POL00059808 - Email chain between Rachael Potter and Barry James Robson Re: Wylie - further requests for disclosure

Evidence on official site

POLO00059808
POL00059808

Message
To: barryjamesrobson{
Subject: FW: Horizon cases

Attachments: Wylie - further requests for disclosure.pdf; SJ s.9 Audit.pdf

Hi Barry

As discussed, please see attached and below. I will catch up with you again tomorrow.

Kind regards

Rachael

Sent: 18 February 2013 13:19
To: 'Steve Bradshaw’
Subject: FW: Horizon cases

Hi Steve

Hope you are well. We've had a new request from the defence solicitors in Wylie, requesting further evidence. They have
listed the case for a mention on 20 Feb 2013 to argue about disclosure and moving the trial date back.

I thought we had already served your statement that deals with the independent audit, having reviewed the file it doesn't
look like we have a copy, please could you copy and paste the attached so that I can serve it on them as soon as
possible.

As you will see from my email below, I have asked our expert to comment on how much more information we should give
to the defence in order for their expert to comment on the case. I will let you know what he says.

Speak to you soon

Rachael

From: Rachael Panter

Sent: 18 February 2013 13:12
To: ‘Jenkins Gareth GI’ ; 5

Cc: martin smith; 'Penny. Thomas GRO "Jarnail A Singh’
Subject: RE: Horizon cases” =

Hi Gareth

I would aim to get to court at 9:00am, the trial is likely to be called on at 10am but our counsel is hoping that you can talk
to the defence expert before the case is called on. If you don't mind, I will email Mark Ford (our barrister) your mobile
number so that he can call you on the day. Once you arrive at court there should be lists on the wall which provide the
names of the defendants sitting in each court room. If you check the lists and wait outside the courtroom I will let our
counsel know that you will be waiting there. The address is:

Bradford Law Courts
Exchange Square

Drake Street

Bradford West Yorkshire

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England
BDI WA

There have been some recent developments in the Wylie case. On Friday I received a letter and copy of an expert report
from her defence solicitors requesting further disclosure. Please see attached.

As Ms Wylie has failed to particularise any specific issues that she has with the system, I am of the view that we have
nothing further to disclose. The matter is listed for an application to vacate the trial date and discuss disclosure on Weds
20th February 2013. You will not be required to attend on the 20th Feb, but depending on the outcome of that hearing,
the trial date may be moved back to a later date.

Please could you read and consider the defence expert's report attached and email me any thoughts that you have on his
requests for disclosure.

To date we have served our case which includes a copy of your report. Will the defence need to have copies of the raw
data for their expert to consider? Please could you advise how much further information the defence will reasonably need
in order to carry out their assessment of the Horizon system.

I will let you know the outcome of that hearing, please do not hesitate to contact me if you have any queries.
Many thanks

Rachael

From: Jenkins Gareth GI [:
Sent: 18 February 2013 1
To: Rachael Panter

Cc: martin smith; '‘Jarnail A Singh'; Thomas Penny
Subject: RE: Horizon cases

Rachael,

’'m now booked into Bradford (Holiday inn) from Sunday to Wednesday with an option to leave early and an open
return train ticket.

What time should I get to court {presumably the Crown Court at Drake Street BD1 LA} and who do I need to

contact? Presumably I look for the court holding the case for Khayyam Ishaq? I should be contactable on my mobile
{number below) if that makes contact simpler.

Also, what is the situation regarding the case of Kim Wylie scheduled for 4" to 3" March in Newcastle? Am I required
for this and if so what do I need to do when? If you don’t know yet, when are you likely to be able to give me an
update?

Regards

Gareth

Gareth Jenkins
Distinguished Engineer
Business Applications Architect
Post Office Account

us

ce Road, Bracknell, Berkshire, RG12 BSN

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From: Jenkins Gareth GI

Sent: 15 February 2013 08:16

To: ‘Rachael Panter’

Cc: martin smith; 'Jarnail A Singh'; Thomas Penny
Subject: RE: Horizon cases

Thanks Rachael,

"ll book myself a hotel from Sunday 24" to Wednesday 27" and an open train ticket and see how things go.

Regards

Gareth

Gareth Jenkins
Distinguished Engineer
Business Applications Architect
Post Office Account

ai

Fujitsu is proud to partner with Shelter, the housing and homeless charity

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es Please

sider the environment - do you reaily need to print this email?

