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DEPARTMENT OF THE
DIRECTOR OF PUBLIC PROSECUTIONS
Courthouse, Omagh, Co Tyrone BT78 IDU
Telephone: [7 i
Your reference
Ourreterence = “FS BUST
mPrate
Dear Sir/Mrctem
SUBJECT: pum
CROWN COURT SITTING AT
GENERAL DIRECTION OF pRoors
(9) RE -ARRAIGNMENT
No L
you must bring to the Southern Circui
hand to che Law Cleck in charge of the Courc,
Clerk, the following: =
Cyc i FOUR copies of the up to date criminal record of the ac
ccuse
if applicable. These must be legible. Please confirm i¢ c
Injured Party has any previous convictions.
© Office
or the Senior
Confirmation regarding
the dates
be available
Rogether with
on which witness
period of 12 weeks after Eater
the names of those «
mmittal dace.
any notice under the tre
atmen
ef which the court wi
il be ask
in resp
the Court will be aske.
of any
h which
LO deal
graph album
Craminat
wat
Re
Lo confarm
aCepeidant fo)
hive proses
It is the duty of the inves
Department any material
pre or during trial.
be arraigned
accused will
The
notified of the date and you mus
the Prosecutar.
t attend a
You must bring the following exhibi
the accused pleads guilty you mus
Te
be fixed ab or afte
i
J
A date for hearing will
tigating officer te Noti£
which is disclose
on a date
S to the
£ motif
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¥ 4nd copy
d to the Defence ata
to be Fixed, You w,
£ 9.30am for consultatio
arraignment: ~
y the witnesses forthwith
© arraignment,
ft is your responsibilicy to collect witness summor
which will be prepared in due Possible to «
anything other than a provisional for the end a case may
dlisted and not proceed on tha original date, must be abies
contact your witnesses at short norice
a You must ebteain and bring to the Fores ~
J i. The original Custody Record/Pack Le.
comments. A fucther 1G copies of the photograph. album.
oA Furcher 10 copies of the map.
F iv The original interview notes, a photocopy and typewritce
L copy of same/the ginal tape of the interview should b
breught to court y the officer who has eustedy of it,
All exhibits must be in court,
it is the responsib ity of
the papers,
Ff video evidence forms pact of
video
TER emug st igating officer to ensure
Cow for the duration of the Trial.
installed he
in
ipmene i
Kaw MUS aot all doctors whe examined the accused while in c
be on standby
be able to identify and be in @ to
a nad court at shore notice
cs to
Public Prosecur.ons
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PNI00000001_081
Department of the Director of Public Prosecutions
Street Belfast BT1 3UR
8
PO BOX 410
DPP Ref: 258267
Subject: ALLEGED THEFT THE CLANABOGAN POST OFE:
OMAGH
Senior Law Clerk
Southern Circuit
DIRECTION - PART IT
SENT HEREWITH:
The fol ng copy documents -
Direction - Part I
Directions for committal proceedings
Police Report
The following original documents -
Disclosure letter and enclosures to be given to the Disclosure Officer at the
time the committal papers service on the defence after
committal,
Draft Indi:
GENERAL:
rd it to the
are the trial brief in this case and forwe
29 MAR 2004
Southern Circuit
for Director of Public Prosecutions oF eee pagce: fs
bs hal #3
Ze Mwehr, 2004 I oF uate pRosscorions I
4. dant and clfective prosecuting service
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eet Belfast BT1 SR
PO BOX 410
PSNI Ref: 48/3/04
DPP Ref: 258267
Subject: ALLEGED 1 ‘T BY SUB-POST MISTRESS AT THE CLANASOGAN POST OFFICE IN
OMAGH
R -v~ MAUREEN McKELVEY
EE
Chief Constable
DIRECTION - PART I
CHARGE :
Presecute Maureen McKelvey on indictment fer the following non-scheduled
offence:~
That you, on a date unknown between the lst day of September 2001 and the 21st
day of August 2002, in the County Court Division of Fermanagh and Tyrone,
stole cash in the sum of £4,623.48 or thereabouts belonging te Post Office
Limited, contrary to section i of the Theft Act (Nerthern Ireland) 1969.
GENERAL:
Prosecution on indictment is warranted,
The amount of “errors” ely short time frame would indicate that this
is more than si
Conmmittal pap , Divections for commit. dings, the polic
the po
q
ance with PSNI Force
of the case and he should deal wit -hem im
instructions.
The Senior Law Clerk, Southern Circnit, will be sent, inter alia, copy Part of
this Direction, Direction Part II, copy Direc’ al proceedings and
letters and enclosures to be given to the Disclosure Officer at the time the
committal papers are checked and copy police report.
