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From: Rodric Williams <"
To: "Parsons, Andrew"
7 "Matthews, Gavin"
jorizon - Jonathan Swi QC/Brian Altman QC / Deloitte
Date: Fri, 15 Apr 2016 19:02:28 +0000
Importance: Normal
Attachments: Instructions_to_BAQC_(RW_18.02.16).docx
Embedded: unnamed; unnamed(1)
Inline-Images: image001.png
Andy, Gavin,
Following my discussions with Andy during the day, here’s an update on two discrete issues arising out of
Jonathan Swift QC’s report to POL’s chairman where we require your assistance. Andy — Mark Underwood
has sent you this report, which is highly confidential and not to be circulated more widely to anyone other
than Gavin at this time.
Brian Altman QC
Please find attached for information the instructions we sent to Brian Altman QC on the "theft/false
accounting" and "balancing transactions/sealed baskets” issues raised by Jonathan, along with Brian’s email
setting out his preliminary views.
With respect to the "theft/false accounting" issue, I need Jonathan to confirm whether Brian can limit any
review to the 19 Scheme cases which have the fact pattern Jonathan identified (charged with theft and false
accounting; conviction on false accounting only), which Brian felt was reasonable. Andy, given that many
of those cases are also CCRC cases, you were going to start arranging for these to go to Brian to help scope
what his review might look like.
Insofar as the "balancing transactions/sealed baskets” issue is concerned, Brian and I agreed this could be
parked until we know whether there is a “real problem” (as to which, see below re: Deloitte).
Deloitte
Deloitte have been scoping what they might be able to do to answer Jonathan’s IT-related recommendations
around “balancing transactions” and “sealed baskets”, and are nearing the point where they can start writing
up some of their findings.
I believe Deloitte’s current work should be privileged because:
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it is being done specifically to enable Jonathan to provide his legal advice to POL’s chairman;
it relates back to the work Deloitte did in 2014, over which we have been claiming litigation privilege given
its purpose was to assist POL respond to PMR allegations about Horizon which had been raised in Court
(e.g. by Shoosmiths) and were reasonably likely to be again (based on repeated threats of court action e.g.
from JFSA). This purpose was reflected in the initial instruction email (attached), the Engagement Letter
which formally commissioned the work, and in Draft Report dated 24 May 2014 and Board Briefing dated 4
June 2014 produced by Deloitte;
the latest work in and of itself was commissioned after the late 2015 announcements that Freeths would be
pursuing litigation against POL (first confirmed in a letter from them to us on 12 December 2015), and hence
was commissioned in reasonable contemplation of litigation and for the purpose of helping respond to
allegations in litigation about Horizon (again reflected in the engagement letter for this work, which strictly
speaking is a Change Note to the original 2014 Engagement Letter).
Mark U has sent Andy the Change Note to the Engagement Letter for Deloitte’s current work. The
Engagement Letter itself is Appendix 4 to Deloitte’s 23 May 2014 report, and the first Change Note which
led to the Board Briefing is at Appendix 5 to Deloitte’s 23 May 2014 report, so you should already have
access to these.
Given the notification this week that High Court proceedings have been started against Post Office (which
we presume will include allegations about the Horizon system), before Deloitte takes any further steps on its
current engagement could you please consider and advise as to whether anything further could be done
to strengthen Post Office’s claim to privilege over the work product which Deloitte will shortly be
external solicitors.
Please let me know if you need anything further.
Kind regards, Rod
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