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Witness Name: Mr M J Shiels
Statement No.: WITN11150100
Dated: 2+" March 2024
POST OFFICE HORIZON IT INQUIRY
FIRST WITNESS STATEMENT OF MATTHEW JAMES SHIELS
I, Matthew James Shiels will say as follows:
INTRODUCTION
1. I am the Compliance Officer for Legal Practice (“COLP”) and a director at
AWH Acquisition Corp Ltd t/a Cartwright King (Company No: 12450173)
(‘New CK”).
2. This witness statement is made to assist the Post Office Horizon IT Inquiry
(the “Inquiry”) with the matters set out in the Rule 9 Request dated
18/12/2023 (the “Request’).
3. On 23/12/2022, Cartwright King Limited (now called CK Realisations 2022
Limited, company no: 10143062) (“Old CK”), was put into administration
and certain assets of Old CK were purchased by New CK (the
“Acquisition”).
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4. The senior management of Old CK were not involved in the purchase of the
assets by New CK and were not retained by New CK post-Acquisition.
Additionally, none of the senior management of New CK had been employed
by or connected in any way with Old CK prior to the Acquisition.
5. Accordingly, none of the senior management of New CK have any firsthand
knowledge of the matters set out in the Request or indeed any of the work
conducted by Old CK on behalf of The Post Office (“PO”). I am therefore
making this statement as a corporate statement on behalf of New CK to
assist the Inquiry as far as we possibly can, given the limitations set out
above.
BACKGROUND
6. I have been asked to set out the internal structure of the private prosecutions
team [at Old CK] dealing with PO cases (prosecutions and the subsequent
review) in the period 2012 to 2015, which should include the relative seniority
of all relevant individuals during this period (including any changes) and the
structure of management. In addition, I have been asked to specifically
confirm the position of Rachel Panter, whether she was a paralegal or a
Junior Associate (and when), and who she was supervised by or reported to.
7. Asset out above, neither I nor any of the senior management team have any
firsthand knowledge of the matters set out within the request, nor are any of
the solicitors or in-house counsel who we are aware of having worked in the
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private prosecutions team at Old CK presently in the employ of New CK, all
but one of whom having left prior to the Acquisition and the one remaining
solicitor, Andy Cash, having left during the course of 2023.
8. I have however been able to locate a number of historic documents which
assist my ability to respond to the Request to a certain extent. Those
documents are as follows (the descriptions that appear below represent the
names that the documents have been saved under):
a) Staff List Location & Supervision V2 March 2012 (“Staff List 1”)
(WITN11150101)
b) Copy of Staff List Location & Supervision Crime October 2014 (“Staff List
2”) (WITN11150102)
c) Staff List - Roles & Departments @ 31.10.14 (‘Staff List 3”)
(WITN11150103)
d) Staff List - Roles & Departments @ 12.1.15 (‘Staff List 4”)
(WITN11150104)
e) CK Admin Roles & Management Chart (“Chart 1”) (WITN11150105)
f) CK Admin Roles & Management Chart 07.10.14 (“Chart 2”)
(WITN11150106)
g) Operational Director — Role Specifics (‘OD Spec”) (WITN11150107)
h) Copy of Staff Reporting List — crime (“Reporting 1”) (WITN11150108)
i) Staff Reporting List (“Reporting 2”) (WITN11150109)
j) Staff Reporting List @ 14.05.15 ("Reporting 3") (WITN11150110)
9. Whilst these documents do go some way to identifying management and
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supervision structures that were in place at Old CK during the period from
2012 to 2015, one key question that the documents do not provide an answer
to is the identity of the individuals who made up the private prosecutions
team.
10.In the circumstances I have focused my interrogation of the documents on
the individuals identified by Andrew Bolc, during his evidence to the Inquiry
on 15/12/2023, as being members of the private prosecutions team, namely,
Andy Cash, Martin Smith, Andrew Bolc, Simon Clarke, Harry Bowyer and
Rachel Panter.
