POL00051928
POL00051928
Richard Cole To: "rob.g.wilsoni__
<tichard cole! jamail.a.singh
16/06/2009 08:52
Subject: R v Julian Lewis -
Dear Rob/Jarnail,
I covered the PCMH in relation to the above case in Worcester yesterday on Anthony's
behalf, as I was already there for Juliet Having been approached by the Defence, I spoke to
Rob (as I had earlier been told he was the only lawyer ir) to see what sort of deal could be
done, particularly bearing in mind the recovery of losses under POCA As Rob knows, I was
without an investigation officer or finance investigator
l.was against.a nice chap from Bradford (Peter Hampson), who seems to be carving himself
aniche practice in representing Postmaster Federation members I have now been against
him 3 or 4 times. He is not an awkward chap but can identify the continuity gaps in Horizon
cases - see AV’s advice in this case
The Defendant faced counts of false accounting over a 3 year period and then fraud over
the last 2 years. The allegation over the5 year period was the same.
In this. case, the Defendant was convinced that there was a systematic problem with Horizon
as was raised in interview. In interview, the loss (£27,800 odd) had been split - pre May 2007
£12k, post May 2007 £15k. The Defendant was willing to plead to counts4 and 5 (ie 2007
and 2008) but to £15k of loss. I said no to that. Rob then gave me authority to agree to the
same if necessary. Eventually the Defendant pleaded to counts4 and 5 but reflecting the full
loss of £27,800 odd. A basis was entered and agreed but was essentially mitigation The
case was adjourned off to 3 August for sentence to enable the Def to sell the Post Office and
repay the monies (thus avoiding POCA).
I agreed that if POCA proceeded it would be limited to the loss plus interest(which also
helped lead to the plea). I said that if the loss was repaid before sentence interest was
unlikely to be added.
I did-not mention POCA in open court, given that the judge had refused to deal with it in my
earlier Royal Mail case where the Postmaster was in the process of repaying the amount
The judge considered that compensation was a more suitable order
As mentioned above, Horizon was questioned by the PM in this case I suspect that
consideration should be given to looking at the issue generally and a suitable employee from
the organisation preparing a statement (for use in cases) that says that Horizon works
perfectly well.
I think I would like to take up Jarnail’s offer of some training in Horizon
Any queries let me know.
Richard
POL00051928
POL00051928
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