WITN10410100 Frederick Leslie Thorpe – Witness Statement

Evidence on official site

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Witness Name: Frederick Leslie Thorpe

Statement No.:
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Dated: 22 December 2023

POST OFFICE HORIZON INQUIRY

FIRST WITNESS STATEMENT OF FREDERICK LESLIE THORPE

I, Frederick Leslie Thorpe, will say as follows:

INTRODUCTION

1. lam a former employee of Post Office Counters Ltd, I retired in January 2003,
and held the position of Investigation Manager, Team Leader.

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 27 November
2022 (the “Request”). “In addition to the request for a statementl have been
provided by the Inquiry with a number of documents, which I have read. I list these

documents in the annex to the statement.”

BACKGROUND

I have been asked to provide details of my Post Office career.
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3. 1976 to 1979, self employed as a subpostmaster managing a small retail shop
and SubPost Office.

4. 1979 to 1982, employed by the Post Office as a counter clerk, serving
members of the public with the full range of Post Office services.

5. 1982 to 1984, promoted to manager of Hartlepool Branch Post Office,
managing and supervising counter clerks, who were responsible for serving
members of the public.

6. 1984 to 1987, became manager of Counter Remitting Unit, Middlesbrough.
Responsible for staff management, overseeing the preparation of cash and stock for
delivery to Post Offices within the Post Office network in the Teesside, North
Yorkshire and County Durham area.

7. 1987 to 1990, Audit Manager, responsible for a small team, conducting cash
and stock audits of Post Offices, both Sub Post Offices and directly managed Branch
Post Offices in the Teesside, North Yorkshire and County Durham areas.

8. 1990 to 1993 I was promoted to District Audit Manager for the Newcastle
upon Tyne District. I was responsible for managing all District Audit Teams,
preparing annual audit programme liaising with retail network managers and security
managers

9. 1993 to 1995, following a Post Office reorganisation, I became Security and
Investigation Manager, based in Leeds responsible for the north east area of
England. I would advise on physical security and givae security advice.

10. 1996 to 2003 (January), a vacancy for an investigation manager arose, the
existing manager having transferred to Royal Mail. At this time, following the
disbanding of the Post Office Investigation Department (POID), almost all

investigators were ex-POID; there was nobody suitably qualified to fill the vacancy. I
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was asked if, subject to achieving the required standard, I would be interested in
filling the vacancy. I agreed. I believe I was the first person to be recruited as an
investigator, since the disbanding of POID. To ensure my suitability, I was
interviewed by the former head of POID and then a psychiatrist, for a psychiatric
evaluation.

11. No formal training courses were available at this time so it was arranged for
special training to be delivered by the training team at Security and Investig\tion
Service (SIS), Impact House, Croydon. The course programme lasted several
weeks and covered; investigation techniques, interview techniques, interviews under
caution, compliance with PACE 1984, interviews of witnesses, taking witness
statements, search awareness, report writing, preparation of prosecution files,
reference to legislation regarding dishonesty (Theft Act 1968). The course was partly
classroom based, but also included the opportunities to shadow established
investigators, as an observer, eventually opening the interview, following the
progress of the cases from beginning to end. This training was periodically
reinforced with refresher training, for the investigation community. Once trained I
was mentored and shadowed by an experienced investigator who assessed my
suitability and performance. At times I would sit in on interviews, as an observer, at
the end of the interview I would give feedback to the interviewer.

12. Asa team we held monthly meetings to discuss new legislation, work load,
case development, training and other issues arising from investigation work. The
team members would also attend periodic training arranged by the central Security
and Investigation Team. Training topics covered; Investigation Awareness,
InvestigationTechniques standard and advanced, Search Awareness, Audit and

Investigator (Horizon). Periodic team leader meetings were held.
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13. In 2000, following the retirement of the two officers involved with
investigations in Scotland and Northern Ireland, I became responsible for Scotland
and Northern Ireland. I also had a limited involvement with Post Offices in the north
east of England.

SECURITY and INVESTIGATION MANAGER ROLE

14. I managed a team of four investigation managers, one based in Newcastle
upon Tyne, two based in Scotland, Glasgow and Perth and one based in Belfast,
Northern Ireland.

