POL00044873
POL00044873
WITNESS STATEMENT
IN SUPPORT OF AN APPLICATION FOR A RESTRAINT ORDER
(SECTION 41 PROCEEDS OF CRIME ACT 2002)
This statement (consisting of 4 pages each signed by me) is true to the best of
my knowledge and belief and I make it knowing that, if it is tendered in
evidence, I shall be liable to prosecution if I have willfully stated anything
which I know to be false or do not believe to be true.
Dated:
Signature:
IN THE CROWN COURT 7 November
2006
SITTING AT CROYDON
HUGIE NOEL THOMAS
(Defendant)
WITNESS STATEMENT
1) 1, Michael Francis Matthews an Accredited Financial Investigator currently
employed by Post Office Ltd, Royal Mail Group plc, at PO Box 1 Croydon
CR9 1WN. The Director of the Assets Recovery Agency accredits me
with the powers under Part 2 and Part 8 of the Proceeds of Crime Act
2002. I say as follows:-
2) I am duly authorised to make this witness statement on behalf of the
Solicitor to Royal Mail Group plc, Criminal Law Team who will prosecute
in this case and I make this witness statement in support of an application
POL00044873
POL00044873
for a restraint order pursuant to section 41 of the Proceeds of Crime Act
2002
3) 1am also authorised by Tony Utting, Senior Manager, Royal Mail Group
plc under section 68 of the Proceeds of Crime Act 2002 to make this
application.
4) I have the conduct of a financial investigation into the financial affairs of
Hughie Noel Thomas hereinafter called the defendant.
SUMMARY OF THE PROSECUTION
5) Proceedings for an offence have been started in England or Wales.
The Criminal Law Team of Royal Mail Group pic are conducting them. On
the 29'" September 2006 at Caernarfon Crown Court the defendant
pleaded guilty to one count of false accounting. The particulars of the
count were that Hughie Noel Thomas between the 30" day of September
2004 and the 14" day of October 2005 dishonestly with a view to gain for
himself or with intent to cause loss to another falsified records made or
required for an accounting purpose namely the Post Office “Horizon”
records, Cash account Final.
6) The circumstances leading to the prosecution are that the defendant was
the subpostmaster at Gaerwen Post Office Branch®.
n 13" October 2005 a Post Office
Ltd. Audit Team conducted an audit at the Post Office® Branch which
POL00044873
POL00044873
revealed a shortage in the account amounting to £48,454.87.
Investigators of Post Office Ltd in accordance with the Police and Criminal
Evidence Act subsequently interviewed the defendant under caution.
During which the defendant in the main answered the incriminating
questions with “no comment”.
On the 6" November 2006 the defendant appeared at Caernarfon
Crown Court and was sentenced to 9 months imprisonment. The
proceedings have not yet concluded and a timetable for the confiscation
process has been set.
In view of the matters set out above I believe that there is reasonable
grounds for believing that the defendant has benefited from his criminal
conduct
REALISABLE PROPERTY
9) I have made preliminary enquires into the financial affairs of Hughie Noel
Thomas and it is to my knowledge that:-
a) Hughie Noel Thomas is a 59-year-old male currently residing with
his wife and his adult son and daughter at
the! Ro
b) Hughie Noel Thomas is currently imprisoned at HMP Liverpool
(Walton)
Signed... eee 3
POL00044873
POL00044873
c) Hughie Noel Thomas jointly owns with’
property known as the Post Office I 3
: GRO_I Title Number WA964277. I have been
informed that the mortgage on the property amounts to £95,000.
d) Mrand Mrs Thomas became the proprietors of the property on the
4th May 2000. The value stated then was £90,000. The
Nationwide Building Society House Price Calculator details that a
property located in Wales, which was valued at £90000 in Quarter
2 of 2000, would be worth approximately £216, 617 in Quarter 3 of
2006.
EXTENT OF BENEFIT
10)
In view of the matters set out above I believe that there are grounds to
suspect that Hughie Noel Thomas has benefited from his Particular
Criminal Conduct Criminal Conduct in a sum amounting to at least £76,
974.33,. (This figure at this stage does not take into account the increase
in the Retail Price Index). This figure is worked out as follows:
a) The defendant has pleaded guilty to the offence of false
accounting. The benefit to the defendant as a result of the fraud is
£48,454.57. (Mr Thomas was contractually obliged to make good
this loss without delay)
b) The defendant received “Net” remuneration from Post Office Ltd of
£28, 519.76 for the period between 1 October 2004 and the 13"
POL00044873
POL00044873
October 2005 to provide Post Office services. This is the period for
which the defendant admitted false accounting. (Post Office Ltd
would not have paid this figure if they had known the defendant
was producing false accounts, as his contract to provide services
would have been terminated.
11) As far as I am aware, no civil proceedings have been commenced on
behalf of any person that might be said to have sustained loss arising out
of the commission of the alleged offence.
12) I believe that if a restraint order is not made there is a real risk that the
assets will be dissipated. This is because during the Defence mitigation
in this case, Barrister Mr Wyn Lloyd Jones mentioned that Mr Thomas
has already cashed in an insurance policy to pay off business and
personal loans. In addition Mr Thomas is selling the residential property
that includes the Post Office to his children. It is said the sale is near
completion and the agreed price for the sale is £100,000. Once the
mortgage and the costs are added together the defendant is due to
receive a balance of £78.
13) The prosecutor is of the view that the property is being sold at a much-
reduced value in an attempt to prevent the full value being realised in the
satisfaction of any future confiscation order, and at the same time keep
the asset in the family.
ORDER SOUGHT
POL00044873
POL00044873
Restraint Order
14) I therefore ask for a Restraint Order against Hughie Noel Thomas in
respect of the following property which, to the best of my ability, I am able
to particularise as follows:-
a) The property known as
b) All other realisable property owned by Hughie Noel Thomas or to
which he is authorised.
I believe that the facts stated in this witness statement are true.
(Signature)
Name of Witness
Date