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From: Cooper, Tom - UKGIF
Sent: Thur 11/10/2018 5:39:01 PM (UTC)
To: Rodric Williams”
Subject: Re: Postmaster Complaints - SUBJECT TO LEGAL PRIVILEGE - DO NOT FORWARD.
Attachment: image001.png
Thanks Rod
Sent from my iPhone
On 11 Oct 2018, at 13:52, Rodric Williams: wrote:
Richard, Josh,
Mr Butoy’s application for permission to appeal was refused earlier today. In dismissing the application,
the Court of Appeal found that any role that Horizon might have had in the prosecution was secondary
to Mr Butoy’s inability to explain why £208,000 of cheques were not processed if they had actually
existed.
In response to Tom’s enquiry from earlier this morning, Mr Butoy has not applied to the Criminal Cases
Review Commission for a review of his conviction, i.e. his is not one of the 33 Post Office prosecutions
currently being reviewed by the CCRC. Applying for such a review remains an option for Mr Butoy, and
indeed he arguably has greater standing to apply given that, unlike the 33 “Post Office” applicants, he
has exhausted his rights of appeal.
Kind regards, Rodric
From: Rodric Williams
Sent: 09 October 2018 23:48
To: ‘Watson, Richard - UKG' “Fox, Joshua - UKGI
‘Cooper, Tom - UKGI'
Subject: Postmaster Complaints - SUBJECT TO LEGAL PRIVILEGE - DO NOT FORWARD
Postmaster Complaints - SUBJECT TO LEGAL PRIVILEGE - DO NOT FORWARD
Richard, Josh,
The purpose of this email is to let you know that on Thursday 11 October 2018 the
Criminal Court of Appeal will hear an application from a former postmaster seeking
permission to appeal his 25 September 2008 convictions arising from a loss of c.£208,000
at the Forest Side Post Office branch where he had been postmaster, and which had been
prosecuted by Post Office.
Iam sending this email to you in accordance with and pursuant to the terms of the UKGI /
Post Office Limited Information Sharing Protocol dated 11 June 2018, given that the
principles underlying that Protocol concerning “postmaster complaints” apply equally to the
subject matter of this hearing.
Post Office is not an official party to the 11 October 2018 hearing but will attend it given
our interest in its outcome (see further below).
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The background to the hearing is:
- On 14 August 2017 Post Office received notice from the Criminal Appeal Office that
Harjinder Singh Butoy had applied to appeal his 25 September 2008 convictions
arising from a loss of c.£208,000 at the Forest Side Post Office branch where he
had been postmaster.
- On 7 September 2017 Post Office filed a “Respondent’s Notice” with the Criminal
Appeal Office submitting (by reference to the totality of evidence available at trial)
that the convictions were safe.
- In February 2018 Post Office responded to the Court of Appeal’s request for copies
of documents from the original trial.
- On 21 May 2018 the Criminal Appeal Office gave notice that Mr Butoy’s application
for permission to appeal had been refused by a Single Judge.
- Mr Butoy subsequently renewed his application to the Full Court, which will now
consider it at a hearing on 11 October 2018.
Post Office has not been asked (and is not entitled) to attend the hearing in any sort of
representative capacity, given that the Court of Appeal has decided that the application
does not raise any particular point of fact or law on which it wishes to hear from the
prosecutor. We are advised that this indicates that the application is unlikely to be
successful. As noted above, we will nevertheless attend the hearing (which is open to the
public) so that we can see how the Court approaches Mr Singh's application.
I will update you further following the hearing.
Kind regards, Rodric
Rodric Williams
<image001.png>
2017 Winner of the Global Head of Legal - Dispute Resolution & Brand
Postal Award for Customer 20 Finsbury Street
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