15. The rules regarding case management and preparation had recently changed
in Northern Ireland, prior to 2001 investigation cases in Northern Ireland were
forwarded directly to the Director of Public Prosecutions, the Post Office was classed
as a statutory corporation and investigation cases could be submitted directly to the
Director of Public Prosecutions. Following a change of status in 2001 PO Counters
became POLtd, a public limited company, and no longer recognized as a public
corporation, a consequence of this change was that for prosecution advice all cases
had to be submitted to the respective PSNI district rather than directly to the DPP.
Investigations within Northern Ireland were submitted to the relevant Police Service
of Northern Ireland district where the alleged offence took place. The PSNI would
then advise whether they considered the case had merit, assess the evidence and
prepare a prosecution file, if considered appropriate, for submission to the Public
Prosecution Service NI. The Post Office investigation manager would be actively
involved in assisting PSNI officers to progress the case, providing information,
evidence as required. There was a steep learning curve for Suzanne Winter,
investigation manager, and myself as there were no formal training courses

available. Progressing cases at first was difficult as the PSNI was not used to
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dealing with Post Office accounting cases. After a number of meetings with PSNI
officers a process was developed. Suzanne Winter became the primary contact
between PSNI and the Post Office.

16. Ona day to day basis I would discuss casework progress with each
investigation manager. Where information, regarding accounting or other
irregularities, was received, the case would be allocated to an investigation manager
who would assess the facts of the case, collect any evidence. I would discuss the
facts of the case with the respective investigation manager. Once evidence was
collected and the merits of the allegations assessed an initial decision would be
made as to whether the case could be dealt with as a disciplinary matter or
forwarded for prosecution advice. Where it was decided that the matter could be
dealt with as a disciplinary issue the circumstances would be discussed with the
respective retail network manager. They would be responsible for any disciplinary
action required and progressing a claim to recover funds, if necessary.

17.  Incircumstances where criminality was suspected, a casefile would be raised
and the case allocated to a named investigation manager. Investigators in the Team
were Raymond Grant (Perth), Shirley Stockdale (Glasgow), both very experienced
investigators, Shirley Stockdale was ex-police, Suzanne Winter (Belfast) highly
trained and experienced investigator, Tony Robertson (Newcastle upon Tyne) least
experienced investigator, whose performance was regularly monitored. The
investigation manager would liaise with other departments, where necessary, to
request further information. Most common departments involved would be Post
Office Audit (irregularities identified during a routine audit), the Department for Works

and Pensions, (Pension and Allowance irregularities), Department of Works and
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Pensions Investigators (assist in investigating allegations made directly to DWP.
Investigators), National Savings, Girobank, (suppression of Girobank inpayments) .
18. Information regarding the alleged irregularities would be gathered, usually
from external sources, from retail network managers, from auditors. At the time of
my involvement it was not common practice to contact Horizon. Permission where
necessary would be requested, from the respective departments to intercept
pouches (paid pensions and allowances), or document envelopes, containing
transaction documents, for local scrutiny. The most common documents intercepted
were paid pension and allowance vouchers. These documents would be checked,
locally, by an investigation manager and investigation team support staff. The
investigation manager would prepare a schedule of all identified irregularities.
SPECIAL AUDIT or SCHEDULED AUDIT

19. I Where the pattern of irregularities suggested deliberate action, rather than
error, then the district audit manager would be contacted and a special audit of the
accounts of the Post Office under suspicion requested. Special investigation audits
were arranged for a Thursday morning, this being the day following the declared
weekly balance. On arrival at the office the office staff would collect the auditor and
investigators pass card and contact the Helpline to validate the identity of both
auditors and investigators. On initial entry the investigation manager would
introduce themselves and explain why the audit had been arranged. The
investigator would further explain that following the audit the Subpostmaster or staff
from a directly managed branch office would be invited to attend a formal interview,
under caution. They would also be advised that they could take legal advice
regarding the interview and have a legal representative or friend,usually a federation

representative or union representative, present during the interview.
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20. Where accounting discrepancies were identified during a scheduled audit, the
first point of contact by the auditors, would usually be the respective retail network
manager. The retail network manager (RNM) would decide upon a course of action
which may or not involve the investigation team. Where the RNM decided to deal
with the matter as a disciplinary issue they would be responsible for pursuing any
recovery of funds. In cases where criminality was suspected the retail network
manager would usually contact the investigation team, for advice and or action. If
necessary a formal interview, under caution, would be arranged. Based on the facts
of the case and the evidence available as team leader, I would decide whether to
submit the case for prosecution advice, England, Post Office Legal Services if
prosecution was advised I would discuss it with my line manager. In Scotland and
Northern Ireland cases were referred to the Procurator Fiscal who would decide on
what action to take without further consultation with the Post Office Ltd managers. In
Northern Ireland cases were submitted, initially, to the Police Service of Northern
Ireland and ultimately to the Public Prosecution Service NI. Post Office Ltd had no
control or input into decisions to prosecute or not. The case could be returned to
the RNM for disciplinary action, I do not know what process an RNM would follow.
INTERVIEWS AND INVESTIGATIONS

21. Being a small team, as team leader, I was actively involved with the interviews
of those accused of alleged criminal offences. I would conduct interviews as the
lead investigator but I would also take part in interviews as a second officer. All of
the team were experienced at conducting suspect offender interviews. I cannot be
certain as to how many interviews each investigator had conducted but on average it
would have been between one and two a month. Personally I have conducted in

excess of one hundred suspect offender interviews, I cannot be specific about the
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actual number The circumstances and location of the case would dictate which role I
would follow.

