POL00050912
POL00050912
Or
Memo
The Real Network
16th February 2009 Legal Services
3° Floor
6a Eccleston Street
Fraud Team Post Office Limited Victoria
LONDON SW1W 9LT
c.c. Robert Daily
Tel: 7" GRO}
www.royalmail.com
POST OFFICE LIMITED v PETER ANTHONY HOLMES
Noted. In my opinion the evidence is sufficient to afford a realistic prospect of
Conviction of the above named on the charges set out on the attached Schedule. In my
opinion there is a medium prospect of success. The papers can be reviewed as
necessary in due course.
In view of the nature of this offence prosecution is appropriate.
This case is, in my opinion, more suitable for trial in the Crown Court.
In the event that the prosecution is authorised, please forward the papers to the PSO to
obtain summonses.
The matters which follow are for the Investigation Manager to deal with.
No further statements need be obtained at this stage.
If the Defendant should elect trial or if the Magistrates refuse jurisdiction or if a Not
Guilty plea is entered, the Investigation Manager should obtain and associate all
Necessary statements and exhibits. I list below the statements which appear to be
necessary in this case, but the Investigation Manager should also consider whether
there are any other areas which can usefully be covered and include any such
evidence.
1 Copy statement giving evidence of access to the accounts and describing the
Defendants duties and period of service.
2 Copy statement explaining the Post Office account and how losses and
shortages should be accounted for. This should cover and explain how the
final balance is prepared.
3 Copy statement dealing with searches and recovery of documentation from the
Defendant’s home. The transactions will need to be proved in due course.
4 Copy statement dealing with the audit.
© Royal Mail 2002 ~ Page 1 of 2
Royal Mail is a trading name of Royal Mail Group plc. Registered number 4138203
Registered in England and Wales. Registered office: 148 Old Street, LONDON, EC1V 9HQ
POL00050912
POL00050912
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Memo
Cont...
5 Copy statement from staff explaining their involvement in the accounting
process and the part balancing undertaken by the Defendant.
6 Copy statement with search.
7 Copy statement of interviewing Officers.
In this event, please prepare one set of typed copies of those statements and exhibits.
Please also prepare typed draft lists of statements and exhibits (statements to appear in
chronological order and exhibits in the same order in which they are produced by the
witnesses). A separate typed list of witnesses, showing their addresses, should also be
supplied.
You will be aware of the provisions of the Criminal Procedure and Investigations Act
1996 conceming disclosure. Please confirm whether there is any material which might
reasonably be considered capable of undermining the Prosecution case or assisting the
Defence case and which has not already been disclosed. Please also let me have
Forms CSO06C, D and E in any event. :
The papers must be sent to this Office at least 14 days before the proposed committal
proceedings or summary trial date.
It is intended to make application for compensation. On return of the papers, please
advise cost of Special Delivery / total loss to the Business.
If you wish me to make application for investigation costs please let me know the
amount. In the event of a conviction, an application will be made to recover these costs
pursuant to Section 18 of the Prosecution of Offences Act 1965. I would be grateful if
when making an application for Investigation costs the Court is provided with the
information that Royal Mail Limited is a private prosecutor and a brief explanation of
how these costs are calculated. If you require any assistance please do not hesitate to
contact me.
The prosecution will be conducted by my Agents Messrs McKenzie Bell & Sons,
Solicitors of 19 John Street, Sunderland SR1 1JG (Tel.N GRO
Please liaise with Agents before fixing a hearing date.
The papers should be returned to this Office at least 4 weeks before the hearing date in
order that I may send the instructions to Agents.
A McFarlane
Principal Lawyer
Criminal Law Division
juliet.mcfarlan
Ref: CRM/261295/JMcF
© Royal Mail 2002 ~ Page 2 of 2
Royal Mail is a trading name of Royal Mail Group pic. Registered number 4138203
Registered in England and Wales. Registered office: 148 Old Street, LONDON, EC1V 9HQ
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