POL00124103
POL00124103
From:
Sent:
To:
Matt Mowbray. ”
Simon I Hutchinsonf
Christopher G
Wayne Z
Subject: Prosecution meeting outcome
Hi All,
I just wanted to give you a quick update from the prosecution’s meeting with Jane and Mark yesterday.
A report has been produced externally examining the issues with regards to the Group Action litigation, that is due to
commence hearings in November 2018. The primary function of the report is to support the POL case in the civil
arena; however moving forward the findings will be equally applicable to criminal trials. The report has been
considered by a specialist external lawyer. Certain findings have been referred back for clarity but overall there
appear to be no major flaws.
When the report is fully complete the QC will provide his opinion and recommendations. The next stage will be to
identify a subject matter expert who will act for POL in all future hearings, be it Group Action, CCRC or criminal
prosecutions.
What has been highlighted is the risk of testing a case in the criminal court prior to the civil hearing, where the burden
of proof has to be beyond all reasonable doubt, as opposed to the balance of probability in civil cases. The risk is that
should a trial collapse, or a not guilty verdict be reached, this could have a devastating impact on the civil cases, in
particular if the Judge made negative comments against POL. The counter argument is that without prosecutions our
losses are increasing hugely and will continue to be so.
At this stage the risk appetite dictates that every case will be reviewed on its merits, weight of evidence and public
interest as it is now, however we are unlikely to proceed to prosecute until post-civil action, unless there are
exceptional circumstances. This is how we operate at present but as you know the business can change policy at any
time.
There will be a legal/prosecution workshop held in January that will consider the impact of prosecuting or not, and
looking at the way we deal with investigations, for example, should we continue to carry out PACE interviews if the
policy is not to prosecute etc. After this meeting we will have a finalized and clear steer as to our function moving
forward.
On a more positive note, the wish of the board is that as soon as practicable we return to being a fully functional
prosecution team. Our team numbers will be increased considerably, we will have a full Fl capability and our legal
team will have a criminal section purely to support prosecutions (the good old days — before my time ).
I appreciate (as do Jane and Mark) the frustration of the whole process for everyone, and thank you all for your
efforts, hard work and can-do attitude. After the January meeting we will have a team conference call so I can give
you the updates and decisions taken. In the meantime if you have any questions about the above please give me a
call.
POL00124103
POL00124103
Kind regards
Mark
Mark Raymond
Head of Security Operations
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