22. Investigation interviews, in England, were recorded on tape. In Scotland and
Northern Ireland up until 2001 all interviews were recorded in writing, as Notes of
Interview. From mid 2001 authority was given to record all interviews in Scotland and
Northern Ireland on tape.

23. — All investigations and interviews in England were conducted under the rules
set out in PACE 1984. In Northern Ireland all investigations and interviews followed
the rules set out in P&CE Order Northern Ireland 1989. In Scotland all investigations
and interviews were conducted under the rules of the Criminal Procedure (Scotland)
Act 1995.

PROSECUTION FILE

24. Once an investigation was completed, a decision would be made as to how
the matter would be dealt with either as a discipline issue, actioned by the RNM or
be submitted to the appropriate authority for prosecution advice, (Post Office Legal
Service, England) (Procurator Fiscal, Scotland), (Police Service of Northern Ireland
who would forwarded it to Public Prosecution Service NI) for advice on prosecution.
The lead investigator in each case would be responsible for preparing the
prosecution file, gathering the evidence, collecting witness statements, collating all
relevant material and preparing a disclosure file. Being a small team each
investigator would be responsible for preparing the prosecution file and listing a
schedule of unused material. As team leader I would oversee prosecution case
preparation. The case papers would in England, be submitted to Post Office Legal

Services for advice and the sufficiency of evidence.
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25. Investigation in Scotland case files were submitted to one of 49 area
Procurator Fiscals, responsible for the location where the alleged offence took place.
The Procurator Fiscal would assess the evidence, request additional evidence,
where necessary, and make a decision as to whether to prosecute and charge the
suspect offender. Investigations and submission for prosecution, to the respective
Procurator Fiscal, were the responsibility of myself, Raymond Grant, (Perth), or
Shirley Stockdale, (Glasgow).

26. In Scotland and Northern Ireland the decision to prosecute, and the charge,
was made by the Procurator Fiscal, Scotland and Public Prosecution Service,
Northern Ireland, respectively. Post Office Ltd investigators, other than providing
evidence and support, had no input in the prosecution decision. The decision as to
the charge would be that of the PF (Scotland) or PPS, NI, (Northern Ireland)

27. Suzanne Winter (Belfast) was the investigation manager responsible for
investigations in Northern Ireland, and all submissions and liaison with the PSNI.
28. I was not involved in disciplinary matters for either Subpostmaster, their staff
or Branch Office staff. The retail network manager responsible for the outlet, under
investigation, would be informed of the outcome of the audit and any subsequent
investigation. Based on the evidence presented, the retail network manager would
decide upon whatever course of action they considered appropriate.

29. Regarding the recovery of funds through litigation, I was not involved, it was
dealt with centrally by a department within the central Security and Investigation
team. I had no direct dealings with civil litigation.

30. I cannot comment on many of the policy changes which came into force after

January 2003, as I was no longer employed by Post Office Counters Ltd.
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HORIZON

31. During 1999 Post Office Ltd began a programme to install a computerised
accounting system into Post Offices, the system is called Horizon. At this time the
Horizon system was being introduced into Sub-Post Offices, Branch Offices used a
different computerised accounting system ECCO, I cannot recall what the initials
ECCO stand for. The Horizon installation programme was such that investigations
could involve Horizon, or the paper based accounting system (being phased out by
Horizon) or the Branch Office ECCO system. In the limited time that I was involved
with Horizon I had no knowledge of any problems with the accuracy of the Horizon
system.

PROSECUTION of ALAN McLOUGHLIN

32. In respect of the prosecution of ALAN McLOUGHLIN I can confirm; that I have
limited knowledge of this case, apart from an entry in my official notebook “see
WITN10410101” and recent sight of the tape transcript. The case was initiated by a
report from the Paid Order Unit Lisahally, Northern Ireland, regarding overclaims in
the paid pension and allowance foils submitted by Brookfield SPSO. The normal
procedure in cases of this type would be to allocate it to an investigation manager
who would arrange to intercept the paid pension and allowances and check them
locally. A schedule would be prepared listing any irregularities identified. The
checking and preparation of the schedule would have been undertaken by Suzanne
Winter, investigation manager, Belfast and support staff, if available. A significant
number of irregularities were identified suggesting that they were not the result of
error but deliberate action.

