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From: watt, Geri
: 20 August 2013 11:23
Dow, Gary
Subject: Fw: Post office Fraud
Attachments: file note re GG13010308.pdf
Gary
Can you note the position re HM13003852
Geri
From: Heron, Lorna
Sent: 20 August 2013 10:35
To: Watt, Geri
Subject: RE: Post Office Fraud
Hi Geri
sorry for the delay in this...
attached is a file note from Andy re case GG13010308 is currently in Gary Dow's
tray awaiting marking.
Thanks
Lorna
From: watt, Geri
Sent: 09 August 2013 15:03
To: Stewart, Katie (Procurator Fiscal, Initial Case Processing, west of
Scotland); Heron, Lorna; Beaton, Paul
Subject: Fw: Post Office Fraud
Paul - thanks for this. Can you advise of the mechanism for getting the
additional statements? Are they to be provided automatically and if so will that
be through you?
Thanks
Geri
Katie - for_ info.
Lorna - would you check the position re the 2 west cases - GG13010308 and
HM13003852.
From: Beaton, Paul
sent: 09 August 2013 14:34
To: McGowan, Stephen (Deputy Director of Serious Casework); Laing, Andrew
(PF Summary - North); watt, Geri; Richardson, Andrew (PF Summary for East of
Scotland); Bryden, Catriona
Cc: Wallace, Gertie; Miele, Paul
Subject: Post Office Fraud
Good afternoon,
I have been contacted by BTO Solicitors who are acting on behalf of the Post
office and assisting them with submitting cases to COPFS. The Post Office also
instruct solicitors down south (Cartwright King) who assist in the preparation
of their cases, and who also prosecute the cases. They are currently conducting
a_review into cases submitted for potential prosecution across the UK for
alleged frauds committed by Post Masters. I write to make you aware that there
may be questions as to the accuracy of data held by the Post Office computer
system- Horizon- which may affect the strength of cases submitted to us.
There appears to have been some concern in the media expressed about the Horizon
computer system which is used to keep the financial records of the Post Office
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and that therefore it is possible that post masters are being prosecuted due to
inaccurate data on that system which wrongly records shortfalls of cash. As a
result of this information Cartwright King are reviewing all of the Post Office
prosecutions, including those where there has been a conviction, to establish
whether the Post Office should be disclosing this information to accused or
convicted persons.
In the normal course such cases these are investigated and reported by the Post
office Investigator, I understand that there is only one in Scotland- Robert
Daily. He is based in Glasgow and prepares cases for suspected offences on
behalf of Post Office Ltd —- he also liaises with Police Scotland in cases where
they have taken the investigative lead. He interviews potential accused persons
under caution, takes statements from witnesses and collates productions for
submission to the Crown.
As a result of the review, BTO have provided the following brief spreadsheet on
cases submitted to us for the last three years, fortunately there are not many.
It appears that there are four live cases nationwide- Kirkwall, Kirkcaldy and
Glasgow. Previous cases have been from across the country and are listed on the
spreadsheet.
<< File: Scottish_Cases.x1sx >>
I requested further information on the live cases, particularly as to whether it
could be said that the known computer issues play any part in the available
evidence. So far- I have been provided the following:
Cases currently on summary complaint:
Kinghorn Post Office (KC13003720) - admissions at audit - accused had loaned the
missing money to her brother to pay for a car. Has PNG - trial diet in October -
represented by Amer Anwar. Statements/productions have not yet been requested by
the Crown.
Evie Post Office (kw13000211) - admissions at audit and interview - accused used
money to pay off an overdraft. Pleading Diet on 14 August 2013.
there is one case which has yet to be marked:
Gorbals Post Office (GG13010308) - the first accused denies all_knowledge of the
shortfall (£1 Kasaby). The second (Stewart) admits that she inflated scratch
cards and cash to balance her books due to shortfalls showing on the system but
denies taking money out of the branch. It could be suggested that the false
accounting was carried out by accused Stewart to cover up loss caused by
Horizon. It should be noted that where money is missing on the system and a
sub-post master does not have the funds to pay it back, the shortfall can be
‘accepted centrally’, where the team at Chesterfield will arrange a re-payment
plan - sub-post masters should not falsify their accounts under any
circumstances.
They have submitted information for the last three years as it appears that is_
the time period during which there may have been computer errors affecting their
system.
I am aware of two reports which have been prepared in England in connection with
this issue. One of those, known as the Second Sight report is attached here:
<< File: Second_Sight_POL_Interim_Report.pdf >>
This document is freely available online at
http: //www.nfsp.org.uk/uploads/pdfs/Horizon_Interim_Report_July2013.pdf. and is
being disclosed by the solicitors in England to the defence in the cases.
According to BTO it could be argued that the Second Sight report undermines the
Crown case in any of the Post Office prosecutions as it questions the integrity
of the system calculating the shortfall, albeit to a fairly limited extent. I
have made it clear to BTO that we need to be informed whether the issues
associated with the system have in fact played any role in the investigation of
the cases.
The second report, known as the Helen Rose report, is not available to the
public. BTO state that as far as they are aware none of the pending or past
cases involved witness evidence from the expert named in that report. I would
doubt the evidential value of this document given what I consider an extreme
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difficulty in translating it into non-technical language, but they have
recommended that it is considered by us.
<< File: HELEN_ROSE_REDACTED_REPORT_FOR_DISCLOSURE.pdf >>
I have clarified with BTO that we need to be provided with an additional
statement in relation to each of the cases to deal with whether the issues
identified in their computer systems affect the available evidence. I have been
told that it may be that the investigator himself is unable to say whether there
has been any such effect and have asked BTO to provide a statement from someone
who can speak to the accuracy or otherwise of the system in relation to each of
these cases. It would appear that at the moment, neither the solicitors in
England, nor BTO, nor the investigator himself may be able to say whether the
system faults played a specific role in a specific case. The approach in England
appears to be to disclose the Second Sight report and see what the defence want
to make of it. My position at the moment is that we should receive specific
information on each case before deciding whether there is any impact. As some of
the cases are ongoing, I wanted to make sure you were aware of the issue at this
stage.
I will let you know as soon as I receive anything, in the meantime, I would be
grateful if you could pass this to those involved in the preparation of any such
cases and include the information, such as it is, in the consideration of how to
procee
thanks, and have a good weekend,
Paul
Paul E Beaton
Policy Division
Crown Office
25 Chambers ,Street._dinhurgh EH1 1LA
Direct Dial} GRO
Email
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