FUJ00152928 - Crim Case Study of Seema Misra: Email chain from Penny Thomas to David Jones, CC Tom Lillywhite and David Keeling Re: West Byfleet Issues

Evidence on official site

FUJ00152928
FUJ00152928

From: Thomas Penny[/O=EXCHANGE/OU=ADMINGROUP1/CN=RECIPIENTS/CN=THOMASP]
Sent: Thur 04/02/2010 00 PM (UTC)
To: Jones David M: “GRO

Ce: Lillywhite Ton Keeling David:
Subject: FW: FW: WEST BYFLEET ISSUES Fe
David

Jarnail Singh has just called me to talk about the submissions from our expert witness.

I told him that we could not provide the requested information in the required timeframe as our!

I explained that I had sent a note to you and that it was my understanding that you would be touch with POL legal. He
had tried to contact you today; I explained that you were in court.

Kind regards
Penny

Penny Thomas,

Security Analyst, Customer Services

Fujitsu Services Retail & Royal Mail Group Account
Lovelace Road, Bracknell, Berks RG12 8SN

Tel:
Mob:
Fax:
E-Mai
Web:

Fujitsu Services Limited, Registered in England no 96056, Registered Office 22, Baker Street, London W1U 3BW

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

From: Thomas Penny

Sent: 04 February 2010 15:02

To: Jones David M

Cc: Keeling David; Lillywhite Tom; Wilkerson Guy
Subject: RE: FW: WEST BYFLEET ISSUES

David

I am writing to advise that we will not be in a position to provide the responses requested by defence and ordered by the
judge by 4pm Monday, 8 February.

Our expert. Gareth Jenkins, is currently’
_.} Should he return to work tomorrow we would not be able to respond by the deadline.

Furthermore, we need his input to provide an estimated timeframe for completion; hence we are also unable to advise
when these responses will be returned.

We are currently trying to identify a replacement for Gareth should his absence be protracted.
I will keep you updated.

Kind regards
FUJ00152928
FUJ00152928

Penny

Penny Thomas

Security Analyst, Customer Services

Fujitsu Services Retail & Royal Mail Group Account
Lovelace Road, Bracknell, Berks RG12 8SN

Fujitsu Services Limited, Registered in England no 96056, Registered Office 22, Baker Street, London W1U 3BW

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

From: Jones David M

Sent: 03 February 2010 18:41
To: Thomas Penny; 'hugh.flemingtoni_,....GF
Subject: RE: FW: WEST BYFLEET ISSUES

} Wilkerson Guy

I am in Court tomorrow but will be available at breaks etc.
If you need me please call my mobile or send me a text
David

David M Jones, Head of Legal
UK Private Sector Division

From: Thomas Penny
Sent: 03 February 2010.45.

To: hugh. flemington¢
Cc: Wilkerson Guy
Subject: RE: FW: WEST BYFLEET ISSUES

Hugh
Mark Dinsdale is the Security Team Manager in Salford.

Kind regards
Penny

Penny Thomas

Security Analyst, Customer Services
Fujitsu Services Retail & Royal Mail Group Account
Lovelace Road, Bracknell, Berks RG12 8SN

Tel:

FUJ00152928
FUJ00152928

E-Mail: penny.thomas{ GR

Web: _hittp://uk.fujitsu:com

Fujitsu Services Limited, Registered in England no 96056, Registered Office 22, Baker Street, London W1U 3BW

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

== Original Message-.
From: hugh.flemington:
Sent: 03 February 2010 15:06
To: Jones David M

Cc: Wilkerson Guy; Thomas Penny

Subject: Re: FW: WEST BYFLEET ISSUES

Thank you
Stupid question - who at Pol is the contact on this plse?

I
I To: — <Hugh.flemington@,
I ce: "Wilkerson Gu

“p, "Thomas Penny’

I Subject: FW: WEST BYFLEET ISSUES I

Hugh

Please see attached FYI.

Fujitsu is very keen to try and help POL with this matter and provide
information to respond to the Defence request. Please let me know if I can
help in any way.

Guy is the Commercial person responsible for the contractual aspects of
providing this work to POL under our contract and Penny is pulling together
the inputs on our service and the applications.

Please do not hesitate to contact me if I can assist in any way.

