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From: Thomas Penn
Sent: 03 February 2010 12:24
To: ‘mark.dinsdale! >
I
y POH-3601D
Ce: jane.m.owent Lillywhite Tom : *
Subject: FW: WEST BYFLEET ISSUES
Importance: High
Mark / John
We have taken guidance from our Legal Department concerning the West Byfleet and Porters Avenue cases;
please read mail string.
The request (referenced 1. to 4.) referred to in David Jones’ instructions refers to the Porters Avenue
prosecution.
I am in the process of arranging the requisite internal meetings to determine timescales and costs for West
Byfleet requirements and we will revert as soon as possible.
Kind regards 1
Penny
Penny Thomas
Security Analyst, Customer Services
Fujitsu Services Retail & Royal Mail Group Account
Lovelace Road, Bracknell, Berks RG12 8SN
Tel:
Mob:
Fax:
E-Mail: penny.thomasi_.
Web: hitp://uk.fujitsu-com
Fujitsu Services Limited, Registered in England no 96056, Registered Office 22, Baker Street, London W1U 38W.
This E-mail is:only for the use of its intended recipient. its contents are subject to a duty of confidence and may be privileged. Fujitsu a
Services does not guarantee that this E-mail has not been intercepted and amended or that it is virus-free. ‘
From: Jones David M
Sent: 03 February 2010 11:42
To: Thomas Penny; Wilkerson Guy
Cc: Keeling David; Lillywhite Tom; Williams Roger; Roberts David (LON22)
Subject: RE: WEST BYFLEET ISSUES
Importance: High
Penny / Guy
I have now lookéd at this — both at the background and the specific information requested by the Defence
Expert. ‘
It is for POL to decide what they want us to do to support the prosecution as although there is no “property” in
a witness we are engaged to support POL contractually and will need them to cover the work involved. We
should ask POL (and via them their counsel) to confirm that they want us to do the work requested and
whether they want us to provide —
1. Access to the appropriate person with whom I can discuss how to
access an unencrypted version of the transaction files held on the
sub-post office terminals related to the Hosi case.
2. Access to the appropriate person with whom I can discuss the
structure of the transaction files, the mechanisms by which they are
synchronized with the central system and the records held centrally.
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3. An unencrypted copy of full transaction log of the sub-post office
terminals related to the Hosi case.
4. An unencrypted copy of the corresponding records held by the central
system
We need to explain what can be done and the time scales and costs involved and then Guy can put in place
an ATP to cover the work involved. If this work cannot be done in the timescales ordered by the court then we
! need to tell POL and its counsel so that they can apply to court for more time. We need an ATP and or
specific authority not just to cover our costs involved but to ensure that any disclosure and work have POL’s
approval.
POL and its counsel must also agree how we provideany access to our people for the Defence expert and
who is also present.and how the exchanges are recorded and minuted.
Any access must be subject to confidentiality agreement or a release from POL - our standard NDA will need
amending if-we are going down this route. All access should be joint with a suitable POL person in attendance
so that issues that arise from their requirements can be dealt with by POL and not us.
If necessary please feel free to forward this note to POL.
Best wishes
David
David M Jones, Head of Legal
UK Private Sector Division
From: Thomas Penny
Sent: 03 February 2010 10:40
To: Jones David M an
Cc: Keeling David; Lillywhite Tom oS
Subject: FW: WEST BYFLEET ISSUES
Importance: High
David
Please find below the list of questions asked of our expert, witness. Attachments
are:-
9c15.misra - 2°4 interim technical expert’s report 19.11.09 - defence’s expert
accountant’s report - comments requested
0202.Gareth - West Byfleet Final = - Gareth’s (Fujitsu expert) responses to
the defence’s expert accountant’s report
143.rtf - Eleanor Nixon’s statement - comments requested
In addition, and to present the whole picture for West Byfleet, a witness
statement prepared by Andy Dunks covering helpdesk calls for the outlet during
the period 30 June 2005 to 31 December 2009 has already been returned to Post
Office Ltd - WS West Byfleet 126023
Also looming is the Post Office Ltd prosecution relating to the outlet Porters
Avenue. The attached collection of notes - Porters Avenue Issues - are also
relevant.