The District Commander, Omagh, Police
sent a copy Direction Part nd copy £
tenteae
{5
INS. GMO
29 MAR 2004
OFFICE OF Digce rg;
OF PUBLIC PROSECUTIONS
GRO
K SHTELS = ten
Southern Cireui
for Director of Public Prosecutions
Bb Paved 2004
An independent. fair and effective prosecution service
7)
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Internal Ref:
Civcuit Ref:
PSNI Ref: €48/3/04
DPP Ref: 288267
To Officer~in-charge: Suzanne Winter, Belfast, Post Office Ltd
Subject: Ro -v~ MAUREEN MCKELVEY
DIRECTIONS FOR COMMITIAL PROCESDINGS
PROVISIONAL DATE FOR PRE
MAGISTRATES COURT
MINARY INQUIRY 20}4)e% AT OMAGH
THESE COMMITTAL PAPERS MUST BE COMPLETED AND RETURNED TO THE SENIOR LAW CLERK
SOUTHERN CIRCUIT OFFICE, THE COURTHOUSE, JOHN STREET, OMAGH BY PRIOR APPOINTMENT
ONLY AND IN ANY EVENT NO LATER THAN 6] &}o
YF TS IMPORTANT THAT YOU ADHERE TO THIS DATE. IF YOU CANNOT PRESENT THESE PAPERS
ON OR BEFORE THE DATE IN QUESTION, PLEASE CONTACT THE SENIOR LAW CLERK REGARDING
THE MATTER.
In these papers there may be any of the following:~
1. ORIGINAL TYPED STATEMENTS WHICH HAVE NOT REQUIRED ANY EDITING ~ EXHIBIT
NUMBERS MAY HAVE BEEN INSERTED.
If the above statement has not been signed and dated by the maker, it must
be accompanied by the original handwritten statement so signed and dated ~
ensure that the typed version has been certified a true copy of the
original.
You must ensuze that these original handwritten statements are placed at
the rear of the committal papers served on the Court.
2. STATEMENTS WHICH HAVE BEEN EDITED AND RE~TYPED - EXHIBIT NUMBERS MAY HAVE
BEEN INSERTED
‘ You must now have these new statements signed and dated by the appropriate
witnesses, and countersigned. Ensure that each witness reads through their
statement before signing. If a witness objects to the content of their
statement and/or will not sign it, the Directing Officer must be informed
mediately.
3. COPY STATEMENTS AND COPY SUMMARIES OF TAPE RECORDED INTERVIEWS WHICH HAVE
BEEN EDITED BY USE OF A COMBINATION OF BRACKETS AND LIGHT STRIKING OUT ~
EXHIBIT NUMBERS MAY HAVE BEEN INSERTED
Ensure that each such statement is accompanied by the original unedited
handwritten statement or where appropriate the original unedited typed
ent which has been signed and dated by the maker and countersig: .
MUST NOT edit or make any alterations to such original statements.
No such action is required in respect of summaries.
You muat ensure that these accompanying statements are placed at the rear
of the committal papers served on the Court.
3.
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Disclosure
At the time when you return the signed committal papers to the Senior Law
Clerk for checking you will be handed an envelope containing primary
prosecution disclosure. On the day of committal, following the committal
for trial, you should hand the envelope to the legal representative for the
accused, or, if that is not possible to the accused personally.
letter and marked non-
to be disclosed to the
You have been provided with a copy of the disci.
sensitive schedule. These set out the material
accused.
Any material in respect of previous convictions of witnesses or
disciplinary records of pol officers, not listed for disclosure in the
disclosure letter, it not considered to be relevant to the investigation
and need not be added to the schedules.
You must confirm to the Senior Law Clerk, when presenting the papers, the
availability witnesses to attend the Crown Court to which it is intended
to return the defendant. ‘To be in any position to do this you must contact
every witness beforehand to determine his movement and availability. It is
recognise that there will be occasions when a witness will become
unavailable at a later stage because, eg of ness or accident. In such
event you are required to inform the Senior Law Clerk immediately in order
to prevent the listing of the trial which then has to be aborted because of
that nesses indisposition. This causes total disruption of trial lists
and delays the proper administration of justice.
When returning your papers you will be asked to certify that you have so
notified all the prosecution witnesses.
A specific Direction of proofs will issue in due course.
The following special instructions must be complied with in this case: -
All documents referred to in the non-sensitive schedule and retained by
police must be checked to ensure that sensitive details relating to
witnesses such as addresses, telephone numbers or car registration numbers,
ex than where any of these appear in the charge(s) directed against the
accused, are not discl ed to the def: Any document containing such
material should be re-copied so that the sensitive details cannot be read.
This is the document which may then be inspected by the defence.
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XY 3 -
; ‘5 USE THE FOLLOWING CHECKLIST TO ASSEMBLE YOUR PAPERS AND ENSURE THAT THEY ARE ALL
é IN ORDER FOR PRESENTATION TO AND CHECKING BY THE SENIOR LAW CLERK
i
Have any special instructions been complied with?
Has the NOTICE OF INTENTION been completed and signed?
Has the STATEMENT OF COMPLAINT been signed?
Has the LIST OF WITNESSES been signed?