Best wishes

David
David M Jones, Head of Legal
UK Private Sector Division

From: Jones David M

Sent: 03 February 2010 11:42

To: Thomas Penny; Wilkerson Guy

Cc: Keeling David; Lillywhite Tom; Williams Roger; Roberts David (LON22)
Subject: RE: WEST BYFLEET ISSUES

Importance: High

Penny / Guy

I have now looked at this — both at the background and the specific
information requested by the Defence Expert.

It is for POL to decide what they want us to do to support the prosecution

as although there is no “property” in a witness we are engaged to support
POL contractually and will need them to cover the work involved. We should
ask POL (and via them their counsel) to confirm that they want us to do the
work requested and whether they want us to provide —

1. Access to the appropriate person with whom I can discuss how to
access an unencrypted version of the transaction files held on the
sub-post office terminals related to the Hosi case.

2. Access to the appropriate person with whom I can discuss the
structure of the transaction files, the mechanisms by which they are
synchronized with the central system and the records held centrally.

3. An unencrypted copy of full transaction log of the sub-post office
terminals related to the Hosi case.

4. An unencrypted copy of the corresponding records held by the central
system

We need to explain what can be done and the time scales and costs involved
and then Guy can put in place an ATP to cover the work involved. If this
work cannot be done in the timescales ordered by the court then we need to
tell POL and its counsel so that they can apply to court for more time. We
need an ATP and or specific authority not just to cover our costs involved

but to ensure that any disclosure and work have POL’s approval.

POL and its counsel must also agree how we provide any access to our people
for the Defence expert and who is also present and how the exchanges are
recorded and minuted.

Any access must be subject to confidentiality agreement or a release from
POL - our standard NDA will need amending if we are going down this route.
All access should be joint with a suitable POL person in attendance so that
issues that arise from their requirements can be dealt with by POL and not
us.

If necessary please feel free to forward this note to POL.

Best wishes

David

FUJ00152928
FUJ00152928
David M Jones, Head of Legal
UK Private Sector Division

From: Thomas Penny
Sent: 03 February 2010 10:40
To: Jones David M

Cc: Keeling David; Lillywhite Tom
Subject: FW: WEST BYFLEET ISSUES
Importance: High

David

Please find below the list of questions asked of our expert witness.
Attachments are:-

9c15.misra — 2nd interim technical expert’s report 19.11.09 - defence’s
expert accountant's report - comments requested

0202.Gareth —- West Byfleet Final - Gareth’s (Fujitsu expert)
responses to the defence’s expert accountant’s report

143.rtf - Eleanor Nixon’s statement — comments requested

In addition, and to present the whole picture for West Byfleet, a witness
statement prepared by Andy Dunks covering helpdesk calls for the outlet
during the period 30 June 2005 to 31 December 2009 has already been
returned to Post Office Ltd - WS West Byfleet 126023

Also looming is the Post Office Ltd prosecution relating to the outlet
Porters Avenue. The attached collection of notes — Porters Avenue Issues —
are also relevant.

As explained in my previous note the urgency here is that during the
pre-court hearing for West Byfleet on Monday 1 February the judge ordered
that all the defence requests for further information be answered by 4pm on
Monday 8 February.

Kind regards
Penny

Penny

I have just spoken to the solicitor dealing with this case. The question
raised by our barrister in his advice states with regards the Eleanor Nixon
statement is as follows,

" The witness statement does not reveal a problem with Horizon's

reliability but rather a mistake that can easily be made with the layout of

the screen. It may be that the alleged layout problem is something which
Fujitsu are aware of and has been rectified. A copy of Mrs Nixon's
statement should be forwarded to Fujitsu for their comments. It should

also be straightforward to ascertain whether or not Mrs Misra was falling

into the trap identified by Mrs Nixon. . The error described would
presumably create a cash shortage matched by an equal surplus elsewhere".

FUJ00152928
FUJ00152928
A response to this question by Fujitsu would be appreciated, however
brief.

JI IRI AISI RII III III IIIT I ISI ASIII DSI ASI SOI SSSI SOS I ISCO ISOS IO

Royal Mail Group Limited registered in England and Wales registered number
4138203 registered office 3rd Floor, 100 Victoria Embankment, London, EC4Y
OHQ

This email and any attachments are confidential and intended for the
addressee only. If you are not the named recipient, you must not use,
disclose, reproduce, copy or distribute the contents of this communication.
If you have received this in error, please contact the sender and then
delete this email from your system.

FUJ00152928
FUJ00152928