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Laura Pinkney,”
Sent: Wed 29/10/2014 4:03:43 PM (UTC)
To: t
Ce:
Shirley
Baldersor._. .
Leigh-Doy\
Andrew.
Barkerj.....
Subject: FW: Draft CRRs: M031 and M051
Attachment: MO031_Draft_CRR. pdf
Attachment: M031_POL_CR_Summary_AD_120814.pdf
Attachment: M051_Draft_CRR.pdf
Attachment: M051_POL_Case_Review_Summary_KA__02.09._2014.pdf
Hi Jess
Please see Simon’s comments below in respect of these draft CRRs.
Kind regards
Laura
Laura Pinkney
GRO
Tel: I
CartwrightKing
meme SOLICITORS mmm
Birmingham I Derby I Leeds I Leicester] London I Milton Keynes I Nottingham I Sheffield I Tyneside
www.cartwrightking.co.uk
CONFIDENTIALITY NOTIC
hi
received
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you should please
From: Simon Clarke
Sent: 29 October 2014 15:41
To: Laura Pinkney
Subject: FW: Draft CRRs: M031 and M051
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M031 - “From a criminal law perspective, we have no comment to add.”
M051 - “Similarly, we have no comment to add to the POIR or CRR. We are however
concerned at the implicit suggestions made by Second Sight that they be provided with:
(at para. 5.15) - an interview transcript or recording; and
(at para. 5.19) - evidence to substantiate Post Office’s claim that a member of
staff made contact to report possible malpractice being carried out by the Applicant.
We would advise that POL:
— Should not provide any interview tape to Second Sight or any other party.
Any interview transcript or extract thereof should only be disclosed in a
redacted form.
— Should not provide any information beyond that already disclosed on the
topic of third-party concerns regarding the actions of the Applicant at his
branch.
We tender this advice for the following reasons:
1. The Applicant was not a defendant in the criminal proceedings.
2. Interviews may well reference matters which may be subject to some or all of
the following categories of sensitive, personal or protected material:
— Information which reveals or suggests Disclosure-sensitive
investigative techniques, resources, methodology or policy;
— Comments by investigation officers which may give grounds for
an action in libel, e.g. where the involvement in criminal activity
of a third party is suggested.
— Material which, if revealed, may breach Article 8 of the ECHR;
— Information subject to DPA and/or FOI restrictions.
3. POL has a well-established duty to protect those who provide information on
a confidential or anonymous basis. Such protection extends to both the
protection of an informant’s personal safety and, unless the informant has
acted maliciously, from suit. Such a policy has been endorsed by the Court of
Appeal (Criminal Division), which has said that the identity of an informant
should not be revealed unless such disclosure is in the interests of justice. The
interests are of justice are served by disclosure only where the withholding of
the information prevents a defendant to a criminal charge from properly
advancing his defence case, e.g. where it may be said that the informant has an
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improper motive such that he/she may have manufactured the allegation etc.
This is not such a case, not least because this Applicant was not prosecuted;
the information proved to be largely correct; it can be clearly inferred from the
truth of the information that there was no dishonest or malicious intent on the
part of the informant; and because to reveal the identify of the informant
without their express permission may expose the informant to the risk of
litigation.
It is also to be noted that, were it to become public knowledge that POL had
‘outed’ a well-meaning informant, other potential informants could be
inhibited from making their own reports.
sc
Simon Clarke
CartwrightKing
memes SOLICITOR S mmm
Birmingham I Derby I Leeds I Leicester] London I Milton Keynes I Nottingham I Sheffield I Tyneside
www.cartwrightking.co.uk
CONFIDENTIALITY NOTICE
This e-mail is confidential and may contain le;
From: Jessica Barker I
Sent: 28 October 2014°17:33~
To: Chris Aujard; Belinda Crowe; Rodric Williams; Melanie Corfield; Angela Van-Den-Bogerd; Andy Holt; Shirley
Hailstones; Kathryn Alexander; Patrick Bourke; Tom Wechsler; Mark Underwood1; Judy Balderson; Loraine, Paul;
Leigh-Doyle, Alva; Martin Smith
Cc: Parsons, Andrew; Georgia Barker; Eames, Amy
Subject: Draft CRRs: M031 and M051
Dear all
Second Sight have released the draft CRRs for cases M031 and M051, which are attached to this email together with
the relevant PO Investigation Reports, for ease of reference. Bond Dickinson are to produce the draft response and
settlement analysis by COB on Friday 31 October (Paul / Alva, please confirm) so please reply to all with your
comments on the Draft CRRs by COB tomorrow, Wednesday 29 October, so that they can be incorporated into the
response.
Please note that the anticipated deadline for our response is 6 November.
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I will schedule a meeting to discuss our response.
Best wishes
Jess
Jessica Barker
JES IS ID ISHII III IIS IIS IIODIIODI ISIS III II III IIS III II III IE
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