33. Once a pattern was established, a special audit of Brookfield SPSO was

arranged. I accompanied Suzanne Winter, investigator, and members of a Post

10
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Office network audit team to Brookfield SPSO, Belfast on Thursday 26/07/2001. At
this audit and subsequent interview I assisted Suzanne Winter as second officer.
The audit and subsequent interview had been arranged following a number of
irregularities, being identified in the value of paid Pension and Allowance claimed in
the accounts of Brookfield Sub Post Office. During the audit the paid pension and
allowance foils on hand were checked, errors were found. Some Pension and
Allowance foils were listed but no actual foils were present. At the conclusion of the
audit Alan McLoughlin was invited to attend a formal interview with Suzanne Winter
and myself. Alan McLoughlin was advised of his legal rights and formally cautioned.
He declined the presence of a solicitor or access to legal advice. He requested the
presence of his mother Margaret McLoughlin, as a friend, she attended the interview.
34. During the course of the interview Alan McLoughlin made admissions that for
a period of about seven months he had been altering the cash on hand figure
recorded in the Post Office accounts to show acceptable discrepancies. He further
admitted that he had allowed errors in the value of paid pensions and allowances to
be submitted without correction, to help the account. At the conclusion of the
interview Alan McLoughlin was suspended from duty by Aiden McNeill, Retail
Network Manager. Having read the tape transcripts of the interview with Alan
McLoughlin he briefly mentioned Horizon but did not suggest or have concerns about
the reliability of the Horizon system which could have contributed to the accounting
irregularities identified. The discrepancies identified as part of the investigation could
not be attributed to failings of the Horizon system. He admitted that pension and
allowance irregularities went unchecked and also admitted that he adjusted the cash

on hand figure, in the Post Office account, to show an acceptable balance.

11
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35. It would have been normal procedure for me to liaise with Suzanne Winter
regarding the preparation of this case and the subsequent transfer of all case
material and disclosures to the PSNI. Based on their assessment of the evidence
the PSNI would submit the case to Public Prosecution Service NI for a prosecution
decision. I have had no contact with Alan McLoughlin since the date of the interview,
26/07/2001. PSNI had not progressed this case prior to my leaving the Post Office
service, in January 2003. However, I have now seen documents relating to the
conviction and subsequent appeal of Alan McLoughlin.

36. Brookfield SPSO was one of the first offices in Northern Ireland, to have the
Horizon system installed, September 1999. At this time, or prior to the investigation
of accounting irregularities at Brookfield, was I not aware of any problems with the
operation of Horizon.

37. Alan McLoughlin’s application to the Court of Appeal cites the Horizon system
as being at fault by generating errors. During the interview Mr McLoughlin admitted
falsifying the Post Office accounts by not correcting pension and allowance errors
and adjusting the cash on hand figure to show an acceptable balance. He made
only a brief reference to the Horizon system but did not suggest that the system was
in any way responsible for the errors identified.

PROSECUTION of MAUREEN McKELVEY

38. In respect of the prosecution of MAUREEN McKELVEY I can confirm; that I
have limited knowledge of this case. By reference to an entry in my official notebook
“see WITN1041002”, made on the day of the interview, 04/04/2002, with Maureen
McKelvey. I accompanied Suzanne Winter, investigation manager, and members of a
Post Office network audit team to Clanabogan SPSO, Omagh. The audit and

subsequent interview had been arranged following a number of irregularities,

12
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Pension and Allowance overclaims, being identified in the accounts of Clanabogan
Sub Post Office, Omagh. Mrs MCKelvey was advised that following the audit she
would be invited to attend a formal interview, under caution, she was further advised
of her legal rights. Mrs McKelvey contacted her solicitor at Patrick Fahy and Co,
Omagh arrangements were made to hold the interview in the offices of Patrick Fahy
at 11:00 on Thursday 04/04/2002. Mrs McKelvey’s solicitor, Steven Atherton, was
present during the interview. Mrs McKelvey made no admissions. A second
interview with Maureen McKelvey was held in the presence of her solicitor, Steven
Atherton, on the 27/05/2002. Maureen McKelvey, made no admissions.

39. I have now seen case papers relating to this case but not the interview tape
transcripts. By reference to the case papers I noted that Suzanne Winter arranged
for a pouch containing paid Pension and Allowance foils to be opened and checked
in the presence of Mrs McKelvey and her solicitor Steven Atherton. Errors similar to
those identified during the investigation were identified.

