IN THE BRADFORD CROWN COURT
REGINA
“Ve
- KHAYYAM ISHAQ
DEFENCE CASE STATEMENT
1. This Defence Case Statement sets out in general terms the defence of Khayyam
Ishaq and the principal matters upon which issue is taken with the Crown. It is served
for no other purpose.
2. Nothing in this Defence Case Statement should be taken as constituting an
admission as defined in Section 10 of the Criminal Justice Act 1967. No admission is
made in respect of any matters or any assertion in the Prosecution case except where
there are specific statements to the contrary in this document.
3. The Defendant reserves the right to challenge the admissibility of any material
referred to in the Prosecution evidence. The Defendant further reserves the right to
amend the Defence Case Statement upon disclosure of additional evidence or if
further issues arise from material already served or served in the future.
4. Any failure to refer in this Defence Case Statement to the matters set out in the
Prosecution evidence should not be taken as an agreement or acceptance of any such
matter.
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5. It is the defence contention at the outset that upon the limited material served by
the Crown to support the prosecution case, that the prosecution case is unclear most
particularly in relation to the manner by which the figure of 221,168.84 is quantified.
General nature of the defence case.
6. The Defendant is charged with theft of £21,168.64 contrary to Section 1(1) of the
Theft Act 1968.
7. The nature of the Defence in relation to this allegation is :
(i) There was no appropriation of monies. The Post Office “Horizon” software /
difficulties in reconciling sales, receipt and stock figures. The Defendant had
Teported the same tothe Post Office alpine seeking assistance but little or no
— id request
sai requests. ty poor
(i) The Defendant had of necessity to make certain adjustments by way of
successful assistance was afforded to him despite the
“reversals” on the Horizon system so as to ensure the sales, receipt and stock
figures reconciled. This was done on the basis of clear malfunctioning of the
system (and in accordance with the limited training given to the Defendant by the
Post Office in the past with very limited support thereafter) and not in order to
appropriate any sums of money.
(iii) Accordingly there was no dishonest or otherwise appropriation of property
and/or monies belonging to the Post Office.
(iv) The defendant contends that upon all core data from the Horizon hardware /
software system (used by the Post Office Auditors) being provided to him the
defence should be able to demonstrate that all sales, receipt and stock figures
properly reconcile,
8. The defendant accordingly denies that he was a party to any theft that may be
proved by the prosecution.
9. The defendant takes issue with each and every prosecution witness that asserts
otherwise than the defence outlined above.
10. The defence requires disclosure of all material in the hands of the prosecution
and/or third parties (cited herein or otherwise) pursuant to the provisions of the
Attorney General's Guidelines on Disclosure (as revised) that might reasonably assist
the defence of Khayyam Ishaq and/or might reasonably undermine the prosecution
case against him.
11, Without prejudice to the foregoing the Defence specifically request :
iii,
The full file of papers relating to this investigation (as the paginated papers
served upon the defence to support the prosecution are clearly a small extract
of the full file of papers relating to this case) ;
All material to the knowledge of the prosecution in existence (whether in the
hands of the prosecution or third parties) that reasonably supports (or is
reasonably capable of supporting) the contention that the Post Office Horizon
software / hardware system has proved to be unreliable and/or inaccurate
and/or unstable and/or susceptible to malfunction and/or otherwise prone to the
production of erroneous results ;
The outcome of all enquiries in relation to other Post Office Staff and/or
contractors who have been the subject of investigation by the Post Office or
any other investigative body in relation to allegations of dishonesty related to
the use of Post Office Horizon hardware / software ;
The full results (whether provisional or final) of all internal and/or external
investigations and/or enquiries and/or reviews (whether instigated by the Post
Office or any other body) into the correct functioning of the Post Office Horizon
hardware / software system ;
See (rary 2.
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v. _ Any internal memoranda and/or guidance notes and/or other material dealing
with the correct or incorrect functioning of the Post Office Horizon hardware /
/
software system ; t
vi. All Horizon system data for the period 2" November 2011 to 31" January 2012
used to produce exhibit SB/21 ; rolrebinarL
An indication of the actual Horizon system data as would have been visible to
vii.
the Defendant showing sales of stamps on dates referred to in Stephen I
Bradshaw's statement (Pages 17 to 21) and subsequent reversals referred to
therein.
vii. The original signed statement of Umair Liagat
This defence statement has been read and approved by me.
(Khayyam Ishaq)
gal yin
Date
Musa Patels Solicitors LLP
GRO