Is there a statement for each witness ted?
Has each witness statement been dated, signed by the witness and
countersigned by another persor
In respect of every handwritten witness statement is there a top typed
copy?
Where a copy statement has been edited by use of brackets and striking out
- ig the appropriate ompanying original statement enclosed?
Has the LIST OF EXHIBITS been signed?
Rave you the ORIGINALS OF ALL DOCUMENTARY EXHIBITS READY FOR PRODUCTION TO
THE Senior Law Clerk?
Is there a typed and certified copy of each handwritten exhibit?
Has every exhibit been properly labelled showing the correct exhibit
number?
Has each top typed copy exhibit been property marked on the top right hand
corner with the correct exhibit number?
Have you obtained a copy recognisance for each accused on bail?
WHILE THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS NO THE PAPERS ARE NOT COMPLETE
BUT THEY MUST NEVERTHELESS BE RETURNED TO THE SENIOR LAW CLERK BY THE DATE STATED
SRLEAF.
@f for any unavoidable reason some other officers has to present the papers
{either complete or incomplete) to the Senior Law Clerk, that officer must be
fully briefed on the facts of the case, and, where necessary, the reasons why the
papers are incomplete.
In accordance with force instructions, arrangements must be made to have the
number of copies processed. Such copies must be legible.
Pee
yO
4 ”
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When ready a copy of the papers must be served on the accused {or each of them)
PERSONALLY (not on a sol icitor}) and the original set must be delivered to the
Clerk of Petty
held,
Circuit Office.
of committal proceedings.
YOU MUST TAKE ALL NECESSARY STEPS TO ENSURE THAT THE ACCUSED
THE CORRECT COURT ON THE CORRECT
OR PRODUCED AT,
YOu
COMM:
TTAL AT 10.00
“AC SHIBLS — TEL
Southern Circuit
for Director of Public
22 Marth.
2004
Copies to:
The District Commander,
Cixeult Office
Omagh,
Sessions of the court at
five clear working days before the date set
copy of these papers should be made available for
These will be retained by him
If the committal i
the Statement of complaint(s} to th:
{OR A FULLY BRIEFED SUBSTITUTE)
Prosecutions
PSNI
e staff of the
MUST ATTEND THE COURT ON HE
AM AND SEEK OUT AND MAKE YOURSELF KNOWN TO THE DPP PROSECUTOR.
which the committal p:
for the commi
al.
to be in BELFAST,
police office,
IS/ARE
DAY FOR THE COMMIT,
ISSUED
INITS. GEC cccsesen
29 MAR 2004
OFFICE BF Pes
OF PUBLIC ?
23
ROSS.
eedings are to be
A further
the Senior Law Clerk in the
to “orief” counsel at the hearing
hand a copy of
Townhall St
te.
NDED TO,
THE DAY OF T
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Department of the Director of Public Prosecutions
93 Chichester Street Belfast BT1 3JR.
PO BOX 410
The Soliciter representing
Maureen McKelvey 258267
Date of Service
x Sir
R «v~- MAUREEN McKELVEY
OMAGH CROWN COURT
DISCLOSURE OF PROSECUTION MATERIAL UNDER SECTION 3 OF THE CRIMINAL PROCEDURE AND
INVESTIGATIONS ACE 1996
iam by section 3 of the Criminal Procedure and Invest
no dil to you any prosecution material which has not p
disclosed, and, which in my opinion, might undermine the case
prosecution against you.
i attach to this letter a copy of a schedule of non-sensitive material prepared
by police in compliance with their duties under II of the minal
Procedure and Investigations Act 1996 and tt provisions of the Code of
Practice. The schedule has been prepared by the disclosure officer, who in this
e is § St, Post Office Ltd.
Unless 2 lence} appears alongside any item, t items ted on
the schedule are not presently intended to be used as part of the prosecution
case.
Where the letters ‘DC' (disclose copy) appear, copies of the items Listed are
at
wached.
This material is disclesed to you in accordance with the provisions of the
Criminal Procedure and Investigations Act 1996. You must not use or disclose
or any informat on recorded in it, for any purpese other than in
L proceedings. If you do so without the permi
you may commit an offence.
ni should be sent to this office using the references and title
out above, to the following address -
Royal Courts of Justice (PO Box 410), t, Belfast, BRL 20R.
statement is required by section 5 of the Criminal Proced
Act 1996 in Crown Court cases. Court
section 6 of the kes a defence
that we will i
any remaining material which has not
nay been disclosed but which might
An independent, fair and effective prosecution service
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reasonably assist the defence case as you have described it. The statement will
also be relied on by the court if you later make an application under section 8
of the Act.
iz you de not make a defence statement where one is required, or provide one
late, or the statement does not otherwise comply with the provisions of the Act
the coprt may permit comment and/or draw an adverse inference.
Yours faithfully
“RK SHTELS =" TE:
Southern Circuit
for Director of Public Prosecutions