POL00059861 - Comments on R v Khayyam Ishaq DCS Addendum by Gareth Jenkins

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Comments on Ishaq DCS Addendum

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Author: Gareth I Jenkins:

Date:

1.

22/02/2013 13:01:00

Introduction

I have been asked comment on the Addendum Defence Case Statement in the case of
Regina v Khayyam Ishaq.

In order to do that I have copied in the DCS below in blue font and added in my
comments in black font.

It is good that they are now being more specific. However I don’t have anything to
examine that enables me to comment on detail on any of these more specific points.

It may be that some has already been provided as evidence (I’m currently checking
that out), but most of the dates quoted are outside the dates relevant to the
transactional evidence produced so I think it is unlikely to have already been
produced.

It will take a few days to retrieve the relevant information and a longer period to
analyse it. This certainly can’t be done between now and Monday.

Defence Case Statement

1. This Addendum Defence Case Statement is served in addition to the original
Defence Case Statement dated 29th August 2012.

The Horizon Online system.

2. The malfunctions to the Horizon Online System and the defendant's actions in
response included the following:

i. The Horizon Online system would often crash and freeze and would
give inaccurate total figures at the end of trading and/or balance
periods

T am aware that there were some issues in the early days of Horizon Online. However
I don’t believe that these impacted the overall accounting at the end of the periods
provided Recovery was carried out correctly. ‘The migration date (10 July 2010) for
the Birkenshaw Branch was well into the full rollout and the Branch was not
operating Horizon Online during the pilot between January and June.

ii, As a result of these problems the defendant called the Horizon Help
Desk in the region of 8-10 times a month on the telephone number
These calls were made over a period of about 12

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iii. The following are some of the reports (date of report and
corresponding allocated reference number) made_by.the defendant to
the Horizon Help Desk on telephone number}, i
automated switchboard when he selected the option whicl
technical problems with the Horizon system.

a. 19/04/2010: Report H-22766041
b. 11/05/2010, Report had no Reference Number
c. 24/06/2010, Report H-22792410

My records show that the Branch Migrated to Horizon Online on 10" July so the
reports above relate to Horizon rather than Horizon Online.

d. 10/07/2010, Report H- 22792410 & Report 2572046
e. 12/7/2010, Report H-022792410

f. 13/07/2010, Report H-22792410

g. 21/07/2010, Report H-2572046

h. 9/08/2010 Report H-2572046

i, 10/08/2010 same reference number as above regarding same
problem Report H-2572046

j. 11/08/2010 same reference number as above regarding same
problem Report H-2572046

k. 12/08/2010 same reference number as above regarding same
problem Report H-2572046

1. 16/08/2010 Report H — 16795487
m. 1/08/2010 Report T1687336

n. 16/09/2010 No reference number
0. 6/10/2010 Report H-16923076

p. 27/10/2010 Report H-16951682

I have no easy visibility of these reports. It is possible to retrieve them from the
system and examine them, but I am not aware of them having been provided in
evidence. [ have certainly not been asked to examine them but am happy to do so.

If the details of the reports have not yet been provided then there is a process to ask
for them to be provided by Fujitsu.

I am checking to see if these reports have been retrieved and submitted as evidence.
If so I'll try and get hold of them. However as the period of the calls outlined above
has little overlap with the period for which detailed transaction logs have been
obtained, it is likely that there is not much that can be done to tie them together
without getting more information.

iv. It is noted that the telephone call logs recently served by the
prosecution deal only with specific identifiable transaction problems
(for example a DVLA tax disc issued incorrectly) and not with

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problems experienced with the Horizon Online system generally
whereby erroneous and/or inexplicable results appeared to be produced
by the system

I know nothing about these.

yv. When a balance and/or trading report produced by the system showed
there was a shortage of cash the system would give the defendant an
option to "make good the discrepancies" ;

I agree that is the system behaviour

vi. On occasions the defendant did not accept that he had made an error
and requested that the issue be dealt with centrally by the Post Office.
On such occasions he received a letter from Chesterfield ("Central")

Again that is normal.

vii. I Approximately twice the defendant called Chesterfield ("Central") on
the telephone number {~ ito discuss the
discrepancies and shorifal he problems he
was encountering with the system. No reference numbers were
provided by the Chesterfield staff to the defendant but he was assured
the matter would be investigated ;

Post Office would need to respond to this.

viii. Specifically in relation to the indictment period the defendant estimates
the dates to be Mid September 2010 and Mid December 2010 when
such calls were made.

Again have call logs been requested? Were such calls made to HSD or NBSC? If the
latter, then addressing this would be Post Office Ltd’s responsibility. Note also
problem with balancing are normally handled by NBSC and not HSD.

ix. Prior to the indictment period, the problems and issues were discussed
by the defendant with Post Office staff in Chesterfield during the
middle of each calendar month from about November 2009 to August
2010.

My records show we only retrieved evidence from 1/11/10 to 31/1/11 and then from
9/9/10 to 9/2/11 (which is actually a wider period). Branch Migrated from Horizon to
Horizon Online on 10/7/10.

This addendum defence statement has been read and approved by me.

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