40. It would have been normal procedure for me to liaise with Suzanne Winter
regarding the preparation of this case and its subsequent transfer to the PSNI. I had
no further contact with Maureen McKelvey. PSNI had not progressed this case prior
to my leaving the Post Office service. However, I have now seen documents
regarding the prosecution of Maureen McKelvey. I had no involvement in the
prosecution process; all action was taken by the PSNI, with assistance from Post
Office investigation manager Suzanne Winter in the prosecution of Maureen

McKelvey.

13
Statement of truth

I believe the content of this statement to be true.

Dated:

22 Deconlsl 2023

ANNEX

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Document Description

URN

Control Number

Casework Management Policy
(version 1.0, March 2000)

POL00104747

POL-0080387

Casework Management Policy
(version 4.0, October 2002)

POL00104777

POL-0080417

Rules and Standards Policy (version
2.0, October 2000)

POL00104754

POL-0080394

Investigation Procedures Policy
(version 2.0, January 2001)

POL00030687

POL-0027169

Disclosure Of Unused Material,
Criminal Procedures and
Investigations Act 1996 Codes of
Practice Policy (version 1.0, May
2001)

POL00104762

POL-0080402

Security Managers’ Guide to the
Prosecution Support Office (May
2001) (see paragraphs 6 and 33)

POL00121455

POL-0127718

Royal Mail Group Security —
Procedures & Standards — Arrest
Procedures (Version 2.0, May 2001)
(in particular paragraph 3.15)

POL00104760

POL-0080400

Appendix 3 of Investigation Policy
“Notes of Interview - Northern
Ireland (Version 5.0, November
2002)

POL00039952

POL-0036434

Royal Mail Group Security —
Procedures & Standards = —
Searching” (September 2006) (see
paragraph 2.3 in particular)

POL00094163

POL-0094286

10.

Police and Criminal Evidence
(Northern Ireland) Order 1989 (1
March 2007)

POL00121591

POL-0127853

14
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WITN10410100

11.

Royal Mail Group Ltd Criminal
Investigation and Prosecution Policy
(1 December 2007)

POL00030578

POL-0027060

12.

Royal Mail Group Ltd Criminal
Investigation and Prosecution Policy
(1 December 2007) with a variation
on the title (see in particular section
3)

POL00104812

POL-0080444

13.

Royal Mail Group Security -
Procedures & Standards - Standards
of Behaviour and Complaints
Procedure (version 2, October 2007)

POL00104806

POL-0080438

14.

Royal Mail Group - An Inspection of
the Royal Mail Group Crime
Investigations Function’(July 2008)

POL00121607

POL-0127869

15.

Royal Mail Group Crime and
Investigation Policy (version 1.1,
October 2009)

POL00031003

POL-0027485

16.

Post Office Ltd - Security Policy -
Fraud Investigation and Prosecution
Policy (version 2, 4 April 2010)

POL00030580

POL-0027062

17.

Post Office Ltd Financial
Investigation Policy" (4 May 2010)

POL00030579

POL-0027061

18.

Royal Mail Group Security -
Procedures & Standards - The
Proceeds of Crime Act 2002 &
Financial Investigations (version 1,
September 2010)

POL00026573

POL-0023214

19.

Royal Mail Group Security -
Procedures & Standards - Initiating
Investigations (September 2010)

POL00104857

POL-0080489

20.

Royal Mail Group Ltd Criminal
Investigation and Prosecution Policy
(version 1.1, November 2010)

POL00031008

POL-0027490

21.

Post Office Ltd Financial
Investigation Policy (version 2,
February 2011)

POL00104853

POL-0080485

22.

Post Office Ltd Anti-Fraud Policy
(February 2011)

POL00104855

POL-0080487

23.

Royal Mail Group Policy Crime and
Investigation S2 (version 3.0, April
2011)

POL00030786

POL-0027268

24.

Royal Mail Internal Information
Criminal Investigation Team-
Casefile I Construction England,
Wales and Northern Ireland (Version
1.0, June 2011)

POL00104877

POL-0080509

25.

Royal Mail Internal Information
Criminal Investigation Team = -
Appendix 1 to 8.2 Suspect Offender
Reports, Preamble Guide, England,
Wales and Northern Ireland (Version
1.0, June 2011)

POL00104879

POL-0080511

15
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WITN10410100

26.

Royal Mail Internal Information
Criminal Investigation Team — 8.2
Guide to the preparation of suspect
offender reports, England, Wales
and Northern Ireland (Version 1.0,
June 2011)

POL00104881

POL-0080513

27.

Royal Mail Internal Information -
Casework Management and PSO
Products and Services (Version 1.0,
June 2011) (particularly paragraph
9.3);

POL00104888

POL-0080520

28.

