POL00180855
POL00180855
From: Hugh Flemington[/O=MMS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=HUGH. FLEMINGTON14106A9A-9886-403D-
BF5B-E08821F432B3]
Sent: Tue 10/07/2012 5:26:22 PM (UTC)
To: Susan Crichton:
Subject: Fw: Wylie - Def sols raising Horizon investigation
He doesn't seem to be able to do recommendations does he...
From: Jarnail A Singh
Sent: Tuesday, July 10, 2012 05:02 PM
To: Hugh Flemington
Subject: RE: Wylie - Def sols raising Horizon investigation
Hugh—if I can have some answers steer and stance, I can then advice cartwright king and have input from them.
I would still need further information to go to counsel. Thanks jarnail
From: Hugh Flemington
Sent: 10 July 2012 15:49
To: Jarnail A Singh
Subject: RE: Wylie - Def sols raising Horizon investigation
Ok and are you able to advise Susan and I on this or do you want to go to Counsel?
From: Jarnail A Singh
Sent: 10 July 2012 15:48
To: Hugh Flemington
Subject: RE: Wylie - Def sols raising Horizon investigation
Hugh
What we say to;
-.1. To simply respond by saying Horizon is robust will be met with, "If so why the audit .
2.If Defendant says he did not stole any money and blames the Horizon .Defence solicitors
Will argue, this is down to errors in the system case should be stayed or adjourned until such
time reports
Finding are published.
3.Do we agree to defendants request for stay or adjournment pending completion of the audit
report
Or let the court decide.
4.What are we going to do with existing ,pending and future investigations and losses.etc
Regards.
jarnail
Sent: 10 July 2012 13:34
To: Jarnail A Singh
Cc: Susan Crichton
Subject: Re: Wylie - Def sols raising Horizon investigation
What more info etc do you need plse?
From: Jarnail A Singh
Sent: Tuesday, July 10, 2012 01:43 PM
POL00180855
POL00180855
To: Hugh Flemington; Susan Crichton
Subject: RE: Wylie - Def sols raising Horizon investigation
Hugh/Susan --
The Law on application to stay a case until or unless the auditors has reported will be based on abuse of process
argument. The issue for the abuse hearing is whether the defence can show that the Defendant
Will not receive a fair trial. This case of Wylie is not a case where post office limited is guilty of any fault let alone of
serious fault to the extent that the case should be stay, irrespective of whether a fair trial is possible.
In this case there has been no misuse or manipulation of the courts process. The post office has acted properly
throughout. The law is a stay is an exceptional remedy of last resort.
Post office position would be, system is working properly and used up and down the country and, there is no forensic
or legal grounds for stay.
However we are where we are ,with the forensic auditors to examine the Horizon in public domain we have to
formally address the issues raised by defence solicitors and if the defence summit to the judge
“Post office say Horizon is robust” but have appointed forensic auditor to examine the system? ,in the circumstances
pending the outcome of the audit judge may take the view it is right that there should be a thorough examination of
the defendants concerns about the Horizon. ,if an adjournment/stay would allow the defendant to have a fair trial
then that would be an appropriate remedy.
I need more information and advice to address these concerns.
Jarnail.
From: Jarnail A Singh
Sent: 09 July 2012 14:24
To: Hugh Flemington; Susan Crichton
Subject: FW: Wylie - Def sols raising Horizon investigation
Hugh/Susan— please see cartwright kings email. I raised this with you and briefly discussed this with Hugh last week
with our possible approach or view. No doubt it will be tested in the courts or until or unless
Second sight has reported. jarnail
From: Andy Cash
Sent: 09 July 201.
To: Jarnail A Singh
Subject: FW: Wylie - Def sols raising Horizon investigation
Dear Jarnail,
I will forward original advice, but this woman was always going to challenge Horizon. I take the
view that we now need a clear steer from the centre. Defence are likely to seek a stay. To simply
respond by saying Horizon is robust will be met with, "If so why the audit ?". At present we do not
have information to meet this sort of challenge. Please advise.
Andy
From: Rachael Panter
Sent: 09 July 2012 11:19
To: Andy Cash
Subject: Wylie - Def sols raising Horizon investigation
Morning Andy
As anticipated, please see attached letter from defence solicitors in Wylie asking for our position
on the ongoing Horizon investigation.
POL00180855
POL00180855
Steve Bradshaw is the investigator in this case. I have given Steve our copy of the Fujitsu report
which deals with the old Horizon system - (the old system being relevant in this case due to the
period of wrongdoing). Steve is in the process of getting the committal papers together before the
committal hearing which is listed for the 7th August at Newcastle Mags.
Let me know how you would like me to respond,
regards
Rachael
i GRO j
CartwrightKing
um SOL CTT OR S
Nottingham I Birmingham I Derby I Leicester I Sheffield I Newcastle Gateshead
Norwich Union House, South Parade, Old Market Square, Nottingham, NGI 2LH
www.cartwrightking.co.uk
This message is confidential and may contain legally privileged information. If you have received this in error please delete
this message and let us know by email or telephone. A list of directors is available at each office. Authorised and regulated by
the Solicitors Regulation Authority No: 312459. VAT Registration No: 737837295.