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To: "jamail.a.singhf
cc: Keith H
Hl hadril
a “ “warwick' i GRO :
01/03/2010 09:32 Subject: RE: REGINA v SEEMA MISRA ‘GUILDFORD CROWN COUR
TRIAL - 15TH MARCH 2010
Dear Jarnail,
Further to previous correspondence, I now attach my skeleton argument in
relation to our application for count 1 to be stayed for abuse, together
with our expert's 4th and 5th interim reports. As a result of these reports
and your email of 24th February I also attach my 4th request for
disclosure.
Regards
Issy
Issy Hogg
Coomber Rich Solicitors
Yard House, Basingstoke, RG21 7NX
SRA 308901
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Sent: 24 February 2010 14
To: Issy Hogg
Subject: REGINA v SEEMA MISRA GUILDFORD CROWN COURT TRIAL - 15TH MARCH 2010
Dear Ms Hogg,
I have heard from Gareth Jenkins who informed me that he had a 90 minute
lengthy discussion with your Expert Charles McLachlan as long ago as Friday
12th February 2010.
In the meantime I now enclose the replies to the third disclosure request.
However if any of the items you have requested have not been dealt with if
you can give a reason wanting that item then of course the prosecution will
consider those. As always I am continuously and constantly keeping the
disclosure under review.
THIRD DISCLOSURE REQUEST
1 That was the contract in the form it was served.
2 We are well aware of our statutory duty of disclosure as you know the
prosecution have reviewed a large volume of material. The only material
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disclosable is Callender Place as we know Mr Jenkins is making full
investigations so the full position can be ascertained.
TRAINING
L The training material is at West Byfleet Post Office. Presumably you
want simply an opportunity to inspect or view it on site.
2 We do not understand the relevance to dates to which your Client
received the documents. The real issue is did she steal the money or make
mistakes. This is an issue for the experts when they look at the Horizon
data.
3 See above.
4 —
5 The prosecution is under no obligation to provide witness statements.
You have full details of the witness and can contact him if you wish.
6(a) This statement is in the most useful format. The purpose of this
statement was to provide material in digestive form. Logs are impossible
to follow unless undertaken by an expert. We do not see the relevant calls,
made prior to your Client's taking Office. We have provided the
information in the most useful form in the light of the data.
(b) The analysis data confirms that.
7(a) You have been provided with all available training material.
(b) What are the real issues in the case.
(c) Are we looking at the quality of the training but Mrs Misra made
mistakes which will be investigated by two experts. In fact the real issue
in this case, did she steal the money or deliberately attribute it to
mistakes by her and the training background is information only.
8 We believe we have complied with our disclosure obligation. Whether
any mistakes were made. Experts can examine them themselves.
9 We stand by our position. Our response is that there has been a
misunderstanding, there is no reason to put this in a statement form. If
it carries to trial it carries with it a risk that your expert and your
Miss Hogg will become witnesses in the case which is highly undesirable.
We suggest you re-consider.
10 We have already answered this request. There are no back up teams no
more than the Police Force investigating crime. Investigators consider all
reasonable explanations. Your Client did not give an explanation other than
other people were responsible. If your Client had made mistakes that will
be ascertained by two experts in their enquiries.
11 Costs is a consequence of Royal Mail contractual relationship with
Fujitsu. Our duty of disclosure is whether material which undermines the
prosecution case and supports your Client's defence. We hope if the
experts look at a short span of information ie the period where your Client
falsified her records as set out in our previous letter. We hope it will
not be necessary to examine records for 5 years. Your Client was inflating
figures over a long period. If this were as a result of mistakes over an
extended period we think analysis over shorter period of falsifying
accounting offences by your Client did not appear to remedy large loss.
There appears to be a long standing pattern of discrepancies which would
appear in a short period as it would be on the long extended period. If
mistakes are found in a short span of data the Crown will obviously review
its position as to acceptability of your Client's plea.
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(b) Our disclosure obligation do not require us to justify why data for a
5 year period is so expensive.
12 We anticipate the areas are for the experts to discuss.
13 ‘The audit was not completed.
14, 15 We have disclosed all information in our possession. We are
not required to serve witness statements. It is clear that Steamline has
no relevance.
16 I We are not prepared to make any promise in relation to criminal or
civil action. The issue is whether problems referred to was happening at
Byfleet is something for the experts to examine.
17 ‘The equipment is being updated. The original equipment is preserved
after updating has occurred.
1s Prosecution Counsel has reviewed the case of Hosi. There is no
material that requires disclosure.
19 Please refer to our answer to paragraph 8. Prosecution Counsel has
reviewed all material. We are still investigating Callender Place. we
recognise our duty of disclosure is a continuing one.
20 We repeat our answer in respect of Callender Place.
Yours sincerely,
Jarnail A Singh
Senior Lawyer
Criminal Law Team
Tel.No:
Fax.No:{
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4th interim technical expert's report to the Court 2010-02-12 v0 1.doc
5th interim technical expert's report to the Court 2010-02-25 v0.1 (2).doc Skeleton argument (ICH version).dec