POL00434016
POL00434016
Burges) fieldfisher
almon I
NOT FOR WIDER CIRCULATION One Glass Wharf
Solicitor to the Inquiry Bristol BS2 0ZX
Post Office Horizon IT Inquiry Tels.
5" Floor email@>
Aldwych House www.burges-salmon.com
71-91 Aldwych DX 7829 Bristol
London
WC2B 4HN
10 May 2024
Dear Solicitor to the Inquiry
POST OFFICE HORIZON IT INQUIRY: Phase 5/6 Exchange Remediation Assurance Reviews arising
from R9(52), Section 21(3) document identified by the Remediation Unit
1.41 We write further to the draft first witness statement of Oliver Carlyon, for which an updated version was
sent to the Inquiry on 26 April 2024 (the 26 April Witness Statement). Paragraph 31 of that statement
set out assurance reviews that were being undertaken in response to Rule 9(52). The purpose of this
letter is to provide an update on the completion of the assurancereviews and provide details of the
resulting production PROD081, totalling 13 documents (not inclusive of family).
1.2 PROD081 contains one additional document that was identified by the Remediation Unitin the course
of its separate activity and flagged to the Post Office Inquiry team as being potentially relevant tolnquiry
issues. The document was reviewed and deemed relevant to Section21(3) and is produced alongside
the R9(52) assurance review documents. Further details are provided at paragraph 3.
2 ASSURANCE
24 At paragraph 31 of the 26 April Witness Statement, we advised that BSFf on behalf of Post Office were
conducting urgent assurance reviews. These reviews consisted of:
(a) All documents overturned at tier-two [c.500 documents] resulting in a placeholder production
in the Phase 5/6 remediation production’;
(b) Targeted searches for documents with "file note" in the document title or email subject (no
documents identified);
(c) A 10% sample [440 documents] of all documents overturned toNR at tier-two in the Phase
5/6 exchange remediation (11 documents identified for production) and
‘ This was completed at the time the 26 April Witness statement was filed, and no documents were identified for production, andhis is
set out in paragraph 31
WORK\52288797.1 Classification: Confidential
6 New Street Sauare, London EC4A 3BF Atriq.Qne..144 Martisan Street, Edinburgh EH3 BEX
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Burges Salmon LLP is a limited liablty partnership registered in England and Weles (LLP number 00307212, SRA ID 401114). andis
authossed and regulated by the Solicitors Regulation Authorty. It's also regulated by the Law Sociey of Scotland. Is registered
office is at One Glass Wharf, Bristol, 52 0ZX. A ist ofthe members may be inspected atts registered offce, Further information INVESTORS IN PEOPLE
about Burges Salmon entities, including details oftheir regulators, i set out onthe Burges Salmon website at f We invest in people Platinum
Fieldfsher isthe trading name of Fildfsher LLP. a limited lability partnership registered in England and Wales (register ed number
(00318472) and is authorised and regulated by the Solctors Regulation Authority. list of ts members and thei professional
qualifcations is availabe atts registered offce, Riverbank House, 2 Swan Lane, London ECAR 3TT. We use the term partner to refer
toamember of the Fieldfsher LLP, or an employee or consultant with equivalent standing and qualifcations
POL00434016
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ke May 2024 Burges 4
(d) A 20% sample [160 documents] of all documents overturned attier-two by the specific tier-
two reviewer in the P5/6 Remediation review (one document of interest identified for
production, see below).
2.2 As a result of the four assurance reviews above, 12 documents are identified for production. None of
these documents appear to be highly material and relevant.
2.3 A document of interest identified in assurance review (d) is not responsive to Section 21(3) but is
relevant to the issues set out in that notice and therefore is disclosed for completeness as a document
of interest. The document includes an email sent by Patrick Bourke who is giving evidence to the
Inquiry on 15 May, but the document does not appear to be highly material to his evidence.
24 As noted in our email of 9 May, this production closes outassurance conducted in response to R9(52).
Post Office will remain ready to respond promptly wherever possitle to any queries the Inquiry has of
documents produced to date or to further requests that the Inquiry may make.
3 DOCUMENT IDENTIFIED BY REMEDIATION UNIT
3.41 The document POL-BSFF-081-0000019 is a transcript of an audio file from a CD identified by Post
Office's Remediation Unit (RU). The CD was located in a box labelled 'Rivenhall/Feering' and therefore
not responsive to previous searches for Inquiry purposes The audio file transcribed from the CD was
the only file on the relevant CD. The CD was transcribed by the RU and it became apparent it was an
interview between Alan Lusher (Contract and Service Manager) andGraham Ward (subpostmaster),
and a third unknown individual. However, the transcript was escalated by the RU to Post Office Inquiry
Legal as a potential document of interest in respect of more general comments within the content of
that interview relating to Fujitsu access. The document was then reviewed by BSFf and confirmed to
be broadly responsive to Section 21(3), as it mentions Andrew Winn and there is discussion of Fujitsu
remote access on page 7.
3.2 Post Office and BSFf have requested that the Remediation Unit continue to escalate any similar
documents likely to be of interest to the Inquiry to the Post Office Inquiry Legal team for consideration
of relevance, as they did in this case.
4 PRODUCTION
44 Post Office has instructed KPMG to produce 22 documents to the Inquiry in PROD081, of which:
(a) 10 documents are produced in native format
(b) 5 documents are produced in image format,
(c) 3 documents are overlaid from NR to image/native; and
(d) 4 documents are disclosed with a placeholder by reason of irrelevance
4.2 A loadfile accompanies the production identifying whether a document falls into category a, b or c
above, alongside the Witness(es) field. The Inquiry can use this loadfile to navigate directly to
documents which potentially relate to one or more witness(es) but may not necessarily be ones that
the witness saw contemporaneously. Overall, 8 documents in PROD081 refer to one or more
witness(es).
Yours faithfully
Burges Salmow LLP Fieldfisher LLP
BURGES SALMON LLP AND FIELDFISHER LLP
WORK\52288797v.1 Classification: Confidential