STAFF LISTS 1,2,3 &4
11. Staff List 1 (WITN11150101) comprises a list of Old CK Staff by department,
with additional columns detailing the grade, office, qualifications, supervisors
and resident directors for each member of staff/department. The departments
are listed as Nottingham Crime, Leicester Crime, Derby Crime, Business
Defence, Immigration, Mental Health, Higher Courts, Child Care/Family and
Administration.
12. Staff List 2 (WITN11150102) appears to be an updated version of Staff List
14, but only includes members of the various crime departments. In addition
to the departments listed in Staff List 1, there are Birmingham Crime,
Sheffield Crime, Chambers and Milton Keynes Crime.
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13. Staff List 3 (WITN11150103) comprises a list of Old CK staff in alphabetical
order with additional columns detailing the department, office, grade and job
title for each member of staff, with a final column identifying if the individual
concemed is a Higher Court Advocate (“HCA’”) or barrister. The departments
are listed as Admin, Civil, Crime Unlimited, Divorce & Financial Remedy,
Family and Professional Discipline.
14, Staff List 4 (WITN11150104) also comprises a list of Old CK staff in
alphabetical order and includes the same columns as Staff List 3, plus
columns detailing the title, start date and admission date for each member of
staff. The title column includes the letters A, SA and D against certain
members of staff. Whilst there is no Key to define these titles, I have worked
on the basis that the titles are Associate, Senior Associate and Director. The
departments remain as with Staff List 3, but with the addition of Employment.
Crime Unlimited is however further defined as Crime Unlimited (Crime,
HCA/Crown Court/Business Defence/Motoring/Road Haulage etc).
CHARTS 1 & 2
15. Charts 1 & 2 (WITN11150105 and WITN11150106 respectively) both
comprise a list of Administration Staff and Management with some limited
detail of their roles. Chart 1 was created in the latter part of 2013.
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OD SPEC
16. The OD Spec document (WITN11150107) was created in May 2013 and lists
the following specifics or responsibilities that apply to the role to all Central
Operational Directors (“OD”). Andy Cash and Mark Hopwell are listed as
Central ODs for Crime:
a) Develop yearly department budget and agree with MD.
b) Own the budget and deliver it in terms of turnover, cost, margin, & cash.
c) Explain monthly variances in the above areas
d) Report back monthly to the MD on department performance & variances
from budget. Also provide strategies to remedy adverse variance by
department and fee-earner.
e) Aim to move all staff to the high efficiency / high time box per mgt
accounts
f) Manage underperformers per the ‘performance management’ protocol
(updated version April 13’)
g) Assess resource in your departments on a regular basis and act
accordingly
h) Work on any personnel issues with the HR Director (where appropriate)
i) Apply resource across department (and beyond) efficiently.
j) Ensure all billing is timely and accurate
k) Ensure fee-earners are managing case loads efficiently
!) Develop (along with IT Director) systems within the department
m) Fully utilise work flows
n) Work with marketing support to grow your departments turnover
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©) Encourage your teams to market your departments
p) Regularly visit your staff / offices and talk to your teams
q) Deliver a suitable culture in your teams
r) Ensure work done is of the quality expected by CK, the client, and other
shareholders (LSC for example)
s) Ensure work is done as efficiently and quickly as possible
t) Identify training needs and liaise with the HR director accordingly
ANDY CASH
17.In Staff List 1 (WITN11150101) Andy Cash is recorded as grade SS (which
is defined as Solicitor or Barrister) and a member of the Derby Crime
department, with supervisory responsibilities within that department and the
Nottingham Crime department. Andy Cash is also listed within this document
as being the sole resident director of the Derby and Nottingham Crime
departments and joint resident director of the Leicester Crime department
and the Business Defence teams in Birmingham and Sheffield.
18.In Staff List 2 (WITN11150102) Andy Cash is recorded as grade SS and a
member of the Derby Crime department, with supervisory responsibilities
within that department. Andy Cash is not listed as having any supervisory
responsibilities outside the Derby Crime department and is recorded as being
the joint resident director of the Derby Crime department, alongside Mark
Hopwell.
