POL00046215
POL00046215
THIS DOCUMENT IS SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE AND MUST NOT BE DISCLOSED TO ANY PERSON
WITHOUT THE EXPRESS AUTHORITY OF POST OFFICE LTD GENERAL COUNSEL OR CARTWRIGHT KING SOLICITORS
CARTWRIGHT KING
BRIEFING NOTE
Branch Name: Gaerwin
SPMR Name: Mr Hughie Noel Thomas
Case Number: M029
1.
Prosecution Case
e The Applicant was the Subpostmaster of Gaerwen Post Office from June 1994 until
he was suspended following an audit on 13th October 2005.
e The audit revealed a shortage of £48,454.87 and a cheque discrepancy of £1,803.02
resulting in a final shortage figure of £50,257.89.
2.
Court Proceedings
¢ The Applicant appeared at Caernarfon Crown Court on 6" November 2006 and was
sentenced on the charge of ‘False Accounting’ (to which he had pleaded guilty at an
earlier hearing on 29" September 2006)
© The Applicant was sentenced to 9 months in custody and ordered to pay £750 costs.
e This defendant pleaded guilty on legal advice. There is no suggestion that this plea
was on a basis.
3.
Applicant’s Response to Mediation Scheme
© The Applicant criticises the adequacy of training provided.
e He points to technical issues and Horizon transaction anomalies.
4.
Analysis
e The reality in this case is that this Applicant pleaded guilty on legal advice and was
sentenced.
e Aplea of guilty to a charge entails a complete admission of the offence to which the
plea is entered, in this case an unqualified admission to having “...dishonestly and
with a view to gain for himself or with intent to cause loss to another, falsified a
document required for an accounting purpose.” (The exact wording of the
indictment is not available but the above is from the specimen indictment for false
accounting in Archbold)
e The Applicant was sentenced to an immediate term of imprisonment of 9 months
which clearly suggests the serious view of the evidence taken by the sentencing
judge. There is no evidence that this sentence was appealed as being manifestly
excessive...
e The evidence in this case, including his guilty plea, is overwhelmingly in support of
the contention that the loss was brought about by the Applicant’s dishonesty.
POL00046215
POL00046215
THIS DOCUMENT IS SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE AND MUST NOT BE DISCLOSED TO ANY PERSON
WITHOUT THE EXPRESS AUTHORITY OF POST OFFICE LTD GENERAL COUNSEL OR CARTWRIGHT KING SOLICITORS
5.
Dangers to Post Office Limited
e If concessions are made that might render this conviction unsafe then the Applicant
may well be put in a position whereby he is able to appeal that conviction.
e Were such an appeal to succeed, then POL would be open to a claim for damages
and/or restitution of monies paid by this appellant under any confiscation order.
° Such concessions would have to be disclosed to those with similar convictions. This
may well necessitate a review of many hundreds of cases to establish who else may
be entitled to such disclosure.
e If concessions are made that might render the sentence imposed in this case
manifestly excessive then the Applicant might well be put in a position whereby he
might be able to appeal that sentence, with similar consequences for POL.
e And again those concessions would have to be disclosed to those with similar
convictions, with similar consequences for POL.
e This is not a case where any concessions can or should be made; to do so has the
potential to render his conviction by guilty plea unsafe, or his sentence as
manifestly excessive; and accordingly to invite an application to the Court of
Appeal.
Harry Bowyer 7 March 2014
Barrister
Cartwright King S