From: Rachael Panter §
Sent: 14 February 2013 17:38
To: Jenkins Gareth GI

Cc: martin smith; 'Jarnail A Singh’
Subject: RE: Horizon cases

Hi Gareth

I have an update for you on the Ishaq trial. Our counsel Mark Ford would like you to attend court on the Monday morning
before the start of the trial to allow you to discuss the case with the defence ‘expert’. I think the rationale behind this is to

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narrow any issues that we may have with the defence from the outset so as to try and reduce the amount of time that you
are required to attend.

Our counsel is still waiting to hear from defence counsel and will update us if any issues arise. However your presence
on the first day will still be required so you can make your travel arrangements. I don't know if you will be required for the
full three days, that will become clearer on the first day of trial.

Please do not hesitate to contact me if you have any queries.
Kind regards

Rachael

From: Jenkins Gareth G
Sent: 13 February 2013 13:59
To: Rachael Panter

Cc: ‘Jarnail A Singh’; martin smith; Andy Cash
Subject: RE: Horizon cases

Thanks Rachel,

Getting an update early next week is fine. Presumably the same is true for the Wylie case the following week (ie you
won’t know if I’m required until about a week in advance).

Vil try and get the other two statements sorted out over the next few days.

Regards

Gareth

Gareth Jenkins

Distinguished Engineer
Business Applications Architect
Post Office Account

Fujitsu is proud to partner with Shelter, the housing and homeless charity

Reshaping ICT, Reshaping Business in partnership with FT.com

fer the environment - do you really need to print this emait?

From: Rachael Panter }

Sent: 13 February 2013 13°54
To: Jenkins Gareth GI

Cc: ‘Jarnail A Singh’; martin smith; Andy Cash
Subject: RE: Horizon cases

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Gareth

Jishaan Patel - It is highly unlikely that you will be required to attend in this case. We have served your statement, the
defence have acknowledged receipt, but have not stated that they wish to call you as a witness. They have 7 days upon
receipt of your statement in which to inform us if they would like you to attend. As they have not done so, and the 7 days
has more than expired, we have done all that we can in the circumstances. To that end, we will need you for the Ishaq
case, and would like you to attend the Ishaq trial on 25th February 2013 at Bradford Crown Court.

Ishaq Trial - I have made enquiries this morning to see if you will be required for the full 3 days and to be there early on
the Monday. I believe that our counsel is in the process of liaising with defence counsel over the issue of the Horizon
system as Ishaq's defence is that it was necessary for him to make adjustments due to the faults with the Horizon
system. Once both barristers have liased with each other over the salient issues in this case, our counsel will have a
better idea of how long you will be needed, and which date that might be. I appreciate that you will want to make your
arrangements as soon as possible. What I propose to do is wait until Monday 18th Feb, I will call our counsel to establish
what the position is, and ask him to advise me on when you will be required to attend. I will send you an email on
Monday, so that it will give you the rest of that week to organise a hotel etc.

Thomas Brown - The defence do not have to serve a defence case statement setting out the nature of their defence until
the 31st March 2013. I am in the process of obtaining more evidence from the investigators to bolster our case. Please
could you provide a generic report as you did in the Nemesh Patel case, as we know that they have a general criticism of
the Horizon system, but will not know any particulars for some time.

Jamie Dixon - I would still like a statement from you in this case, that considers any issues that Dixon has set out in his
DCS. In terms of the fact that you knew Dixon, I would add a single line in your statement that sets out how you knew
him, ie that you are aware that Dixon worked for Fujitsu for a period of time,..... A line which covers how/ the extent of how
you knew him will be fine. If it is the case that Dixon would have a better working knowledge of the Fujitsu system
compared to other Subpostmasters, you could say that, ie I expect that as Jamie Dixon worked for Fujitsu for x amount of
years, his knowledge of the system would be....

Just write a line or two that covers your knowledge of the fact that Dixon worked for Fujitsu and what effect that may have
if any. You could include that line in the concluding stages of your report, wherever you feel it is most appropriate.

It will not make much of a difference to the content of your report, as the main purpose of your statement is provide
expertise on the workings of the system. I would not like to omit the fact that you are aware of Dixon's experience at
Fujitsu as there is no reason for us not to reveal that fact.

