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Jonathan E Hi
From:
Sent: 20211 04-307 13:43:51Z
Importance: Normal
Subject: RE: FO! Request for Board Minutes and Attendees - 2013 Simon Clarke Advice
Received: 2021-04-30T13:43:51Z
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Ben, it would I think be helpful to do a high level and simple timeline of the Second Sight activity, the different reviews like
SC, Brian Altman's review, disclosure execrises, deloitte H reviews so we can see how it pins together. 2013 does seem
to be the pivotal year when PO doubled down. Thanks Al
From: Ben Foat
Sent: 30 April 2021 1
Jo: Ken McCalf.
GRO
“I Tim Parker +.
GRO
“hs Thomas Cooper
Lisa Harrington
} Nick Read
oT 7 GRO
Cc: Veronica Branton
Jonathan E Hill
Subject: Re: FO! Request for Board Minutes and Attendees - 2013 Simon Clarke Advice
Hi Ken
The Simon Clarke advice was sought following the Second Sight Report which contained information that Horizon may not
be "bug free" and Post Office may have been aware of this. The Second Sight report identified two bugs with Horizon
(receipts and payments mismatch and local suspense account) which had been highlighted to Second Sight by Gareth
Jenkins. In the advice dated 8 July 2013 he advised on the need to conduct a review of all Post Office prosecutions (and a
small number of current cases) to identify those in which the material ought to be disclosed. This post conviction exercise
was referred to as the Cartwright King Sift Review. On 15 July 2013, Simon Clarke provided advice to Post Office as to
"the use of expert evidence in support of prosecutions of allegedly criminal conduct. This advice is referred to in the CACD
judgment as illustrating POL's poor investigation procedures.
Hope that helps. Happy to discuss/ provide further material.
Kind regards
Ben
Ben Foat
Group General Counsel
Post Office Limited
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From: Ken McCall GRO
Sent: Friday, April 30, 2021 1:08 pm
To: Ben Foat; Tim Parker; Thomas Cooper; Carla Stent=! Zarin Patel; Lisa Harrington +}; Alisdair Cameron; Nick Read
Cc: Veronica Branton; Mark UnderwoodseJonathan E Hill mv
Subject: Re: FOI Request for Board Minutes and Attendees - 2013 Simon Clarke Advice
Ben
I was trying to remember what the Clarke advice was as i do not remember having seen it
Maybe its my memory and all others have noted the papers ?
Can you please clarify ?
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Best
Ken
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From: Ben Foat:
Sent: Friday, Aj
Parket
ali
; Nick Read
i GRO
Cc: Veronica Branton <=
"GRO
jonathan E Hill
‘Subject Ol Request for Board Minutes and Attendees - 2073 Simon Clarke Advice
Dear all,
We are due to respond to a FOI request for the minutes of Board Meetings which mention the 2013 Simon Clarke Advice.
The scope of the FOI requests includes the names of Board members present at these Board Meetings but excludes any
supporting Board papers.
The requestor did not specify a time period in his request for board minutes, and so reasonable searches have been
conducted of board minutes from July 2013 (and in particular those in the second half of 2013). Although we have been
able to determine that it is likely the Board were made aware of concerns held with the evidence provided by Dr Jenkins
(i.e. the subject matter of the 2013 Clarke Advice), we have not been able to determine that the actual Clarke advice itself
went to the Board in 2013.
The Board Minutes which do mention the 2013 Clarke Advice and are therefore responsive to the FOI request are as
follows:.
1. ACCRC board meeting on 19 November 2020; and
2. ACCRC board meeting on 04 February 2021.
The relevant sections of the minutes are not being disclosed as they are legally privileged. However, the requester has
specifically asked for the names of Board members who attended the relevant meetings.
We consider that the disclosure of these names is necessary to meet the requestor's legitimate interests and that POL is
therefore required to disclose them, together with the dates of these meetings. We have prepared a response to the
requestor on this basis, which is attached.
The attached response will be sent out no later than Friday 7 May 2021. If you have any concerns or queries, please do
not hesitate to contact myself or the team (copied).
Kind regards
Ben
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Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
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