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30/07/04 - Letter from the Solicitors

Cauthery, Waterman & Cheetham
Solicitors

4 Church Street
Peterborough
PE1 1DJ
DX12350 Peterborough
Tel: (01733) 891234
Fax: (01733) 310098

Hugh A. Cauthery, LLB, Solicitor-Advocate (Higher Courts Criminal)
Anita U. Waterman, LLB
R. Antony Cheetham, LLB, Dip. Et. Jur.


HAC.EPM.OMA011
30 July 2004

Dear Mr O'Mahoney,

LINCOLN CROWN COURT, FRIDAY 6 AUGUST 2004 (REVIEW HEARING) FINAL HEARING - MONDAY 23 AUGUST 2004 (TIME ESTIMATE 4 DAYS)

I confirm that you are required to attend Lincoln Crown Court on Friday 6 August at 10.00 am. I suggest that we meet at about 9.30 am. The purpose of the hearing is primarily to satisfy the court that both prosecution and defence are ready for the trial.

Your Counsel, Mr Ebraham Mooncey, has confirmed that we shall have a conference immediately after the hearing and we can discuss all relevant matters then.

I have not yet had any positive response from the enquiry agent who I asked to try to trace Mr Robert Hunns. The enquiry agent has pointed up two addresses but so far without positive result. I know from experience that this gentleman is very thorough and, if there is any reasonable prospect of locating Mr Hunns, our agent will be most likely to achieve it.

In any event, I am bound to say, especiaiiy in view of your latest instructions, en the matter that I do not think that, even if Mr Hunns were willing to attend court, that his presence would be altogether helpful. As things stand, you seem to me to have a good arguable case especially with the assistance of your two independent witnesses.

On the subject of your witnesses, Counsel has advised that none of them will be needed until the second day of the trial at the earliest. My view is that in practice.it is unlikely that they will be needed before the third day. Nevertheless, it is important that you have a mobile telephone number for each of them so that their attendance could be arranged at short notice.

I have written to all your witnesses to advise them of this situation and requesting telephone numbers.

I can also report that on 23 July Counsel attended court to resist an application by the prosecution to have the trial vacated on account of the inability of Mrs Richardson to attend court in the week commencing 23 August. We were successful and the court ordered that the listing will stand. Therefore the final hearing will take place on 23 August (with a four day time estimate).

Yours sincerely,
Hugh A Cauthery
Contact : bernard.omahoney@bernardomahoney.com
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