
properties which were mortgaged and let out. He claimed to have
assets over £2.5 million and no reason to steal the money. He
provided a post dated cheque for the full amount and although
this did not clear, to date £55009.05 has been repaid. The
remaining £22,000 is expected in due course.
The defendant : GRO
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In the event of conviction there will be an application for
compensation/ confiscation of any outstanding amount and costs
towards the investigation and prosecution.
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Note Entry for Case 29560
Account Ref : P00830-40-0 User: AB2 Andrew Bolc
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: FILE NOTE
Date : 31/10/2012 00:00
Summary
draft statemetn of facts
Detail
draft statemetn of facts
PREP & PERUSAL 1:00
Total Time 1:00
Note Entry for Case 29560
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Account Ref : P00830-40-0 User: AB2 Andrew Bolc
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: FILE NOTE
Date : 20/09/2012 00:00
Summary
lenghty telephone call with investigator Darrell Kennedy
Detail
lenghty telephone call with investigator Darrell Kennedy
1. user ID checks for period nov'11 to may '12
2. exquifax checks re financial background - FES not completed as client signed
cheque in day but this bounced
3. Rems - exhibits/ envelopes have poor integrity/ no continuity figures in Audit
wrong. 4 pouches with date stamps not put to defendant in interview.
4. Did not persue th iry against father as no evidence apart from dishonest
son and he is 65 investigator of opinion father was red
herring/smoke scre lient and he had been borrowing money to
finance further property deal.
PREP & PERUSAL 0:24
Total Time 0:24
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Note Entry for Case 29560
Account Ref : P00830-40-0 User: AB2 Andrew Bolc
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: FILE NOTE
Date : 20/09/2012 00:00
Summary
Read and Consider File - There are numerous deficiencies in
Detail
Read and Consider File - There are numerous deficiencies in this case which need
to be addressed before this defendant could be charged with theft. Upon
discussion of case with investigator conclude that fraud by false rep. should be
charged due to problems with audit conducted at PO, repayment by defendant and
admissions in interview to fraud.
PREP & PERUSAL 3:00
Total Time 3:00
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Andrea Gignac
To: Rachael Panter
Subject: Post Office Ltd - 29560 - Prosecution of Ennonsel Joseph
Hi Rachael,
Ihave opened this matter on the system. It came in yesterday. Please allocate on spreadsheet to
me. Many thanks, Martin.
Martin Smith
CartwrightKing
pore eae)
Nottingham I Birmingham I Derby I Leicester} Sheffield I Newcastle Gateshead
Majority House, 51 Lodge Lane, Derby, DE1 3HB
www.
rtwrightking.cowuk
This message is confidential and may contain legally privileged information. If you have received this in error please delete
this message and let us know by email or telephone. A list of directors is available at each office. Authorised and regulated by
the Solicitors Regulation Authority No: 312459. VAT Registration No: 737837295.
POL00113109_020
POL00113109_020
lient: Post Office Ltd
‘ase No.: 29560
count Ref: P00830-40-0
IFN:
ee Earner: MS2Matter: Prosecution of
inonsel Joseph
Investigation Case Details
CartwrightKing
POL00113109_020
POL00113109_020
Full name
Post Office Ltd
Case Number
29560
DSCC number
000000000000000000000
Police station
Telephone number
Officer in case
Officer’s contact
number
Custody record number
Bail back date and time
30th day of December 1899 at 12:00 am
Offence
Prosecution of E. Joseph
Date of offence
31 May 2012
Anticipated plea
To be advised
CartwrightKing
POL00113109_020
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Client Details mmm s oe TT 8 S ce
Full name Post Office Ltd
Greeting Sir
Case Number 29560
Account Ref P00830-40-0
UFN Number Not a Legal Aid Matter
Supervisor Andy Cash
Fee earner Martin J Smith
4st Floor, Banner Street Wing
148 Old Street
Address LONDON
EC1 9HQ
Date of birth
Home telephone number _
Work telephone number i . GRO i I
Mobile number
Email address
NINO
Ethnicity
Disability
Gender Unknown
Source EXISTING
Note Entry for Case 29560
Account Ref : P00830-40-0 User: RP2
Client Name: Post Office Ltd
Matter Desc =: Prosecution of Ennonsel Joseph
Note Category: NONE
Date : 13/09/2012 00:00
Summary
updating spreadsheet with new case
Detail
updating spreadsheet with new case
PREP & PERUSAL 0:06
Total Time 0:06
POL00113109_020
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Rachael Panter