POL00044585 - Seema Misra case study - Instructions to counsel to settle indictment and advise on evidence and brief for the prosecution in The Queen v Seema Misra

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GUILDFORD CROWN COURT

INDICTMENT TO BE LODGED BY 10™ MARCH 2009

PLEA AND CASE MANAGEMENT HEARING - 20™ MARCH 2009

THE QUEEN

SEEMA MISRA

INSTRUCTIONS TO COUNSEL TO SETTLE INDICTMENT

AND ADVISE ON EVIDENCE AND BRIEF FOR THE PROSECUTION

COUNSEL will
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The Defendant is 32 years of age (Date of Birth

Byfleet Post Office for

receive herewith:—

Indictment.

List of Witnesses and copy Witness Statements.

List of Exhibits and copy Exhibits.

Form 144

Summary of Facts.

Report of Investigation Officer.

‘Schedule of Charges.

Antecedents.

Letter to Defence (conceming disclosure).

of Disclosure documents CSOO6C, D and E and witness availability schedule.

OBSERVATIONS

and was a Subpostmistress at West

a period of 2 years and 7 months prior to her suspension from duty on the

14 January 2008. The charges concer theft of £74,609.84 and 4 other offences of false accounting

contrary to Section 17(1) of the Theft Act 1968.

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A description of the case against the Defendant is set out in the Summary of Facts to which Counsel is

referred. Further details of the enquiry are contained in the Investigation Officer's report.

The Defendant was summoned for the offences set out on the Schedule of Charges and appeared at

Woking Magistrates Court on the 19" December 2008.

The Defendant gave no indication of plea. The Magistrates declined jurisdiction and the case was

adjoumed for committal proceedings to take place on the 13” February 2009. The Defendant was

granted unconditional bail.

On the 13" February 2009 the Defendant was committed for trial under Section 6(2) of the Magistrates

Courts Act 1980, to a Plea and Case Management Hearing at Guildford Crown Court on the 20" March

2009.

No request was made for the attendance of witnesses. The Defendant was granted bail unconditionally.

A Guilty plea is anticipated.

Your Instructing Solicitor has drafted an Indictment based on the schedule of charges.

Counsel is requested to settle the Indictment which is due to be lodged by the 10" March 2009.

Counsel is requested to advise on evidence, and, in particular, whether he considers any additional

evidence is required.

Will Counsel please appear on behalf of the Prosecution at the Plea and Case Management Hearing of
this matter on the 20" March 2009 at Guildford Crown Court and at all future hearings. Counsel will

be instructed at the hearings by a member of this Office.

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in the event of a conviction Counsel is requested to seek an order for compensation in a sum to be
notified in due course. Counsel is also asked to seek an order for the Defendant to pay a contribution
towards the costs of the Prosecution in a sum to be notified to Counsel at Court. [These costs should
include costs of investigation which have been notified to the Defence in accordance with the Court of
Appeal decision in Regina v Associated Octel Ltd [1997] 1 CR.APP.R.(S) 435]. In the event that a
Confiscation Order is sought the Judge dealing should be specifically asked by Counsel to include as part
of the Confiscation Order compensation payable to Royal Mail Group Limited. lf compensation is not
included as part of the Order any recovery will be paid into Central Funds and will not satisfy the debt

owed to Royal Mail.

The Officer in the case has been asked to arrange for Antecedents to be produced, and to supply dates

to avoid for the relevant witnesses.

The prosecution prefers to be represented at all Crown Court hearings so Counsel is requested not to
agree to the excusal of prosecution attendance if this arises, unless criticism or embarrassment might arise

from such a course.

If Counsel requires any further information or would wish to have a conference in this case could he

please contact his Instructing Solicitor.

Mr J. Singh (Senior Laywer)

Mr P Taylor (Legal Executive )

DATED this day of February 2009

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GUILDFORD CROWN COURT
Indictment due to be lodged by 10/3/09

Plea and Case Management Hearing 20/3/09

THE QUEEN

SEEMA MISRA

INSTRUCTIONS TO COUNSEL TO SETTLE
INDICTMENT AND ADVISE ON EVIDENCE
AND BRIEF FOR THE PROSECUTION

Mr Warwick Tatford

General Counsel to

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Royal Mail Group Limited

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GUILDFORD __CROWN_ COURT

THE QUEEN

SEEMA MISRA

DRAFT INDICTMENT

General Counsel to

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Royal Mail Group Limited

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GUILDFORD __CROWN_ COURT

THE QUEEN

SEEMA MISRA

COPY LIST OF WITNESSES AND
COPY WITNESS STATEMENTS

General Counsel to

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Royal Mail Group Limited

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GUILDFORD __CROWN_ COURT

THE QUEEN

SEEMA MISRA

COPY LIST OF EXHIBITS
AND COPY EXHIBITS

General Counsel to
Royal Mail Group Limited

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GUILDFORD __CROWN_ COURT

THE QUEEN

SEEMA MISRA

COPY FORM 14A

General Counsel to
Royal Mail Group Limited

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__Legal Services I .

“GRO

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GUILDFORD __CROWN_ COURT

THE QUEEN

SEEMA MISRA

COPY SUMMARY OF FACTS

General Counsel to
Royal Mail Group Limited

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GUILDFORD __CROWN_ COURT

THE QUEEN

SEEMA MISRA

COPY REPORT OF INVESTIGATION
OFFICER

General Counsel to
Royal Mail Group Limited
Legal Services

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GUILDFORD __CROWN_ COURT

THE QUEEN

SEEMA MISRA

COPY SCHEDULE OF CHARGES

General Counsel to
Royal Mail Group Limited
Legal Services

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GUILDFORD __CROWN COURT

THE QUEEN

SEEMA MISRA

COPY ANTECEDENTS

General Counsel to
Royal Mail Group Limited
Legal Services

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GUILDFORD __ CROWN. COURT
THE QUEEN

SEEMA MISRA

COPY LETTER To DEFENCE
(CONCERNING DISCLOSURE)

General Counsel to
Royal Mail Group Limited
Legal Services

GRO

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GUILDFORD __ CROWN. COURT

THE QUEEN

SEEMA MISRA

COPY OF DISCLOSURE DOCUMENTS
cso06c, D AND E AND WITNESS AND
WITNESS AVAILABILITY SCHEDULE

General Counsel to
Royal Mail Group Limited
Legal Services

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