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Indictment to be lodged by 26/5/09
Plea and Case Management Hearing
15/6/09 For PoC Ween,
THE QUEEN Covoun HH) Randell
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YULIANWILSON Worth: 3 3/4 lori
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SETTLE INDICTMENT AND ADVISE ON
EVIDENCE AND BRIEF FOR THE
PROSECUTION seventeen
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WORCESTER CROWN COURT
INDICTMENT TO BE LODGED BY 26™ MAY 2009
PLEA AND CASE MANAGEMENT HEARING ~ 15™ JUNE 2009
THE QUEEN
v
JULIAN WILSON
INSTRUCTIONS TO COUNSEL TO SETTLE INDICTMENT
AND ADVISE ON EVIDENCE AND BRIEF FOR THE PROSECUTION
COUNSEL will receive herewith:-
1 Draft Indictment.
2 Copy List of Witnesses and copy Witness Statements. Ca
3 Copy List of Exhibits and copy Exhibits.
4 Copy Form 14A
5 Copy Summary of Facts.
6 Copy Report of Investigation Officer.
7 Copy Schedule of Charges.
8 ‘Copy Schedule of Non Sensitive Unused Material.
9 Copy Witness Statement in support of an application for a Restraint Order.
10 Copy Consent Order to vary Restraint Order.
" Copy TIC Schedule.
12 Copy Antecedents.
OBSERVATIONS
The Defendant was the Subpostmaster at the Astwood Bank Post Office. He is 59 years of age. The
allegation is that an audit took place and revealed a shortage of £27,811.98. The Defendant was
subsequently interviewed and charged with an alternative offence of theft and offences of false accounting.
The Defendant was summoned for the offences set out on the Schedule of Charges and appeared at
Redditch Magistrates Court on 4" March 2009.
On that date the Defendant attended Redditch Magistrates Court. No indication of plea was given and the
Magistrates declined jurisdiction setting the case down for committal on 29” April 2009.
maAcriminal work folders\singh jarnail - crm\260893 - wilson\260893 b.doc
On that date the Defendant was committed for trial pursuant to Section 6(2) of the Magistrates Courts Act
1980, to a Plea and Case Management Hearing on the 15" June 2009.
The Defendant was granted unconditional bail.
Your Instructing Solicitor has drafted an Indictment based on the charges. Counsel will however note that
no allegation of theft has been added to the draft. Instructing Solicitor would like Counsel to consider
whether it is appropriate to draft such a charge based on the current state of the evidence and the almost
inevitability that the Defendant will elect to enter pleas in relation to false accounting.
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 15" June 2009 at Worcester Crown Court and at all future hearings. Counsel will be
instructed at the hearings by a representative of my Agents Mr John H Dove, Solicitor Advocate, 9 Apley
Mews, Apley Hall, Stockton, Shropshire, WV15 5NE (Telephone No.
Confiscation proceedings appear to be in train on the basis that there appears to have been a restraint of
assets. Counsel will note the Consent Order varying the Restraint Order. Instructing Solicitor does not
have to hand the initial Restraint Order.
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. If 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 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.
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'f Counsel requires any further information or would wish to have a conference in this case could he please
contact his Instructing Solicitor.
' GRO
DATED this . 14“ day of May 2009
macriminal work folders\singh jarnail - erm\260893 - wilson\260893 b.doc