Post Office Prosecution Policy
(version 1.0, 1 April 2012)
paragraphs 4.3 and 4.4

POL00031034

POL-0027516

29.

Post Office Ltd PNC Security
Operating Procedures (August 2012)

POL00105229

POL-0080854

30.

Post Office Limited: Internal Protocol
for Criminal Investigation and
Enforcement (with flowchart)
(October 2012)

POL00104929

POL-0080561

31.

Undated Appendix 1 - POL Criminal
Investigations and Enforcement
Procedure (flowchart) (October
2012)

POL00105226

POL-0080851

32.

The undated document entitled “POL
— Enforcement & Prosecution Policy”

POL00104968

POL-0080600

33.

Post Office Limited: Criminal
Enforcement and Prosecution Policy
(undated)

POL00030602

POL-0027084

Conduct of Criminal Investigations
Policy (version 0.2, 29 August 2013)

POL00031005

POL-0027487

35.

Post Office Prosecution Policy
England and Wales (1 November
2013) (in particular paragraph 1.2);

POLO0030686

POL-0027168

36.

Conduct of Criminal Investigations
Policy (version 3, 10 February 2014)

POL00027863

POL-0024504

37.

Conduct of Criminal Investigations
Policy (September 2018)

POL00030902

POL-0027384

38.

Condensed Guide for Audit
Attendance (version 2, October
2008)

POL00104821

POL-0080453

39.

Section 7 of Audit Process Manual -
Chapter 3 - Performing a Branch
Audit - v1.2.0

POL00085977

POL-0083035

40.

Email from Ruth Robinson

To: po_security_community

Re: Corporate Security Newsbrief
Issue 22

POL00121467

POL-0127730

4.

Email chain from Ruth Robinson

To: Po_security_community

Re: Corporate Security Newsbrief
Issue 28

POL00121485

POL-0127748

16
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42.

Email from Dave Posnett to Helen
Dickinson, Andrew Daley, Keith
Gilchrist and others.

Re: Cartwright Training Day in
Birmingham change of start time

POL00129311

POL-0135205

43.

Email - Investigation Circular 4 -
2011: Police Bail under the Police
and Criminal Evidence Act 1984,
Mandatory Reading for all Royal Mail
Group Security (Investigations)

POL00158977

POL-0147056

44.

Royal Mail Security Investigation
Circular 4-2011: Police Bail under
the Police and Criminal Evidence Act
1984

POL00158978

POL-0147057

45.

David Posnett’s email dated 23 May
2011

POL00118096

VIS00012685

46.

Appendix 1 - Case Compliance
checklist

(Attachment to David Posnett’s email
dated 23 May 2011, compliance zip
file)

POL00118108

VIS00012697

47.

Appendix 2 - File construction and
Appendixes A, Band C:
"Compliance Guide: Preparation and
Layout of Investigation Red Label
Case Files"

(Attachment to David Posnett’s email
dated 23 May 2011, compliance zip
file)

POL00118109

VIS00012698

48.

Appendix 3 - Offender reports and
Discipline reports: "Compliance
Guide to the Preparation and Layout
of Investigation Red Label Case
Files" - undated (date taken from
parent email)

(Attachment to David Posnett’s email
dated 23 May 2011, compliance zip
file)

POL00118101

VIS00012690

49.

Appendix 4 - Offender reports layout:
"POL template Offender Report
(Legal Investigation)" - undated (date
taken from parent email)
(Attachment to David Posnett’s email
dated 23 May 2011, compliance zip
file)

POL00118102

VIS00012691

50.

Appendix 5 - Discipline reports
layout: "POL template Offender
Report (Personnel Investigation)" -
undated (date taken from parent
email)

(Attachment to David Posnett’s email
dated 23 May 2011, compliance zip
file)

POL00118103

VIS00012692

17
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51.

Appendix 6 - Identification codes
(undated - date taken from parent
email)

(Attachment to David Posnett’s email
dated 23 May 2011, compliance zip
file)

POLO00118104

VIS00012693

52.

Appendix 7 - Tape Interviews. "POL
Security Operations Team guide:
Summarising of Tape Recorded
Interviews." Undated - date taken
from parent email

(Attachment to David Posnett’s email
dated 23 May 2011, compliance zip
file)

POL00118105

VIS00012694

53.

Appendix 8 - Notebooks: Guidance
on using notebooks in investigations.
Undated (date taken from parent
email)

(Attachment to David Posnett’s email
dated 23 May 2011, compliance zip
file)

POL00118106

VIS00012695

Appendix 9 - Case Progression
Toolkit. Undated (date taken from
parent email)

(Attachment to David Posnett’s email
dated 23 May 2011, compliance zip
file)

POL00118107

VIS00012696

55.

