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From: Jarnail Singh é
Sent: 03 September 2014 12:27
To: Irvine, Laura
Ce: Martin Smith; Parsons, Andrew; Robert Daily
Subject: RE: Scotland / Gorbals Post Office
Many Thanks Laura. I await to hear from you.
Jarnail
Jarnail Singh I Criminal Lawyer
@) 148 Old Street, LONDON, EC1V 9HQ
© I.
© Jarnail.a. singh¢_ __.._GRO
@) Post office stories
® @postofficenews
From: Irvine, Laura
Sent: 03 September 2014 12:24
To: Jarnail Singh
Cc: Martin Smith; Parsons, Andrew; Robert Daily
Subject: RE: Scotland / Gorbals Post Office
Jarnail
Many thanks. As you know, at the end of the day, it is the Crown's decision about whether or not to proceed,
but as it appears that this case is fraught with difficulty, I think that the Crown will agree with this approach.
I will let you know how we get on when we meet with Angus Crawford which should be over the next couple
of weeks. The Crown will not make a decision in the meantime as they are waiting on Robert providing
additional information.
Kind regards
Laura
Laura Irvine
Associate
Solicitor Advocate
bto solicitors
One Edinburgh Quay 133 Fountainbridge Edinburgh EH3 9QG
Din
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www.bto.co.uk
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From: Jarnail Singh
Sent: 03 September 2014 11: 14
To: Irvine, Laura
Cc: Martin Smith; Parsons, Andrew; Robert Daily
Subject: RE: Scotland / Gorbals Post Office
Laura
On the basis of the difficulties you have described in this case and in the absence of the expert report . POL
would not recommend this case be prosecuted.
Best wishes
Jarnail
Jarnail Singh I Criminal Lawyer
@ 148 Old Street, LONDON, EC1V 9HQ
G ROI ? Postline:
I Mobex
@ samaita.singh
@) Post Office stories
Qa ® @postofficenews
From: Irvine, Laura {..
Sent: 03 September 2014 10:38
To: Jarnail Singh
Subject: RE: Scotland / Gorbals Post Office
Jarnail
I was just drafting an email to you as follows:-
Robert and I met with another procurator fiscal last week in relation to the Gorbals case (El Kasaby
and Stewart). His name is Angus Crawford and he is head of the financial crime unit in Glasgow.
He is also considering Carmyle and Pollockshields so is a very useful contact going forward.
In relation to the Gorbals case he was talking about whether we could prove embezzlement
although we had agreed with Andy Lazzarin that there wasn’t enough evidence to prove that. We
talked through a few evidential issues and we also discussed the possibility of using the fraudulent
scheme charge. Initially he seemed reluctant to proceed with this because he did not feel it was in
the public interest. However I think we talked him round in relation to this issue. He asked Robert
for some additional evidence, including the earlier audit report from 2009 and any other monthly
balance sheets preferably dating back to 2009.
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However he also discussed the issues with Horizon. In this case Mrs Stewart has stated at
interview that the system had sent her transaction corrections that she had never made good. I
understand that Mr El Kasaby (the SPM) is an applicant for the mediation scheme and may be
raising Horizon issues. The potential accused is his sister-in-law and his wife was also investigated
and interviewed. Although Robert suspects that she was also involved she did not admit to
anything.
From my discussions with Martin, and from the concerns raised by the fiscal himself, I suspect that
the Crown would be reluctant to proceed with this prosecution if POL cannot give evidence to say
that the Horizon system is robust. I understand from Martin that the report has not been started yet
and therefore POL cannot give that assurance yet.
We should be meeting with Angus Crawford again about the Pollockshields case. Do you want me
to suggest that the Gorbals case does not proceed? There are several other areas of difficulty with
this case and therefore it may be pushing at an open door?
I am happy to discuss further.
Kind regards
Laura
Laura Irvine
Associate
Solicitor Advocate
bto solicitors
Please keep in touch. Follow us on: bs
From: Jarnail Singh
Sent: 03 September 2014 10:31
To: Irvine, Laura
Subject: FW: Scotland / Gorbals Post Office
Morning Laura
I Understand you had a lengthy telephone conversation with Martin Smith of Cartwright King on
Monday with regards to the above case. The PF is considering a case which has been submitted by
POL for marking. You have discussed with the PF the English offence of False Accounting and
whether the Scottish offence of ‘fraudulent scheme’ could be applied in a similar way.
Martin tells me the suspect clerk has admitted to covering up shortages but denied stealing any
money and so there is potential for Horizon to be raised as an issue by the defence should the PF
decide to prosecute. It goes without saying that if the PF prosecutes POL will have no control.
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However concerns appear to relate in part to the position with regard to the Horizon system (in the
absence of expert evidence) and what might be said in evidence should POL’s security manager be
cross examined.
Martin suggests that this is a case which POL may not wish to have prosecuted. It would appear
that the sub-postmaster at Gorbals is mediation applicant and so there may well be implications
relating to the mediation application.
Can you please advise before taking any further steps.
Best wishes
Jarnail
Jarnail Singh I Criminal Lawyer
@) 148 old Street, LONDON, EC1V 9HA
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