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Royal Mail
LJ
The Real Network
Memo
27" May 2005 Legal Services
Impact House
2 Edridge Road
S & A Casework CROYDON
CR9 1PJ
c.c. Colin Price
ROYAL MAIL GROUP plc v TAHIR MAHMOOD
CASE Ni 506/0061
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.
I had considered charging theft on the basis that there is no explanation for
such a large loss which is alleged to have occurred over 2 years. Clearly the
error notices obtained do not support the Defendant's claims that the loss
occurred as a result of mistakes. I have however preferred charges of false
accounting on the basis that the Defendant will no doubt continue to deny theft
and could escape conviction on the basis that he was not the only one who had
access to the Office thus casting suspicion on his father. Whilst the
Defendant's father officially had little access to the Office, his interest in the
premises suggests that he was no doubt free to come and go as he wished.
The remaining admitted offences namely similar offences of false accounting
for the weeks not charged, can be dealt with as offences to be taken into
consideration after conviction. Please ensure the schedule is available for the
first hearing.
In view of the serious and systematic nature of the alleged offences and the
large amount of money involved this offender should be prosecuted.
This case is, in my opinion, more suitable for trial in the Crown Court.
In order to comply with Guidelines issued by the Home Office which restrict the
time between completion of investigation and laying of information, I would ask
that you ensure that the decision is made within 5 working days of receipt of the
papers by you.
When the decision has been taken please retum the papers to obtain
summonses.
No further statements need be obtained at this stage.
© Royal Mail 2002 - Page 1 of 3
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 9H
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If the Defendant should elect trial or if the Magistrates refuse jurisdiction or if a
Not Guilty plea is entered, the Officer should obtain and associate all necessary
statements and exhibits. I list below the statements which appear to be
necessary in this case, but the Officer 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.
2 Copy statement explaining how the accounts are produced and
balanced.
3 A statement explaining how losses should be accounted for and how
error notices are produced.
4 Copy statement dealing with audits in March 2003 and April 2004.
5 Copy statement from Interviewing Officer and Officer present during
interview.
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 concerning disclosure. I would refer you particularly to
paragraph 4.10 of the Security Community Codes of Practice and also to
paragraph 5 (5.1 - 5.3) of the Codes. Please let me have the necessary
information on Forms CSOO6C, D and E in that event. The schedules must be
signed. If you need any assistance in this respect please contact me.
As we are now required to serve the prosecution papers on the Defence at
least 14 days prior to committal, it is essential that we receive them at least 21
days before the proposed committal proceedings or summary trial date. If we
are not in a position to proceed on that hearing date, we may face a wasted
costs order.
It is intended to make application for compensation. On return of the papers,
please advise cost of special delivery / total loss to the Business.
The prosecution will be conducted by my Agent Mr John H Dove, Solicitor
Advocate of Central Solicit bers, P O Box 10993, Birmingham, B13
Please liaise with Agents before fixing
a hearing date.
© Royal Mail 2002 ~ Page 2 of 3
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 SHQ
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The papers should be returned to this Office by at least four weeks before the
hearing date in order that I may send the instructions to Agents.
JAMcFarlane
Principal Lawyer
Criminal Law Division
Ref: CRM/249106/JMcF
© Royal Mail 2002 - Page 3 of 3
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 9H
t:\criminal work folders\mcfarlane juliet - crm\249106 - mahmood\249106m1.doc
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