Audit report p176 to p188;

Email from Graham Ward to
Suzanne Winter, dated 22
September 2004 p156;

Statement of complaint p257 to 260;
List of witness statements (which
appear to have been filed at the
same time as the statement of
complaint) p262 to 293 and p312 to
326;

List of exhibits p.367 to 373;

Letter from Richard Gardiner of
McClure Watters, Chartered
Accountants, to John J Rice & Co
Solicitors enclosing his draft report
(dated 22 December 2004) p33 to
65.

AMCLO000031

AMCLO000031

56.

Interview transcript (dated and
undated but presumably 26 July
2001): pages 94 to 125, 126 to 143,
144-171, 172 — 199, 200 — 207.

AMCLO000014

AMCLO000014

57.

Incident log

POLO00113386

POL-0110794

58.

Letter from John J Rice & Co
Solicitors dated 19 April 2004
enclosing the defence statement

AMCLO0000035

AMCLO0000035

59.

Indictment dated 26 April 2004

AMCLO0000034

AMCL0000034

18
WITN10410100
WITN10410100

60.

Case result form

AMCLO0000033

AMCL0000033

61.

Certificate of conviction dated 4
November 2021

AMCLO000036

AMCLO000036

62.

Court of Appeal judgment in R v
McLaughlin

AMCLO000037

AMCLO0000037

63.

Mr McLaughlin’s prepared for the
application to the Court of Appeal in
Northern Ireland

AMCLO000040

AMCLO000040

Call logs pp.19 — 24;

Intervention logs p.6 & pp.15- 18;
Audit report, sent to Ms McKelvey,
dated 29 August 2001 pp.8-11;
Letter from Denise Reid, contract
manager, to Ms McKelvey dated 1
November pp.12-13 and response
from Ms McKelvey p.14;

Letter from Detective Constable
Coyle to the Criminal Justice Unit
dated 2 August enclosing a letter
from J McNally & Co pp.2-4;

Letter from Inspector J McCleery to
the PPS regarding disclosure dated
16 August 2004 p.1.

PNI00000001_071

VIS00013112_071

65.

Record of interview dated 4 April
2002, starting at 11:35 pp.50-66;
Record of interview dated 4 April
2002, starting at 12:22 pp.67-78;
Record of interview dated 27 May
2005, starting at 14:45 pp.79-104;
Statement of complaint p.3;

Notice of intention to request the
court to conduct a_ preliminary
inquiry, dated 7 April 2004 p.1;
Witness statement of Una Kelly
dated 26 September 2002 pp.6-7;

Witness statement of Michael
Scarlett dated 26 September 2002
pp.8-9;

Witness statement of Bernadette
Mellon dated 27 September
pp.10-11;

Witness statement of Glenn

McDonald dated 7 October 2002
pp.12 -13;

Witness statement of Susan Hanna
dated 26 September 2002 pp.14-15;
Witness statement of John McKenny
dated 25 September 2002 p.16;
Witness statement of Kenneth Sharp
dated 7 November 2002 p.17-18;
Witness statement of Robert George
Wallace dated 28 October 2002
pp.19 -20;

PNI00000001_062

VIS00013112_062

19
WITN10410100
WITN10410100

Witness statement of Frederick
Leslie Thorpe dated 25 October
2002 pp.21-22;

Witness statement of Suzanne
Winter dated 14 October 2002
pp.23-25;
Witness statement of Suzanne
Winter dated 15 October 2002
pp.26-28;
Witness statement of Suzanne
Winter dated 17 October 2002
pp.29-30;

Witness statement of Tony Kennedy
dated 23 July 2003 pp.31-36;
Witness statement of Una Kelly
dated 6 January 2004 p37;

Witness statement of Michael
Scarlett dated 8 January 2004
pp.38-39;

Witness statement of Sonia Cassidy
dated 5 January 2004 pp.40-42;
List of exhibits pp.43-48.

66.

Report of Suzanne Winter pp.3-12;
Letter from DS McAuley to the Legal
Registrar confirming there is
sufficient evidence to proceed with
the prosecution dated January 2004
p.1

PNI00000001_082

VIS00013112_082

67.

Letter from the DPP to the Senior
Law Clerk dated 22 March 2004 p.3;
Directions for committal
proceedings, dated 22 March 2002
pp.5-8;

Letter from the DPP to the Chief
Constable dated 29 March 2004 p.4;
Index of witnesses (pp.9-15)

PNI00000001_039

VIS00013112_039

68.

Legal rights form and right to a friend
form, signed by Suzanne Winter and
Ms McKelvey, dated 4 April 2002

PNI00000001_043

VIS00013112_043

69.

