POL00147169
POL00147169
Message
From: Belinda Crowe [IMCEAEX-
_O=MMS_OU=EXCHANGE+20ADMINISTRATIVE+20GROUP+20+28FYDIBOHF23SPDLT+29_CN=RECIPIENTS_CN=BELINDA+20CROWE
569F-4526-A078-F5B4958A8917220@C72A47.ingest.local]
on behalf Belinda Crowe <IMCEAEX-
of _O=MMS_OU=EXCHANGE+20ADMINISTRATIVE+20GROUP+20+28FYDIBOHF23SPDLT+29_CN=RECIPIENTS_CN=BELINDA+20CROWE
569F-4526-A078-F5B4958A8917220@C72A47.ingest.local> [IMCEAEX-
_O=MMS_OU=EXCHANGE+20ADMINISTRATIVE+20GROUP+20+28FYDIBOHF23SPDLT+29_CN=RECIPIENTS_CN=BELINDA+20CROWE
S69F-4526-A078-F5B4958A8917220@C72A47.ingest.local]
Sent: 12/01/2014 12:18:
To:
ce:
BCC: Belinda Crowe {.
Subject: Fwd: Proposed Engagement Letter
Sensitivity:Company Confidential
Hi Andy
Please see below. You were going to make some amendments to the letter. Would you be able to do that tomorrow? I
have made some comments in CAPS to the points SS have made.
Best wishes
Belinda
Begin forwarded message:
From: Belinda Crowe <.
Date: 12 January 2!
To: lan Henderson
Cc: Ron Warmington , Chris Aujard
Subject: Re: Proposed Engagement Letter
Thanks lan,
Would 9.30 be OK? Can I suggest that we meet at Old Street and I will leave it to you and Ron to decide whether Ron
dials in? We may want to go through the straightforward issues and bring in Ron on any points which need further
debate. I think the key is to do this in the way that allows us to conclude matters if we can on Wednesday.
Please let me know what works best for you and, if necessary, perhaps we can speak tomorrow and finalise the
arrangements.
Best wishes
Belinda
On 10 Jan 2014, at 19:01, "lan Henderson"
$ wrote:
Belinda
I think it will just be me attending the meeting. I can brief Ron afterwards or we can get Ron to dial-in.
i'm free all of Wednesday morning so let me know the time and I will come to Old Street
With best wishes
Tan R Henderson CCE CISA FCA
Advanced Forensics - London, UK
POL00147169
POL00147169
Forensic computing expert witness and electronic disclosure specialist
Website: http advancedforensics.com
Linkedin: http://linkedin.com/in/forensicgod
Twitter: http://twitter.com/forensicgod
CONFIDENTIALITY. This email and any attachments are confidential and ma’ rivileged.
If you are not the intended recipient, please notify me at irh and
delete the email and any attachments.
From: Belinda Crowe
Sent: 10 January 2014 18:13
To: Ian Henderson; Chris Aujard
Cc: 'Ron Warmington’; Belinda Crowe
Subject: RE: Proposed Engagement Letter
Sensitivity: Confidential
lan
Chris has discussed this with me, and I understand you and he have spoken. Would it be possible for us to meet on
Wednesday morning next week to discuss the engagernent letter? We think possibly face to face is better if that works
for you and Ron. Would that be convenient? If so, would 148 Old Street suit you.
Please let me know if it would be easier to discuss diaries and venues rather than exchanging emails.
Best wishes
Belinda
Belinda Crowe
148 Old Street, LONDON, EC1V 9HO,
From: Ian Henderson [
Sent: 10 January 2014 10:18
To: Chris Aujard
Cc: 'Ron Warmington’; Belinda Crowe
Subject: RE: Proposed Engagement Letter
Sensitivity: Confidential
Chris
I would be grateful for an indication as to when we may expect a reply to my email dated 6 January?
fam concerned that the proposed limitations of scope have a significant impact on the reports we are preparing at the
moment and are due to disclose to the Working Group later this month. If POL is unable to agree to the proposed
changes to the Engagement Letter, this matter will need to be considered by Sir Anthony Hooper and the Rt Hon James
Arbuthnot MP in the next few days if we are to comply with the timetable set by the Working Group.
\ look forward to hearing from you.
POL00147169
POL00147169
With best wishes
Tan R Henderson CCE CISA FCA
Advanced Forensics - London, UK
Forensic computing expert witness and electronic disclosure specialist
Website: http
advancedforensics.com
Linkedin: http://linkedin.com/in/forensicgod
Twitter: http://twitter.com/forensicgod
CONFIDENTIALITY. This email and any attachments are confidentia
If you are not the intended recipient, please notify me at irl
may also be
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From: Ian Henderson [/_
Sent: 06 January 2014 12:55
To: ‘Christopher Aujard'
Cc: 'Ron Warmington’
Subj
roposed Engagement Letter
Sensitivity: Confidential
CONFIDENTIAL
Dear Chris
I raised a number of points on Friday relating to the proposed Engagement Letter between POL and Second Sight. I am
sorry that I had to leave before we were able to have a more detailed discussion about this.
