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From: Amy Prime
To: Amy Prime
Subject: RE: Horizon Issues Trial - KEL disclosure
Date: Tue, 1 Oct 2019 15:33:53 +0000
Importance: Normal
Inline-Images: imagef46a4d.PNG; image78a094.PNG; imaged0a4b7.PNG
Cannot delay in dealing with this —
Judgment imminenet and this is potentially really dmagaing, even more dmaaning if comes out afte rjudgment
delivered.
Whole trial was about KE:s and if position is that a more accurate picture from time to time.
Latest version may capture progress and would be suprising if actually there was a lot of information being lost. If
disclose out outset then separate excierse of comparing versions gf KEL register and seeing what happebned.
Do not sit on this and cannot possibily not disclose
How manage — in diel world would get to bottom of this and confess. Reliaty is that we may not have lucury of time to
do this as the story that will be told is where the suggestion that preivous versions of KELs came from, how found way
on to EDQ, whether any discussion about it (ie, wrong end of stick or positive rep), understand sign off process for
EDQ, understand whether any correspondence in relation to this, linking into deprecated and dleted KEL.
NNotify them very quickly of the fact - has been brought to our attentiona s a result of queries raised that under a
mispreheisnn. Previousy ifnrmed andbelieved that single version of KEL databvase and overwritten as stated in EDQ.
Appears mistaken and preivous versions exist.
Not mention EDQ? This is not going to be a minor issue which forget so would be upfromt and straight forward.
Simon's advice.
Judge hates us and mostly the whole disclosure thing. This plays into his world view and they know this.
BEause judgment appeat at anytime, need to make an earlier admission and get to bottom of situation urgently.
Confess to EDQ as need to take an approach as angry about this as Freeths are. Folllowd by detailed explantion.
Concern over wanting evidence from Coyne/Worden if this makes any difference and whetehr trial proceeded on a
false basis.
Need to get TRQC involved.
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Amy Prime
Associate
Womble Bond Dickinson (UK) LLP
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I ~~ DICKINSON O(n)
From: Amy Prime
Sent: 01 October 2019 1
To: Simon Henderson }
Ce: Andrew Parsons}
Lucy Bremner
Horizon Issues Trial - KEL disclosure [WBDUK-AC.FID27 103746]
Jonathan Gribben f
Simon
Further to my voicemail, and following on from the discussions about the disclosure of the Horizon adverse
documents, we have received the attached letter from Freeths. In the paragraph named “Previously disclosed KELs",
on page 4/5, Freeths have raised a number of points about the disclosure of previous versions and amendments
made to the KEL entries. In drafting a response to this letter we intended to rely upon Post Office's EDQ which stated:
"The KEL only contains the current database entries and is constantly updated and so the current version will not
necessarily reflect the version that was in place at the relevant time. The previous entries / versions of the current
entries are no longer available." (emphasis added)
We have this morning learnt from FJ that this statement is incorrect and that when FJ revise the contents of an existing
KEL they would not overwrite the KEL (and lose the previous version) but take a copy of the KEL, make the changes
and save as a new document. The previous versions of the KEL would then be kept for version control and are still
held in the KEL database.
There is some urgency to respond to the attached letter since Freeths are due to file at 4:30pm on Thursday, 3
October a document (a) identifying any challenges as to the source or basis of assertions made in the new 3 pages of
submissions; and (b) in no more than 5 pages, identify any points arising in relation to the late disclosed documents
(although there has been no response from Fraser J on this request to file submissions).
We are therefore proposing to respond to the remainder of the letter but include a holding response in relation to the
disclosure of the previous versions of KELs. It would however be helpful to discuss with you how to best tackle the
requirement/or not to disclose these documents and the approaches which could be adopted.
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If you are free today, please could you give me a call to discuss?
Kind regards
Amy