I hope this assists, please do not hesitate to contact me if you have any queries. I will be in touch next week with an
update on the Ishaq trial arrangements.

Many thanks

Rachael

From: Jenkins Gareth GI { _
Sent: 12 February 2013 16:3
To: Rachael Panter

Cc: martin smith; 'Jarnail A Singh’
Subject: RE: Horizon cases

Rachael,
Thanks for the update and the new case to add to the list!

Feb 25" is getting quite close. When is this likely to firm up and when should I be looking at putting together travel
plans and booking hotels? Am I required for the full 3 days and if so what time do I need to get there on Monday

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(earliest train from home gets there around 11am, but I might drive or travel on Sunday}. Similar questions apply for the
following week.

lalso have Jishaan Pate! down for 26/2/13. This clashes with Ishaq (in terms of dates). Is this still continuing or can!
cross it off the list?

For your info, 1am on leave for 11°" to 13” March (which doesn’t clash with any existing dates).

I had a quick look at the Thomas Brown files. I think I can guess what is being referred to but I don’t feel able to make
anything other than a generic statement (as for the Nemesh Patel case) without any further info or investigating the logs
from the time. Do you want such a statement at this time or do you want me to wait for more info? Similarly, do you
want me to produce a statement for the Jamie Dixon case? Does the fact that I knew him from when he worked for Post
Office Ltd make any difference?

Regards

Gareth

Gareth Jenkins
Distinguished Engineer
Business Applications Architect
Post Office Account

Fujitsu is proud to partner with Shelter, the housing and homeless charity

Reshaping ICT, Reshaping Business in partnership with FT.com

wh Pleas

ler the environment - do you really need to print this emait?

From: Rachael Panter
Sent: 11 February 2013 16:34

To: Jenkins Gareth GI

Cc: martin smith; ‘Jarnail A Singh'
Subject: RE: Horizon cases

Hi Gareth

Hope you are well. There haven't been any new developments recently on the existing cases that you have prepared a
report on.

In terms of the dates referred to in your email, the following cases are still listed for trial:
POL v. Wylie - trial at Newcastle CC, currently listed for 4-8th March 2013.

POL v. Ishaq - trial at Bradford Crown Court, 25th February 2013 and is due to last for 3 days.

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There is another POL case that requires a copy of your generic report, the case of POL v. Thomas Brown. I have
attached a copy of the case summary and draft charges.

At present the defence have not been ordered to serve a defence case statement until the 31st March, so I haven't been
able to attach a copy for your consideration.

Please see the email correspondence below between myself and counsel.

Please could you prepare a report that deals with the generic criticism of the Horizon system and any detail that may deal
with the relationship between the Camelot and Horizon system.

I have a copy of your report from the Nemesh Patel case which covered these issues.
Please do not hesitate to contact me if you have any queries.
Kind regards

Rachael

Hi Rachel,

the judge has allowed the defence until the 31st March to serve a defence statement and any defence report which they
intend to rely upon. The reasoning behind this timetabling is to allow us to serve any unused material dealing with the
Horizon system first as part of preliminary disclosure. The defence however will be a general allegation of unreliability on
the part of the Horizon system.

Could the report cover the system for transfering money from the main account to the lottery account and how such
transfers could be affected - i.e. would it be possible for the transfer that occured during the audit to have happened
without the D's involvement, which would appear to be the defence.

I have skype, if you want to join in the conference next Friday.

Best wishes,

Chris.

Sent: Thu 31/01/2013 14:05
To: Christopher Rose; ‘Suzanne Winter’
Subject: Thomas Brown DCS

Hello Chris & Suzanne

I've just been glancing over the file in order to instruct the Horizon expert to prepare a report, but there doesn't appear to
be a copy of the defence case statement on the file, could you send me a copy please?

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Kind regards

Rachael

From: Jenkins Gareth GI I
Sent: 11 February 2013 14:38
To: Rachael Panter; martin smith
Cc: ‘Jarnail A Singh’

Subject: RE: Horizon cases

Rachael / Martin,

Has there been any update on this (and other cases)?

Specifically, is there anything further you are expecting from me (apart from the Dixon case ~ which I know I’ve not
addressed)? Also I’ve currently pencilled in 2 weeks from 25/2 to 8/3 for being in court and away from home. Cant
release any of that time yet?

