IN THE CROWN COURT AT GUILDFORD
120090070
BETWEEN:
REGINA
-V-
SEEMA MISRA
&)¢ } DEFENCE STATEMENT
This Defence Statement does not purport to set out every aspect of the
defence put forward in this case but it is served in compliance with ss. 5(5),
6A, 6C and 6D of the CPIA 1996 as amended.
PREAMBLE
1.
The Defendant makes no admissions as to the prosecution case or
any part thereof save insofar as may be contained in any separate
document (if one is served) pursuant to s.10 of the CJA 1967. This
statement is served in accordance with the provisions of the CPIA
1996 as amended and for no other purpose. The contents of this
statement do not constitute any admission by or on behalf of this
Defendant.
This document is confidential and is served only for the purposes
of the proceedings to which it relates. It may not be used for any
other purpose or in any other proceedings, nor may it be disclosed
to any person other than the court, the prosecuting authority and
the Disclosure Officer without written consent of the Defendant
given through defence solicitors.
If the Defendant is called upon to establish a defence, this
statement sets out in general terms the nature of the defence case.
It is served without prejudice to the Defendant’s right to challenge
the admissibility of any evidence.
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4, Without prejudice to the specific details given herein the
Defendant puts the prosecution to proof on all matters of fact on
which the prosecution intend to rely.
5. The Defence Statement is served reserving the right to amend
following further disclosure by the Crown and/or following any
amendments to the Indictment or further particularisation of the
allegations.
INDICTMENT
Theft: Not Guilty.
False accounting (x6): Guilty.
DEFENCE
The nature of the defence and any particular defence upon which it is
intended to rely is as follows:-
The Defendant denies dishonestly appropriating monies belonging to the
Post Office and will assert that the Theft was undertaken by other employees
working at the Post Office at the time the monies went missing.
POINTS OF LAW
The following points of law arise: None.
ALIBI EVIDENCE
The particulars of alibi are: Not applicable.
NOTIFICATION OF INTENTION TO CALL DEFENCE WITNESSES
To be advised.
NOTIFICATION OF EXPERTS INSTRUCTED BY THE DEFENCE
Not applicable.
REQUESTS FOR DISCLOSURE
The defence requests disclosure of any prosecution material, which might
reasonably be considered capable of undermining the case for the
prosecution against the defendant or of assisting the case for the defendant
and in particular the following items:
(a) Previous convictions/cautions/disciplinary matters in relation to
any prosecution witness.
(b) All communications to or from prosecution witnesses in whatever
format.
(c) Draft statements/reports/pocket notebooks/notes where they differ
from evidence served.
(d) Any document, accounting record, memorandum or other material
which shows or suggests that there were accounting irregularities
at the Post Office between June 2006 and December 2007.
In addition replies are sought to these further questions:
(a) Has the prosecution been informed of the existence of material
deemed too sensitive to be included in such a schedule?
(b)Is there any third party material that may be relevant to the case
(and not already disclosed)? If so, what steps are being taken to
obtain it, or copies of it?
I certify that the contents of this document accurately reflect those
matters on which I rely in my defence. I dispute the prosecution case
and assert my own as stated herein.
Signed:
(Defendant
Solicitors for the defendant:
The Castle Partnership
a
Dated: 20° mace 2004
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