ROYAL MAIL GROUP (POST OFFICE LTD) — CASE REVIEW
R. v Mohammed Luqman
Bradford Crown Court
Offence
1.
On the 7" September 2010 this defendant was sentenced at the Bradford
Crown Court to 12 months imprisonment suspended for two years with a 200
hour unpaid work requirement for an offence of False Accounting. The single
charge alleged that on or about the 30 March 2005 he had falsified the weekly
cash account for Paddock Post Office to show that the cash in hand was
greater than the true figure. Costs were awarded in the sum of £500.00.
Case history
2. This case was listed before the Huddersfield Magistrates Court on 16" March
2010 when the case was adjourned... The case was next listed on 6" April 2010
for mode of trial — the magistrates declined jurisdiction. The case was
adjourned to the 8" Of June 2010 when it was committed to Bradford ICrown
Court. The PCMH was fixed for 30" July 2010 where the defendant pleaded
guilty to the false accounting count on a full facts basis and was adjourned to
the 7" September 2010 where he was sentenced as above. The Count alleging
theft was not proceeded with.
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Prosecution case
3. The defendant, Mohammed Luqman was during the relevant period the
subpostmaster at Paddock, Sub Post Office, Huddersfield. He had been
working as such for 9 years prior to his suspension.
4. On 7" October 2009 auditors attended the Paddock Sub Post Office owing to
concerns over stock adjustments.
5. On the date of the audit, 7 October 2009, the auditor found a total shortage of
£49,553.92 made up as follows:
¢ £62.00 (+) identified as a difference in stock figures
e £49,615.92 (-) Net Discrepancy declared from previous balance within
current trading period.
6. Mr Luqman informed the auditor that he expected a shortfall in the audit but
not by how much it would be short. He told the auditor that over the previous
six years when a deficiency occurred in the weekly/monthly balances he would
make good the shortage by recording the cash in the Post Office account
without actually depositing the money.
7. In his interviews, conducted under the provisions of the Police and Criminal
Evidence Act 1984 and the relevant Codes of Practice, on the 20" October
2009, the defendant said:
— He had had regular monthly losses for 5-6 years.
— Although he knew he was contractually obliged to make good the
losses he was unable to do so and would declare on the system that
cash had been deposited. During this time he had been submitting false
accounts to the Post Office.
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— Initially he said that the losses were due to his incompetence but later
said that he had been paying personal bills through the post office as he
could not pay them any other way.
— He admits to paying about £9,000 of bills but not the full amount of the
shortage.
— Ifhe had not taken this course his retail business would have folded.
Defence case
8. In interview the defendant admits both taking Post Office money and false
accounting to cover up losses for which he knew that he was contractually
liable.
Discussion
9. This is a case where the defendant pleaded guilty at the first appearance in the
Crown Court. It is difficult to see how he could have been assisted by the
issues raised by the Second Sight Interim Report which, even had we been
aware of it we almost certainly would not have disclosed at this stage or indeed
at all in this case where there were full admissions to the offence charged.
10.On his own admissions in interview and those made through his legal
representatives he is guilty of the offence to which he pleaded guilty. The
account given is of a six year deliberate campaign of theft and false accounting
to avoid liability for the deficit in his accounts.
11. No Horizon or training issues are raised directly.
Conclusion
12. This is a case in which, had we been possessed of the Second Sight Interim
Report, we would not have needed to disclose anything contained therein to
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this defendant. The passage of time has not changed that position, in my
opinion, and we need take no further action upon this file.
Harry Bowyer 22" November 2013
Barrister
Cartwright King Solicitors