Regards

Gareth

Gareth Jenkins
Distinguished Engineer
Business Applications Architect
Post Office Account

Fujitsu is proud to partner with Shelter, the housing and homeless charity

Reshaping ICT, Reshaping Business in partnership with

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you really need to prin

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From: Rachael Panter [!__
Sent: 04 February 2013 12:06
To: Jenkins Gareth GI

Cc: martin smith; 'Jarnail A Singh’
Subject: RE: Horizon cases

Gareth

Thank you for your email containing your comments on the Ishaq DCS. I appreciate that there are only specific elements
of the DCS that you can comment on.

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My colleague Martin Smith is attending a mention tomorrow for this case during which the issue of disclosure will be
discussed with all parties present. I think the best thing to do is to await the outcome of that hearing, as I imagine the true
elements of the defence will come to the fore.

We will be in a better position after the mention, to advise you as to whether any of your further comments are needed in
your report.

Thank you for your assistance, I will be in touch.
Kind regards

Rachael

From: Jenkins Gareth G
Sent: 01 February 2013 0!
To: Rachael Panter

Ce: ‘Jarnail A Singh’; Andy Cash; Andrew Bolc; martin smith; Thomas Penny
Subject: RE: Horizon cases

Rachael,

Attached is my initial response to the Defence Case Statement you sent me.

don’t think there is anything in it that could be added to the statement (but you may disagree). I also note that this is
dated August 2012 and so was produced some time before my Statement. Is there any later statement I need to look

at?

As I said yesterday, I'll be out of the Office all of next week, but may pick up emails in the evenings, so won't be able to
do much more until the 11" Feb.

Regards

Gareth

Gareth Jenkins

Distinguished Engineer
Business Applications Architect
Post Office Account

Fujitsu is proud to partner with Shelter, the housing and homeless charity

Reshaping ICT, Reshaping Business in partnership with ET.com

hw Please consider the environment - de you rea

need to print this email?

From: Rachael Panter [}__
Sent: 31 January 2013 17:
To: Jenkins Gareth GI; Thomas Penny

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Cc: 'Jarnail A Singh’; Andy Cash; Andrew Bolc; martin smith
Subject: RE: Horizon cases

Hi Gareth

The week of the 11th Feb will be fine for Ishaq. Both Wylie and Patel are still listed for the dates that you have referred to
in your email.

I will ask my collegue Andy Bolc to let you know what was said in the Grant Allen as I don't have that information to hand,
but he can update you on that. I will let you know if there are any changes to dates for the cases that you have provided
reports on.

Thank you for your assistance, I will be in touch.
Kind regards

Rachael

From: Jenkins Gareth GI [i
Sent: 31 January 2013 17:01

To: Rachael Panter

Cc: Thomas Penny; Andrew Bolc; martin smith; ‘Jarnail A Singh’
Subject: RE: Horizon cases

Rachael,
I'm fine thanks. Hope you are too.
Thanks for the update. I'll make a note of the dates. No problem with them at present.

Vil have a look at the Ishaq stuff and get back to you. When do you need anything? I'm tied up all of next week so I may
not be able to get anything formalised until the week of 11°" Feb. Is that OK?

What exactly was the conclusion of the Grant Allen case? I was particularly concerned about his allegations regarding
the problems caused due to refurbishment and comms issues being the reason for some of his losses. Was anything said
publically about any of that? We were quite concerned that this might set a precedent.

1 also have Patel pencilled in for week of 25/2 and Kim Wylie for week of 4"" March. Are these still on?

Regards

Gareth

Gareth Jenkins
Distinguished Engineer
Business Applications Architect
Post Office Account

FUud

POL-0056287
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From: Rachael Panter [:
Sent: 31 January 2013 16:05

To: Jenkins Gareth GI

Cc: Thomas Penny; Andrew Bolc; martin smith; ‘Jarnail A Singh’
Subject: Horizon cases

Hi Gareth
Hope you are well. Just to let you know where we are with a couple of cases.
Grant Allen - this case has concluded now so you will not need to attend.

Ishaq - Having served your report, the defence have queried it and are claiming that Ishaq had to
make false entries in order for the figures to reconcile, as the Horizon system kept malfunctioning.

The trial is listed for the 25th February 2013 for 3-4 days. Please could you make a note in your diary,
as you will be needed to attend to clarify our position with Horizon.