Draft Indictment

PNI00000001_057

VIS00013112_057

70.

Indictment

PNI00000001_055

VIS00013112_055

71.

Prosecution brief for the committal
proceedings, dated 20 April 2004

PNI00000001_058

VIS00013112_058

72.

Confirmation of compliance with
primary disclosure dated 20 April
2004

PNI00000001_080

VIS00013112_080

73.

Letter from DPP to John J McNally &
Co dated May 2004 688 enclosing
the letter

PNI00000001_075

VIS00013112_075

74.

Letter from Kevin Shiels to Detective
Constable Coyle dated May 2004
regarding the disclosure of

PNI00000001_076

VIS00013112_076

20
WITN10410100
WITN10410100

prosecution material under section 5
of the CPIA 1996 letter from Claire
Gallagher to John J McNally & Co
dated May 2004 confirming receipt
of the defence statement p.2;

Letter from John J McNally & Co to
the DPP dated 10 May 2004 693
and the enclosed defence statement
pp.3-6.

75.

Letter from Claire Gallagher of the
PPS to Detective Constable Coyle
dated May 2004 (p.1);
Letter from the NI Court Service
listing the case for arraignment
dated 11 May 2004 p.4.

PNI00000001_064

VIS00013112_064

76.

letter from Claire Gallagher of the
PPS to Detective Constable Coyle
dated 12 May 2004

PNI00000001_063

VIS00013112_063

77.

Letter from DC Coyle to the DI of
Omagh Police Station dated 21 May
2004 pp.2-3 letter from Kevin Shiels
to John J McNally & Co dated 15
June 2004 regarding disclosure
under section 7 CPIA 1996 p.1.

PNI00000001_078

VIS00013112_078

78.

Letter from the DPP to JJ McNally &
Co, dated 15 June 2004;
Schedule of Unused Material p2.

PNI00000001_037

VIS00013112_037

79.

Note of the discussion between
Suzanne Winter and Rosemary
Curran of POL regarding the
accounting system on 23 June 2004
pp.7-12;

Letter from Goldblatt McGuigan,
chartered accountants, to Suzanne
Winter dated 23 July 2004 pp.4-6;
Letter from Omagh Crown Court
Office listing the case for trial, dated
6 August 2004 p.1.

PNI00000001_072

VIS00013112_072

80.

Letter from John J McNally & Co to
Detective Constable Coyle dated 22
July 2004 seeking secondary
disclosure

PNI00000001_073

VIS00013112_073

81.

Letter from Brian Curran of the DPP
to John J McNally & Co dated 27
July 2004

PNI00000001_079

VIS00013112_079

82.

Letter from Suzanne Winter to Colin
Coyle of PSNI dated 30 July 2004

PNI00000001_069

VIS00013112_069

83.

Letter from Claire Gallagher of the
PPS to Detective Constable Coyle
dated 23 August 2004

PNI00000001_067

VIS00013112_067

Letter from Claire Gallagher of the
PPS to prosecution counsel, Mr
McKay, dated 23 August 2004

PNI00000001_068

VIS00013112_068

21
WITN10410100
WITN10410100

85. I Letter from Paul Dale on behalf of I PNIO0000001_070 I VISO0013112_070
the DPP to John J McNally & Co
dated 23 August 2004
86. I Correspondence R v_ Maureen I PNIO0000001_038 I VISO0013112_038
McKelvey
87. I Letter from John J McNally & Co to I PNIO0000001_065 I VISO0013112_065
the DPP dated 7 September 2004
enclosing the medical report
88. I Letter from Charles McKay to the I PNIO0000001_036 I VISO0013112_036
Assistant DPP, dated 6 November
2004 pp.4-5.
89. I Note of the trial PNI00000001_052_I VISO0013112_052
90. I Note of the trial PNI00000001_053 I VISO0013112_053
91. I Witness statement of Tony Kennedy, I PNIO0000001_045 I VISO0013112_045
dated 23 July 2003 pp2-7
92. I Witness statement of Michael I PNIO0000001_050 I VISO0013112_050
Scarlett dated 8 January 2004
pp.2-3.
Witness statement of Una Kelly
dated 6 January 2004 p4.
Witness statement of Sonia Cassidy
dated 5 January 2004 pp.5-7.
93. I Schedule of Non-sensitive Material PNI00000001_040 I VISO0013112_040
94. I Schedule of Sensitive Material PNI00000001_044 I VISO0013112_044
95. I FLThorpe Notebook entry I WITN10410101 WITN10410101
26.07.2001 re AMcLoughlin
96. I FLThorpe Notebook entry I WITN10410102 WITN10410102

04.04.2002 re MMckKelvey

22