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From: Jessica Madronf_
Sent: Wed 19/11/2014 2:46:28 PM (UTC)
To:
Subject:
Fyi
Kind Regards
Jessica Madron
Head of Infrastucture and Dispute Resolution
Legal
My working days are Tuesday to Friday.
() 148 Old Street, LONDON, EC1V 9HQ
@ > www.postoffice.co.uk
@®© @postofficenews
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or opinions expressed within this email are solely those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540. Registered Office: 148 OLD STREET,
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From: Jarnail Singh
Sent: 19 November 2014 14:46
To: Jessica Madron
Subject: RE: Top 5 cases
Jessica
Security has appointed high level team which includes me to assess cases continually by applying number of criteria
together with the prosecution test of sufficiency of evidence and public interest test to decide whether case proceeds
with investigation with view to potential prosecution or liaise and refer the cases to network contract team to take it
on contractual basis.
Hope this helps!
Jarnail
Jarnail Singh I Criminal Lawyer
SASS SESE STE ES A ES INT
@ 148 Old Street, LONDON, EC1V 9HQ
x
x
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From: Jessica Madron
Sent: 19 November 2014 14:12
To: Jarnail Singh
Subject: RE: Top 5 cases
Jarnail
Could you give me a bit more detail about the 69 cases — which of these are being actively (i) investigated and (ii)
prosecuted please?
Many thanks
Kind Regards
Jessica Madron
Head of Infrastucture and Dispute Resolution
Legal
My working days are Tuesday to Friday.
@ 148 Old Street, LONDON, EC1V 9HQ
@) www.postoffice.co.uk
~~ -
@ @postofficenews
This email and any attachments are confidential and intended for the addressee only. If you are not the named
recipient, you must not use, disclose, reproduce, copy or distribute the contents of this communication. If you have
received this in error, please contact the sender by reply email and then delete this email from your system. Any views
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or opinions expressed within this email are solely those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540. Registered Office: 148 OLD STREET,
LONDON EC1V 9HQ.
From: Jarnail Singh
Sent: 31 October 2014 15:02
To: Jessica Madron
Subject: RE: Top 5 cases
Jessica
1 .Police liaison cases
Whilst reviewing the list of cases provided by security team I became aware of number of police liaison
cases these are cases police are prosecuting through the CPS. On the basis information provided by POL
.This causes me significant concerns as there is at the present time there is no input by POL internal or
external lawyers from criminal perspective.
Accordingly there is a risk that defendant may say that disclosure has not been properly dealt with; the CPS
is reliant on information provided by POL and it may be alleged that POL
Has failed to provide information which it should have to enable CPS disclosure decisions to be made. It may
not be case the investigation officers deliberately failing to provide information; they may simply fail to
realize the significance or not even know of some information known within the wider organisation. Clearly
POL would not want judicial comment or adverse publicity.
Agreed with security all existing police liaison cases and /or future cases are referred to legal for
appropriate input. The events of the last 12 months or so have shown investigation officers have been
completely unaware of some highly important points through no fault of their own. Have set up system
with security to filter for disclosure requests from police. Disclosure issues are being made and likely to
be made.
2.Expert
One of the important issues has been to locate suitable and instruct an expert.
.Identified an expert. Accompanied CK to number of meeting with expert and it is hoped expert be
instructed shortly.
.In these meetings discussed important issues and assisted in briefing of the expert.
. By liaising with different areas of POL gathering information technical aspects and funding and Fujitsu as
appropriate and liaising between external lawyers and internal POL departments.
. Feed information to experts, who then become better, informed to be able to deal with Horizon
issues/scope.
Current & on-going prosecutions cannot re-commence, until instruction independent HOL computer expert
is instructed and his report is hand.
Experts have undertaken counter training and briefing from Fujitsu
Presently dealing by liaison with BD and CK and GC with the following ;
1. Updated non-disclosure agreement
2. ICON Agreement
3. Copy of the instructions to experts
4. The previous summary note (in relation to the Expert Agreement)
5. New note dealing with the Instructions — summary of the main provisions and risks
6. Considering CAF/High level consultancy form and POLs standard consultancy agreement
7 GC has requested CK and the ICL experts should consider the assurance work Deloitte undertook for POL
on Horizon earlier this year in connection with Project Sparrow.
