WITN10510200
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Witness Name: Kenneth William Donnelly
Statement No.: _WITN10510200
Dated: 15 January 2024
POST OFFICE HORIZON IT INQUIRY
SECOND WITNESS STATEMENT OF KENNETH WILLIAM DONNELLY
1. I am the Deputy Crown Agent for Specialist Casework at the Crown Office and
Procurator Fiscal Service. This second witness statement to the Post Office Horizon
IT Inquiry seeks to clarify and correct an inaccuracy in my first statement to the Inquiry
dated 29 November 2023.
2. In my first statement, at paragraph 46, I stated that “on 5 September 2013 a meeting
took place between POL, BTO, CK and Crown Office Policy Division officials at Crown
Office, Edinburgh. CK Senior Counsel, Simon Clarke, was in attendance. At the
meeting BTO explained that it had carried out a review of all live Scottish cases and
had determined that the Horizon system defects identified in the ‘Second Sight’ and
‘Helen Rose’ reports did not play a part in any live Scottish cases save for one.” The
final part of this passage is incorrect.
3. At the meeting of 5 September 2013, BTO explained to COPFS that the review of live
Scottish cases had determined that the defects identified in the ‘Second Sight’ and
‘Helen Rose’ reports did not play a part in any live Scottish cases.
4. Itis not the case that BTO advised COPFS that one case had been reviewed and the
defects identified in the two reports had been determined to “play a part’ in the case.
WITN10510200
WITN10510200
5. The single case identified by BTO had been determined to be a ‘Type B’ case. It is not
the position system defects identified in the in the ‘Second Sight’ and ‘Helen Rose’
reports impacted this case.
6. I believe the content of this statement to be true.
SIGNED
GRO
KENNETH WILLIAM DONNELLY
DEPUTY CROWN AGENT, SPECIALIST CASEWORK
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
15 January 2024