POL00040061
POL00040061
Confidential and legally privileged advice
Crnd Dideingow
Post Office — Initial Complaint Review and Mediation Scheme
Criminal risk management
Second Sight's report
Second Sight's ("SS") Interim Report has been reviewed by Cartwright King ("CK"). They identified a risk
that information highlighted in the Interim Report may not have been disclosed in historic criminal
prosecutions (ie. the Gareth Jenkins / Helen Rose issue).
Consequently, CK reviewed all prosecution cases since 1 Jan 2010 (when Horizon Online was
implemented) to determine whether further disclosures were required. This review resulted in a number
of additional disclosures to defendants.
Cases reviewed CK TO COMPLETE
Number of additional disclosures CK TO COMPLETE
This review process has been audited by Brian Altman QC and confirmed as being “fundamentally
sound".
Monitoring the Scheme
Disclosure duty compliance
. Every Application Form, Case Questionnaire Response, Post Office's investigation report and
SS' investigation report (the "Core Documents") and any other major document related to the
Scheme (such as any further reports that may be produced by SS) shall be reviewed by CK to
determine whether any information in those documents needs to be disclosed in accordance with
prosecution disclosure duties.
. If CK identifies. the potential need for disclosure, it may as appropriate also review any related
documents (eg. the underlying evidence that has been considered by POL or SS).
. Post Office could review all related documents in all cases, however Brian Altman QC has
advised that this is unnecessary in order to comply with Post Office's duties.
. As necessary, CK will advise POL on and assist POL in making further disclosures to
Defendants.
Criminal cases
. 62 of the 147 Applications to the Scheme involve an Applicant (or a person connected to an
Applicant) who has been convicted (the "Criminal Cases"). In the Criminal Cases, CK shall :
o Review Post Office's draft investigation and SS' investigation report in order to advise on
whether either report raises any criminal law risk (eg. safety of conviction; further
disclosure; etc.).
o Review any proposed settlement in a Criminal case in order to advise on whether either
report raises any criminal law risk.
. As required, any other issue that potentially indicates a criminal risk will be escalated by POL to
CK for review and advice.
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