POL00169005 - Letter from Simon Clarke (Cartwright King Solicitors) to Broadbents Solicitors re Robert John Boyle - Post-prosecution disclosure of Second Sight Report and Helen Rose Report

Evidence on official site

Private and Confidential

Broadbents Solicitors

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Majority House
51 Lodge Lane
Derby

DE1 3HB

DX 700895 Derby 4

Opas House

DX 24814 Sutton-in-Ashfield

Secure Email

Date: 30 August 2013
Our Ref: — MS2/24676/LP1

Dear Sirs
Re: Robert John Boyle

Nottingham/Derby Crown Court - 6 January 2012 (sentence) 11 June 2012
(Mention to Amend Confiscation Order)

We write to your firm as being the solicitors on the file representing this defendant in the
proceedings which resulted in him receiving a term of 12 months imprisonment for an
offence of theft of of £11,790.54 and a Confiscation Order in the sum of £269.20 (benefit
figure of £12,208.25.

On the 8 July 2013 a report into the operations of the Horizon system was published by
an independent organisation which had been commissioned by our clients, Post Office
Ltd. The report is known as the Second Sight Interim report. We have also received and
considered a second report, concerning an investigation into an incident at another post
office, the Helen Rose Report.

We have thorougly reviewed both the prosecution case and that of your client and in
particular his Defence Statement, in the light of material contained within the Second Sight
Interim report and the Helen Rose report. We have also reconsidered our disclosure duties
under the CPIA 1996 and the Code of Practice enacted thereunder, and the A-G’s
Guidelines on Disclosure.

We have formed the firm view that, had the prosecution been possessed of the material
contained within the two reports during the currency of the prosecution of your client, we

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should and would have disclosed that material to you in compliance with our disclosure
duties.

Accordingly we now disclose those reports to you so that you are able to consider whether
your client may have grounds for an appeal against his conviction.

We would also remind you of your duty not to disclose this material to any third party
other than your client; in particular the Helen Rose report is not in the public domain.

Yours sincerely

Simon Clarke
Barrister
Direct Dial.

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