QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF MOGENS HAUSCHILDT||Claimant|
|HIGHBURY CORNER MAGISTRATES' COURT||Defendant|
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Ms A Pinto QC (instructed by the Crown Prosecution Service) appeared on behalf of the Defendant
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"Further to our telephone call of this afternoon just to confirm that I will contact Mr Labunski and arrange an appointment for his voluntary attendance at Holborn [Police Station]. I shall let him know that you will need him for half a day to discuss his role as a director of Spazi and potential money laundering issues arising.
I shall also contact Mr Hauschildt and organise for his voluntary attendance in between Romana's scheduled chemotherapy. [That is a reference to Mr Hauschildt's partner.] I shall explain that questioning may take 2 days, but that he has your assurance that he will be able to return thereafter to care for his partner. I will explain that although you are aware that he will essentially be bailed to an address outside the jurisdiction you would not oppose his release as his voluntary return would be indicative of a willingness to assist."
It is accepted that that email was received by the officer.
"THE DISTRICT JUDGE: I was told this morning that you had said that you would not oppose bail.
DC LOFTUS: Yes I had an email from Mr Hauschildt's solicitor asking me not to oppose bail but I thought it was nonsensical. She is supposed to be an experienced solicitor who knows that this would mean nothing. I had a firmly held belief that if I did not give that assurance to her I would never see him again."
"MR WINTER: Do you agree that you indicated that you would not oppose bail if Mr Hauschildt came back?
DC LOFTUS: Yes but I am saying it was nonsensical and she should have known it. It was nonsensical and a stupid question which she shouldn't have asked.
MR WINTER: Are you saying that you deceived his solicitor?
DC LOFTUS: My response was equally nonsensical.
MR WINTER: Are you saying that you gave her a false assurance? That you lied to her?
DC LOFTUS: It wasn't true. I gave her a false assurance yes, as I believed I wouldn't see Mr Hauschildt otherwise. I think he came here thinking he would avoid capture."