POL00052292 - Susan Rudkin case study: Email from Henrietta Paget to Jarnail A Singh, Marilyn Benjamin re: Rudkin

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POL00052292
POL00052292

Henrietta Paget

From: Henrietta Paget
Sent: 14 August 2009
To: ‘jarnail.a.singhi
Subject: Rudkin

marilyn.benjaming.

Dear Jarnail,

Thank you for sending me Mr. Dove’s response, which I agree needs to be regarded as a concession that the defence
are correct, and Mr. Ward's helpful e-mail.

Briefly, my thinking is this

1, I am not sure that there is even ground for an abuse of process argument (there being no indictment to
stay), but I suppose that we know what the defence mean: they will invite the court to hold us to the
indication given and/or make no confiscation order.

2. Iam not sure that an abuse of process style argument would succeed, unless the defence can show real
prejudice by their reliance on Mr. Dove's indication between 1* May and receipt of the Section 16(3)
statement.

3. Otherwise, that indication would probably only serve to gain the sympathy of the court in deciding what
order to make.

4. Applying Neuberg as modified by Seager, I do not think it likely the benefit figure would be found to be the
full turnover, minus deductions (as helpfully set out by Mr. Harbinson).

5. But nor would the court necessarily fix the benefit at the level of direct loss and leave the running of the
business out of account. The precise finding might perhaps depend on the proportions of stolen monies
versus legitimate monies used to shore up the business.

6. Itseems to me that it is a matter for Royal Mail whether to agree to fix the benefit on the basis of the stolen
monies alone or go on to seek part of the turnover as well. If the latter, I obviously the hearing will not be
effective for the reasons helpfully explained by the defence.

I hope this helps.

Yours,
Henrietta

HENRIETTA PAGET

9-12 Bell Yard
London WC2A 2)R
Teleph

Fai
DX: LDE 390

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