The main points of concern were the following:
1.
2.
Para 4.2 This should be subject to 30 days notice. THIS SEEMS OK?
Para 5.1. 1am not sure what is meant by “the Fee Schedule”. Please clarify. WE WERE GOING TO ADD IN THE
FEES ARRANGEMENTS BASED ON AN HOURLY RATE
Para 6.2. As drafted, this is too broad. Concerns about confidentiality are dealt within Para 6.1 and I suggest
that Para 6.2 is deleted.
Para 7.1. I suggested that in some circumstances Second Sight could be the Data Controller. We both agreed to
consider this point. PROBABLY A LEGAL VIEW BUT I PERSONALLY DONT SEE HOW SS WOULD BE ANYTHING
OTHER THAN DATA PROCESSOR AS IT IS FOR POL (AS A PROXY FOR THE WG) TO SET THE MANNER ETC.
Para 7.8. The reference to “procure” presumably means “ensure”? ASSUME TIS IS JUST LEGAL TERMINOLOGY -
DONT HAVE A STRONG VIEW ABOUT THAT BUT UNLESS ITS NECESSARY I WOULD SAY IF SS PREFERS ENSURE
THEN USE THAT.
Para 8.1.1. Presumably this does not apply to meetings between Second Sight and MPs (which may be open to
the public) or the Rt Hon James Arbuthnot’s Office? Please clarify. TRICKY. I SEE NO REASON WHY SS SHOULD
MEET WITH MPs. I THINK THAT WE SHOULD SET OUT THE LINES TO TAKE IN A SORT OF SCHEDULE WHICH IS
LINKED TO THE WG. BY THAT I MEAN THAT THE POSITION SHOULD BE THAT IF SS ARE APPROACHED BY MPs,
INC. JAMES ARBUTHNOT THE POSITION SHOULD BE THAT FOLLOWING THE SS REPORT THE SCHEME AND WG TO
OVERSEE IT WAS ESTABLISHED AND THE CASES ARE NOW PROGRESSING THROUGH THE PROCESS. IT WOULD BE
INAPPROPRIATE TO COMMENT ON INDIVIDUAL CASES AND ISSUES ARISING FROM THE INDIVIDUAL CASES ARE
BEING CONSIDERED BY POL AS PART OF ITS BUSINESS IMPROVEMENTS WORK.
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7. Para 8.1.2. This paragraph should be deleted as POL has already issued a Press Release describing Second
Sight’s role in relation to the Scheme. THIS COULD BE COVERED IN THE ABOVE REFERENCE TO THE WG.
The proposed Scope of Services Schedule raises a number of issues that are at variance with assurances previously
provided by POL to both Second Sight and to the Rt Hon James Arbuthnot MP. In particular, the Scope of Services
Schedule attacks the fundamental principle that Second Sight operates completely independently of POL and conducts
its investigations and prepares reports as it sees fit. WE NEED TO CONSIDER CAREFULLY WHAT AND HOW WE SEEK TO
FETTER. SAH HAS MADE IT CLEAR THAT SS CAN INCLUDE WHAT IT WANTS SO WE NEED TO TREAD CAREFULLY.
In this regard, Paragraph 1 deals with matters that are more properly dealt with by the Working Group, not POL.
Paragraph 3 should be deleted in its entirety, as should Paragraphs 4, and 6.1 as these seek to fetter the discretion of
Second Sight to investigate and report on matters at its sole discretion.
If POL is not able to agree to these changes, we suggest that the matter is referred to the Working Group and also to the
Rt Hon James Arbuthnot MP. You will appreciate that any action that limits the ability of Second Sight to investigate and
report on matters at its sole discretion will result in a “limitations of scope” paragraph in any report produced by Second
Sight. JUST FOR INFO I THINK IT UNLIKELY WE WOULD REFER ANYTHING TO JAMES ARBUTHNOT. I DO NOT THINK HE
WOULD CONSIDER THAT HE HAS BEEN INVOLVED IN THE ENGAGEMENT OF SS. BUT WE COULD TEST THAT AT THE
MEETING WITH ALICE LATER THIS MONTH. JUST TO COVER THAT OFF. I HAVE A MEETING WITH BIS THIS WEEK SO I
WILL TRY TO TEST THE GROUND WITH THEM.
Ron and I would be happy to meet with you (or by telephone) to discuss any of these points.
I look forward to hearing from you.
With best wishes
Ian R Henderson CCE CISA FCA
Advanced Forensics - London, UK
Forensic computing expert witness and electronic disclosure specialist
Website: http advancedforensics.com
Linkedin: http://linkedin.com/in/forensicgod
Twitter: http://twitter.com/forensicgod
d.
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