Our barrister has asked if you could read the Defence case statement attached and make a list of your
initial thoughts on the assertions that he is making. We may need you to add a few of those
comments into your report so that each issue is addressed.

Thave attached a copy of the case summary for your assistance.

Sefton & Nield - This trial is listed for week commencing 22 April 2013, but it may start on the 18
April 2013, please could you pencil in your diary to attend court for the two weeks beginning
15/4/13.

Please do not hesitate to contact me if you need any further information.

Kind regards

Rachael

Rachael Panter

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PFU Imaging Solutions Europe Limited, registered in England No 1578652, registered office Hayes Park
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Unless otherwise stated, this email has been sent from Fujitsu Services Limited, from Fujitsu (FTS) Limited, or
from Fujitsu Telecommunications Europe Limited, together "Fujitsu"

This email is only for the use of its intended recipient. Its contents are subject to a duty of confidence and may
be privileged. Fujitsu does not guarantee that this email has not been intercepted and amended or that it is virus-
free.

Fujitsu Services Limited, registered in England No 96056, registered office 22 Baker Street, London W1U
3BW.

Fujitsu (FTS) Limited, registered in England No 03808613, registered office 22 Baker Street, London W1U
3BW.

PFU Imaging Solutions Europe Limited, registered in England No 1578652, registered office Hayes Park
Central, Hayes End Road, Hayes, Middlesex, UB4 8FE.

Fujitsu Telecommunications Europe Limited, registered in England No 2548187, registered office Solihull
Parkway, Birmingham Business Park, Birmingham, B37 7YU.

Unless otherwise stated, this email has been sent from Fujitsu Services Limited, from Fujitsu (FTS) Limited, or
from Fujitsu Telecommunications Europe Limited, together "Fujitsu".

This email is only for the use of its intended recipient. Its contents are subject to a duty of confidence and may
be privileged. Fujitsu does not guarantee that this email has not been intercepted and amended or that it is virus-
free.

Fujitsu Services Limited, registered in England No 96056, registered office 22 Baker Street, London W1U
3BW.

Fujitsu (FTS) Limited, registered in England No 03808613, registered office 22 Baker Street, London W1U.
3BW.

PFU Imaging Solutions Europe Limited, registered in England No 1578652, registered office Hayes Park
Central, Hayes End Road, Hayes, Middlesex, UB4 8FE.

Fujitsu Telecommunications Europe Limited, registered in England No 2548187, registered office Solihull
Parkway, Birmingham Business Park, Birmingham, B37 7YU.

Unless otherwise stated, this email has been sent from Fujitsu Services Limited, from Fujitsu (FTS) Limited, or
from Fujitsu Telecommunications Europe Limited, together "Fujitsu".

This email is only for the use of its intended recipient. Its contents are subject to a duty of confidence and may
be privileged. Fujitsu does not guarantee that this email has not been intercepted and amended or that it is virus-
free.

Fujitsu Services Limited, registered in England No 96056, registered office 22 Baker Street, London W1U.
3BW.

Fujitsu (FTS) Limited, registered in England No 03808613, registered office 22 Baker Street, London W1U
3BW.

POL-0056287
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PFU Imaging Solutions Europe Limited, registered in England No 1578652, registered office Hayes Park
Central, Hayes End Road, Hayes, Middlesex, UB4 8FE.

Fujitsu Telecommunications Europe Limited, registered in England No 2548187, registered office Solihull
Parkway, Birmingham Business Park, Birmingham, B37 7YU.

Unless otherwise stated, this email has been sent from Fujitsu Services Limited, from Fujitsu (FTS) Limited, or
from Fujitsu Telecommunications Europe Limited, together "Fujitsu"

This email is only for the use of its intended recipient. Its contents are subject to a duty of confidence and may
be privileged. Fujitsu does not guarantee that this email has not been intercepted and amended or that it is virus-

free.

Fujitsu Services Limited, registered in England No 96056, registered office 22 Baker Street, London W1U
3BW.

Fujitsu (FTS) Limited, registered in England No 03808613, registered office 22 Baker Street, London W1U
3BW.

PFU Imaging Solutions Europe Limited, registered in England No 1578652, registered office Hayes Park
Central, Hayes End Road, Hayes, Middlesex, UB4 8FE.

Fujitsu Telecommunications Europe Limited, registered in England No 2548187, registered office Solihull
Parkway, Birmingham Business Park, Birmingham, B37 7YU.

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