As explained in my previous note the urgency here is that during the pre-court
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hearing for West Byfleet on Monday-1 February the judge ordered that all the
defence requests for further information be answered by 4pm on Monday 8
February.
Kind regards
Penny
Penny
I have just spoken to the solicitor dealing with this case. The question raised
by our barrister in his advice I states with regards the Eleanor Nixon statement is
as follows,
" The witness statement does not reveal a problem with Horizon's reliability but
rather a mistake that can easily be made with the layout of the screen. It may
be that the alleged layout problem is something which Fujitsu are aware of and
has been rectified. A copy of Mrs Nixon's statement should be forwarded to
Fujitsu for their comments. It should also be straightforward to ascertain
whether or not Mrs Misra was falling into the trap identified by Mrs Nixon.
The error described would presumably create a cash shortage matched by an equal
surplus elsewhere" -
A response to this question by Fujitsu would be appreciated, however brief.
Penny
I have just spoken to our barrister again and he has-asked for two more items to
be covered in Gareth's statement.
1) Can Gareth detail in his statement how Horizon is tested, how often and how “1
robust the tests are.
2) There have been changes of hardware at West Byfleet (base units). Could
Gareth comment on how this is done and how the new equipment is tested once
installed.
Penny a
Sorry to trouble you again but I had a further request from our barrister late on
Friday. He would like Gareth to respond in his witness statement to the points
raised in the Eleanor Nixon statement attached below.
In addition our barrister would like to speak to Gareth directly and would be
grateful if in the first instance whether Gareth could either send him his *
contact details or give him a call on his mobile. Our barrister is called
Warwick Tatford warwicktat ford jand mobile
number is /
Regards
Jon Longman
Eleanor Nixon's Statement - 143.rtf
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Penny
When Gareth completes his statement about Callender Square could he also mention
whether there are any-known problems with the Horizon system that Fujitsu are
aware of.’ If none could this be clarified in the statement. 4
The barrister dealing with this case has requested this additional information.
aeeen Original Message-----
From: john.longman!__ _ _ “GRO —
Sent: 28 January 2010 08:48 ,
To: Thomas Penny i
Subject: West Byfleet
Penny
My barrister telephoned me yesterday evening and requested that I found out any
information that Fujitsu may hold in relation to an office called Callender
Square in Falkirk. Apparently, Anne Chambers a Systems Specialist employed by
Fujitsu was cross examined and it is said that she had full knowledge of an error
in the Horizon system at this Post’ Office.
If Anne is still an employee of fujitsu could you please give me her direct
number so that I can contact her, or, alternatively, if there is any report or
documentation as to what the error was can this be forwarded to me asap.
Gareth’s draft witness statement in response to the accountant’s report
0202.Gareth ~ West Byfleet Final
Penny
Our defence barrister has asked for all of Gareth's replies in relation to the
Defences 2nd Interim Report (see attachment below) to be produced as a witness
statement. I would suggest that the question from the defence is reproduced and
then Gareth's replies are recorded immediately after for clarity purposes.
A pre court hearing has been set for the lst February and ideally if possible it
would be helpful if the statement could be received by Friday of this week.
Could you let me know if this is going to be possible.
EXPERT ACCOUNTANT’S REPORT ATTACHED (SAME EXPERT AS PORTERS AVENUE CASE)
9C15.MISRA - 2N? INTERIM TECHNICAL EXPERT'S REPORT 19.11.09
Penny Thomas
Security Analyst, Customer Services
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Fujitsu Sefvices Retail & Royal Mail Group Account
Lovelace Road, Bracknell, Berks.RG12 8SN
Web: hitp:/uk.fujitsu.cor
Fujitsu Services Limited, Registered in England no 96056, Registered Office 22, Baker Street, London W1U 3BW
This E-mail is only for the use of its intended recipient. Its contents are subject to a duty of confidence and may be privileged. Fujitsu i
Services does not guarantee that this E-mail has not been intercepted and amended or that it is virus-free. .
03/02/2010