ATTENDANCE NOTE
CASE NAME: SEEMA MISRA
CASE NO: CRM/258932/JSX
DATE: 3" June 2009
Attended Guildford Crown Court in the Trial of Seema Misra on the 2” June 2009.
The case was heard by His Honour Recorder Bailey. The prosecution was
conduced by Counsel Mr Warwick Tatford and the Defence Counsel was
Mr Cousins.
The Defence initially made an application to the Judge to consider the Internet
Horizon material consisting of 12 pages which has history of the Post Office cases
which has resulted in criminal prosecution where there has been doubts about the
Horizon system. The case was then put back for an hour for the Defence to
consider this. When the case came back to Court before Recorder Bailey when the
Defence made an application for further time to examine the aspect of the faults of
the Horizon. The Defence were criticised for bringing the matter to light at the Trial
of the case and had not submitted anything to the prosecution for time to
investigate it and why the Defence have not identified this earlier in the last
18 months or on the 23” March 2009 at the Plea and Case Management Hearing
and also not mentioned anything in their Defence Statement served on the 19”
March 2009 and also why the Defence Solicitors had not had this matter listed. Also
the Recorder criticised the Defendant why these serious errors were not mentioned
when she was interviewed.
Prosecution Counsel Warwick Tatford is also conscious that if this is mentioned by
the Defendant in the witness box there is a danger of not having a fair Trial and the
Jury will have no evidence to judge her assertion on.
The case was further put back until 12.30pm for Defence Counsel to take further
instructions from his Client. When the case came back Defence Counsel made an
application and raised the integrity of the Horizon system. The case was adjourned
for the Defence to set out clearly what they are suggesting against the Horizon for
these to be identified by the Defence and for them to instruct an expert. The case
was set for Mention on the 14" July 2009 where the Court will give further directions.
The Recorder also directed for the Trial Judge to consider the question of today’s
costs being wasted to be paid by the Defendant and also as to why the Defendant
should and could have raised these matters earlier without wasting costs and
resolved in order to avoid an adjournment.
JARNAIL SINGH
Senior Lawyer
mAcriminal work folders\singh jarnail - crm\258932 - misra\258932 n2.doc
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