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19.In Staff List 3 (WITN11150103) Andy Cash is recorded as a Crime Solicitor
and member of the Crime Unlimited department at the Derby Office.
20, Staff List 4 (WITN1115014) contains the same information for Andy Cash as
Staff List 3 but with the addition of the title column, which records him as D
(presumed to stand for Director).
21.In Charts 1 & 2 (WITN11150105 and WITN11150106) Andy Cash is listed
under the heading CK Management as Special Services OD for
Prosecutions. In Chart 1 Mark Hopwell is listed as the Central OD for Crime
Unlimited, HCA & Prison Law. In Chart 2 Mark Hopwell is listed as the Central
OD for Crime.
MARTIN SMITH
22. \n Staff List 1 (WITN11150101) Martin Smith is recorded as grade SS anda
member of the Derby Crime department, with his supervisor being recorded
as S (the Key to the document does not include a definition of S). Martin
Smith is recorded as being the supervisor to two paralegals and his resident
director is recorded as being Andy Cash.
23. Staff List 2 (WITN11150102) holds the same details for Martin Smith as Staff
List 1, except that he is not recorded a holding any supervisory
responsibilities and his resident directors are recorded as Andy Cash and
Mark Hopwell.
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24. In Staff List 3 (WITN11150103) Martin Smith is recorded as a Crime Solicitor
and HCA and member of the Crime Unlimited department at the Derby Office.
25. Staff List 4 (WITN11150104) contains the same information for Martin Smith
as Staff List 2 but with the addition of the title column, which records him as
SA, (presumed to stand for Senior Associate).
26.Martin Smith does not appear in Chart 1 or 2.
ANDREW BOLC
27.\n Staff List 1 (WITN11150101) Andrew Bolc is recorded as grade SS and a
member of the Leicester Crime department, with his supervisor being
I recorded as S. Andrew Bolc is not recorded as having any supervisory
responsibilities and his resident directors are recorded as Andy Cash and
Imogen Cox. In Charts 1 & 2 (WITN11150105 and WITN11150106) Imogen
Cox is listed under the heading CK Management as Special Services OD for
Road Traffic.
28. Staff List 2 (WITN11150102) holds the same details for Andrew Bolc as Staff
List 1, except that his resident directors are recorded as Imogen Cox and
Mark Hopwell.
29. In Staff List 3 (WITN11150103) Andrew Bolc is recorded as a Crime Solicitor
and HCA and member of the Crime Unlimited department at the Leicester
Office.
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30. Staff List 4 (WITN11150104) contains the same information for Andrew Bolc
as Staff List 3 but with the addition of the title column, which records him as
SA, (presumed to stand for Senior Associate).
31.Andrew Bolc does not appear in Chart 1 or 2.
SIMON CLARKE
32. In Staff List 1 (WITN11150101) Simon Clarke is recorded as grade SS anda
member of the Higher Courts department at the Nottingham Office, with his
supervisor being recorded as S. Simon Clarke is not recorded as having any
supervisory responsibilities and his resident director is recorded as Steve
Gelsthorpe. In Charts 1 & 2 (WITN1115010 and WITN11150106) Steve
Gelsthorpe is listed under the heading CK Management as Quality Director,
COLP and member of the Strategy Board.
33. In Staff List 2 (WITN11150102) Simon Clarke is recorded as grade SS anda
member of the Chambers department at the Derby Office. He is not recorded
as holding any supervisory responsibilities, but his name does appear in bold,
which denotes him as a director, albeit he does not appear to be a resident
director for any department/office, his resident director being recorded as
Alwyn Jones and Mark Hopwell. Alwyn Jones does not appear in Charts 1 or
2.
34. In Staff List 3 (WITN11150103) Simon Clarke is recorded as a Crime Barrister
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and member of the Crime Unlimited department at the Nottingham Office.
35. Staff List 4 (WITN1 1150104) contains the same information for Simon Clarke
as Staff List 3 but with the addition of the title column, which records him as
D, (presumed to stand for Director).
