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Student cleared of exam fraud… because no money was involved

Amanda Leek, 1:00 pm, Thursday, 10 May, 2012

A student has been found not guilty of impersonating another student in an exam after a court decided there would have been no financial or property loss.

Dev Aditya was found not guilty of exam fraud

Dev Aditya, from Bangladesh, was accused of impersonating a fellow student in an English competency exam on 12th November 2010. A committal hearing on 7^th September 2011 found there was sufficient evidence for him to face trial.

The law student was found not guilty of fraud by false representation at Harrow Crown Court on 2nd May.

Aditya was charged under Sections 1 and 2 of the Fraud Act 2006 which states:

A person is in breach if he:

a)    Dishonestly makes a false representation, and

b)    Intends, by making such representation, to make a gain for himself or another, or to cause loss to another.

Legal arguments were heard in court on the meaning of “gain” and “loss” defined under the Act as they must be quantifiable in cash or property terms.

Following evidence given by Sally Trevor, Brunel University’s academic director, on the value of the exam pass certificate, the prosecution decided to offer no evidence against Aditya.

The judge directed the jury to find the law student not guilty and he was discharged from court.

Mr Aditya gave his address in court as student halls in Kingston Lane.

A Brunel University spokesperson added: “Naturally the University cannot comment on current enquiries.”

“However it is essential that a degree from Brunel University continues to be held in high esteem by both present and past students, employers and society at large and we will act vigorously to protect the quality of our degree awards.”

Blaise Shervington of Harrow Solicitors and Advocates, who represented Aditya, said: “Mr Aditya now wishes to focus on completing his studies at the university. The disciplinary procedure is ongoing and therefore we cannot make further comment that may prejudice those proceedings.”

The matter is now being dealt with by Brunel University’s internal disciplinary procedures.

Robert Colover was the defence barrister and a Miss Pandya appeared for the Crown Prosecution Service.

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