This work undertaken and reports produced are extremely confidential. As such, while it is desirable for it to
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be shared with ICL (e.g. to avoid duplication of effort),
The first step to getting Deloitte’s work to CK and ICL is to obtain their authority for its release. Deloitte has
provided this in the past when the recipient has signed a “hold harmless” letter, presently being considered
by CK and ICL
3. POL Mediation scheme
The Scheme is open to any Sub postmaster who believes they have suffered a loss or been treated unfairly
as a result of the Horizon system or any
Associated issues.
.Considered Documents prepared by Bond Dickinson of risks facing POL due to Mediation Process.
-Sought Specialist advice from CK as and when appropriate
. Written risk warning highlighted by CK to minimise the risk to POL.
. Arranged criminal and civil litigation lawyers to discuss face to face how to minimise risk to POL of the
mediation process.
.mechanism set to limited risk to POL arising out of the mediation scheme. Drawing red line, not say sorry or
apology.
.provide briefing note on each application.
.Provide training to POL representatives to the mediation scheme.
4, Revised Prosecution Policy and Future of POL prosecutions
POL has an in-house security and prosecution team. As part of its remit it undertakes investigations and
where deemed appropriate will undertake criminal prosecutions in line with the business prosecution
policy. If an incident is considered to have sufficient evidence to prosecute it is passed to the POL legal
team for review and consideration against the evidential and public interest tests. Legal team’s
recommendations are then passed to the Head of Security and if satisfied, he will then make a decision on
Prosecution.
a) Following the Second Sight review and revised prosecution policy with a resultant cultural shift within
the business, greater emphasis will be placed on fraud prevention and early intervention activities. It is
envisaged that a number of fraud risk programmes will be initiated this year driven by emerging patterns
and trends identified by the fraud team in Chesterfield. The success of these programmes will only be
achieved by a collaborative approach with other security strands and key stakeholders.
b) Cases will only be raised for criminal investigation once all alternative avenues which may culminate in
a successful outcome have been explored and dismissed. The decided course of action needs to be
proportionate, justified and necessary. Cases raised for investigations will be limited to those likely to
seriously damage the brand or reputation of the Post Office. Other cases will be considered where there
is a clear and obvious business need to conduct a criminal investigation.
The draft revised prosecution policy which BAQC was instructed and briefed to prepare has now been
considered by several relevant members at POL and as such number of potential amendments has been
considered by BAQC and advice POL in conference. BAQC is now preparing the draft version accordingly.
5. Draft policy document entitled “POLICY DOCUMENT — Contract Breach.”
Advise upon any impact such a policy may have within the criminal law arena, with a particular emphasis on
issues relating to the potential prejudice of criminal investigations and prosecutions .Advising in writing and
meetings with the south and North contract teams -the purpose / implications of bringing an informal
discussion to a halt if information of a criminal nature is divulged
6. Cases in hand
Attending Security forum meetings reviewing case in hand presently 69 cases by advising investigators on
operational matters ,evidence gathering operation by telling the security team what evidence is needed ,
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advising on an investigation as to what is needed ,why and what is wrong/lacking in what has been
obtained so far then decision is made early that material may be insufficient and cases closed down if there
is no merit in continuing with from criminal investigation perspective and files passed to contractual advise
team.
Jarnail Singh I Criminal Lawyer
148 Old Street, LONDON, EC1V 9HQ
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From: Jessica Madron
Sent: 28 October 2014 12:14
To: Rodric Williams; Jarnail Singh; Jean Reynolds
Subject: Top 5 cases
Hi all
Please could you do me a summary of your top 5 cases and anything else of note that you think I should be aware of.
Many thanks
Kind Regards
Jessica Madron
Head of Infrastucture and Dispute Resolution
Legal
My working days are Tuesday to Friday.
iC) 148 Old Street, LONDON, EC1V 9HQ
POL00149562
POL00149562
(=) www.postoffice.co.uk
(@) @postofficenews
i
This email and any attachments are confidential and intended for the addressee only. If you are not the named
recipient, you must not use, disclose, reproduce, copy or distribute the contents of this communication. If you have
received this in error, please contact the sender by reply email and then delete this email from your system. Any views
or opinions expressed within this email are solely those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540. Registered Office: 148 OLD STREET,
LONDON EC1V 9HQ.