36.Simon Clarke does not appear in Chart 1 or 2.
HARRY BOWYER
37. In Staff List 1 (WITN11150101) Harry Bowyer is recorded as grade SS anda
member of the Higher Courts department at the Nottingham Office, with his
supervisor being recorded as S. Harry Bowyer is not recorded as having any
supervisory responsibilities, although his name does appear in bold, which
denotes him as a director, albeit he does not appear to be a resident director
for any department/office, his resident director being recorded as Steve
Gelsthorpe.
38. Staff List 2 (WITN11150102) holds the same details for Harry Bowyer as Staff
List 1, except that his resident directors are recorded as Alwyn Jones and
Mark Hopwell.
39.In Staff List 3 (WITN11150103) Harry Bowyer is recorded as a Crime
Barrister and member of the Crime Unlimited department at the Nottingham
Office.
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40. Staff List 4 (WITN11150104) contains the same information for Harry Bowyer
as Staff List 3 but with the addition of the title column, which records him as
D (presumed to stand for Director).
41.Harry Bowyer does not appear in Chart 1 or 2.
RACHEL PANTER
42.IIn Staff List 1 (WITN11150101) Rachel Panter is recorded as grade PL
(which is defined as Para legal [sic] clerk) and a member of the Nottingham
Crime department, with her supervisor and resident director being recorded
as Andy Cash.
43.Rachel Panter does not appear in any of the other documents. It appears
from historic payroll records, that she left Old CK in August 2013.
REPORTING 1, 2 & 3
44.Reporting 1, 2 & 3 (WITN11150108, WITN11150109 and WITN11150110
respectively) were created in May 2015 with Reporting 1 being the earliest
version and Reporting 3 being the latest. I have dealt with these documents
separately as they present a slightly confused picture of in terms of the
information they hold.
45. The documents comprise a list of staff and include columns recording the OD
and Head of Department (“HD”) for each member of staff.
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46.Reporting 1 and 2 (WITN11150108 and WITN11150109) record Mark
Hopwell as being the OD for Harry Bowyer, Andrew Bolc and Martin Smith.
Alwyn Jones is recorded as being Harry Bowyer’s HD, Imogen Cox is
Recorded as being Andrew Bolc’s HD and Simon Clarke is recorded as being
Martin Smith’s HD. No OD or HD is recorded for either Andy Cash or Simon
Clark.
47.Reporting 3 (WITN11150110) records Mark Hopwell as being the OD and
HD for Andy Cash, Harry Bowyer and Andrew Bolc and the OD for Martin
Smith. Martin Smith’s HD is recorded as being Simon Clarke. No OD or HD
is recorded for Simon Clarke.
Statement of Truth
I believe the content of this statement to be true.
Signed:
Dated; 2.7 [oz ror
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Index to First Witness Statement of Matthew Shiels
(‘Reporting 3”)
No. URN Document Description Control
number
1 WITN11150101 I Staff List Location & Supervision I WITN11150101
V2 March 2012 (“Staff List 1”)
2 I WITN11150102 I Copy of Staff List Location & WITN11150102
Supervision Crime October
2014 (“Staff List 2”)
3 WITN11150103 I Staff List - Roles & WITN11150103
Departments @ 31.10.14 (“Staff
List 3”)
4 WITN11150104 I Staff List - Roles & WITN11150104
Departments @ 12.1.15 (“Staff
List 4”)
5 I WITN11150105 I CK Admin Roles & Management I WITN11150105 I
Chart (“Chart 1”)
6 WITN11150106 I CK Admin Roles & Management I WITN11150106
Chart 07.10.14 (“Chart 2”) I
I
7 WITN11150107 I Operational Director — Role WITN11150107 I
Specifics (‘OD Spec”)
\8 WITN11150108 I Copy of Staff Reporting List — WITN11150108
I crime (“Reporting 1”)
I
9 I WITN11150109 I Staff Reporting List (Reporting I WITN11150109
2’)
I
10 I WITN11150110 I Staff Reporting List @ 14.05.15 I WITN11150110
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