R -v- CV Leeds Crown Court
Posted in Notable Cases on January 16, 2017
Ashmans Solicitors successfully defend Company owner to a favourable conclusion
The Defendant was charged with fraud by false representation in relation to his role with two companies plus a further charge of theft relating to an alleged loss to David Brown Ltd said to be over £113,000.
The Defendant was employed as a Logistics Manager for the said company. In his role the Defendant was obliged to report any other business interests but the Crown alleged that he failed to declare any. The Crown further went on to say that he was the sole Director of a company which received £137,000 from David Brown Ltd for supposed transport costs since 2006. This was alleged to be dishonest and incorrect.
The investigations revealed that the Defendant was in effect pretending to his employers that his company had transported goods when in reality other transport companies had carried out the works.
Following a painstaking exercise in which we requested the Defendant to bring all of his company records, an exercise took place in which we were able to nullify the Crown’s case. Lengthy jury defence bundles were created. As a result of the defence bundles being applied in cross examination of the lead Prosecution witness, a half time submission was carried out by defence Counsel. The Judge ruled in the Defendant’s favour and count two was removed from the indictment.
We were then able to successfully agree a limited basis plea for the fraud count and the Defendant pleaded guilty receiving a suspended sentence.