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POL00123147
From: Jarnail Singh;
Sent: Mon 27/01/2014 4:55:15 PM (UTC)
To: David Olivertycrernacony Re
Ce: Rodric Williams{-
Subject: RE: briefing on Cartwright King review work
David
More detail as follows ;
1. CK Review
a. Purpose
The purpose of the Review process was defined as being to identify those cases where, had CK been possessed of
the Second Sight and Helen Rose reports during the currency of the prosecution, would CK have then been required
to disclose some or all of that material to the defence. CK deliberately set a very low threshold for applying this test:
if the material MIGHT have been disclosable then CK would provide the Reports to the defendant so that he could
consider whether or not to appeal against his conviction. This test, and indeed the entire process, was directed
towards the duty of any prosecutor to provide to a defendant any disclosable material.
b. Process
All of the cases were subjected to a ,,sift review in which those identified as being ,,risk“ cases were separated out
and subjected to a ,,Full Review@ The sift review consisted of a qualified criminal solicitor reading the case papers,
identifying the issues and considering whether or not HOL was an issue. Full Reviews were (and are) conducted by
senior counsel experienced in prosecuting and defending criminal cases and disclosure issues.
In each ,,Full Review“ case a full and detailed report was undertaken, considering every aspect of the case and
reaching conclusions about POL"s exposure. Where it was determined, again by a very low threshold test, that
disclosure ought now to be made, the reports were disclosed to the defendant's representatives.
c. Numbers 325
d. Outcomes
Thus far no convicted defendant has sought the leave of the Court of Appeal to challenge his conviction; this may
change.
Systems are now either in place or being put into place so as to ensure that POL"s duties as a prosecutor are fully
complied with in all respects.
e. Scotland
At the beginning of September, POL was informed that the Procurator Fiscal for Scotland (PF) had determined all
POL prosecutions in Scotland should be terminated. He had arrive at this decision on the basis that as POL were
then unable to prove that HOL was wholly reliable, he was not in a position to seek the conviction of any defendant
on potentially unreliable evidence. POLs main concern here was that of the intention to stop ALL cases and not just
those which relied upon HOL-based evidence. Such a step would have raised a considerable public relations storm
for POL.
CK senior counsel Simon Clarke and senior Solicitor Martin Smith were asked by POL to attend upon the PF and
to see if anything could be done to dissuade him from his stated course. Jarnail Singh attended for POL. Having
heard from CK and JS, the PF agreed that, rather than discontinue every case, he would now review each case
separately and a decision taken on the facts of individual cases. This amounted to a departure from his starting point
that all POL prosecutions were to be terminated. In addition the PF agreed to adjourn every case for 6-months to
allow POL to instruct a new, independent expert.
2. Discontinued Cases
Following review, a number of HOL-reliant cases were discontinued, not least because sought to limit POL“s
exposure.
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3. Present state of affairs
CK have completed the Review process, certainly in relation to HOL cases going back to January 2010. CK are
certainly more confident now that the number of potential wrongful convictions is in single figures and that the Court
of Appeal is likely to overturn only one or two of those convictions, if any.
A new Prosecution Policy is almost ready to be put in place: this document, like all such documents, will be
published so that all may see what they can expect from POL in the future.
New Identification, Recording and Retention protocols are in place so as to ensure that a similar crisis does not arise
in the future.
The benefits of these new systems include the demonstrable auditability and transparency of POL"s new criminal
litigation function.
4. Current & on-going prosecutions
Prosecutions are now re-commencing, although we await the instruction of a new HOL computer expert.
Jarnail Singh I Criminal Lawyer
@) 148 Old Street, LONDON, EC1V 9HQ
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(6) Jarnail.a.singhf
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From: Jarnail Singh
Sent: 27 January 2014 16:37
To: David Oliver1
Cc: Rodric Williams
Subject: RE: briefing on Cartwright King review work
David
How this for start
1.Cartwright King Reviewed cases going back to 1 January 2010.
2. 325 individual’s whose cases were reviewed in England and Wales
3.Further disclosure was made to 21 individual’s legal representatives.
Jarnail Singh I Criminal Lawyer
® 148 Old Street, LONDON, EC1V 9HQ
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© darnail.a.singh¢
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From: David Oliveri
Sent: 27 January 2014 16:17
To: Rodric Williams; Jarnail Singh
Subject: briefing on Cartwright King review work
Both,
Grateful for an urgent word about the Cartwright king review work as I need a short note to brief Alice and Paula
ahead of their bilateral with James Arbuthnot tomorrow morning.
Thanks
David
David Oliver
Programme Manager
Initial Complaint and Me:
David.oliver1i..
Mobil