19....in around June or July 2010, I remember that some questions were raised regarding Horizon, in light of a parliamentary question from Ms Patel
(Member of Parliament) and a Channel 4 news report which was looking into the losses that SPMs...
... were experiencing. I believe that the Board were asked by the Department of Business, Innovation and Skills ("BIS") (now known as the Department for Business and Trade) to pull together answers to these
questions and conversations were subsequently held...
20.1 cannot recall precisely what happened next but I can remember that we asked for confirmation as to why we were being told that the system was
robust. This resulted in a report being written which I understand has beennamed 'the Ismay Report' by the Inquiry...
... had the report given any sense that there was a
problem, we would have done a deeper dive into the system. However, it was unequivocal in telling us that the system was robust and providing reasons
as to why.
Smith, in oral evidence, has admitted there was no written brief for Ismay's report and is being both unequivocal that he would have wanted to know from Ismay about any problems with Horizon, whilst also admitting they were involved in an assurance exercise...
This was his written response to Priti Patel MP, after being instructed by the then PO minister Ed Davey to respond to concerns about the Horizon system:
A few days later, this email came from the Shareholder Executive (now UKGI) a govt body:
So Smith sends this email a day after replying to Priti Patel:
Asked why he blithely told Priti Patel everything was fine and the next day started asking questions, he says the email from ShEx got him thinking.
His email of questions continues:
Here's how it finishes:
Says it was about "trying to stress test what people were telling me so that I've got confidence and so that ShEx have confidence in our position"
The PO's response to C4:
The Ismay report was commissioned almost immediately afterwards. Smith said he told Ismay the board wants an "honest view" and "not one-sided". He then contradicts this by saying "I was asking him to give me the rationale as to why the business...
... thought we were comfortable and confident in the assertions we were making."
This Ismay's evidence:
Smith says its not true. He is taken to an email sent on his behalf by his PA which contradicts him:
Smith says the Inquiry might be "splitting hairs here".
Inquiry chair Sir Wyn Williams intervenes to say he's "struggling" with parts of Smith's evidence.
After to some to-ing or fro-ing, Chair points out that Smith intended Ismay to draw together conclusions that "had already been arrived at". Smith agrees
On receiving the Ismay report, Smith says in his WS:
Counsel to the Inquiry asks how he came to the conclusion no investigation was needed. Smith says they took the assurances from Fujitsu and Seema Misra's case was a "test" of the Horizon system, which it had passed.
Says he didn't review the Misra case in detail. Counsel to the inquiry brings up Smith's email to his team after Seema was sent to prison:
Smith apologises to Seema Misra and tells the inquiry he was just congratulating his team.
Counsel to the inquiry finishes, and Flora Page, Seema's barrister asks the Chair before asking her questions that he read Smith the self-incrimination warning. Chair asks why...
Page replies "We say that the Ismay report was a cover-up."
Chair complies. The self-incrimination warning gives witnessses the opportunity to request to not answer a question if they think it might help convict them in a criminal trial.
Page says that when Smith commissioned the Ismay report he and his senior leadership team knew "that Horizon's integrity was very much in doubt and that you wanted to cover it up."
Smith replies: "No. Absolutely not."
Page brings up the top level meeting in Sep 2010 which shows there was discussion about a serious bug in Horizon and remote access by Fujitsu, the Friday before the Misra trial began. This was not disclosed to the Misra team. "What sort of culture were you presiding over?" asks..
... Page. Smith says he was not aware of it at the time. He says he is "shocked and frankly appalled if that was the sequence of events"
Page asks if he knew that Ismay was told about "back doors" to Horizon after writing his report and did nothing about it. Smith says he. was unaware. Page calls up this email:
And says the Misra trial was being used to justify the Post Office's confidence in Horizon. Smith disagrees.
Smith's evidence ends.
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This is Part 3 of a tweet thread covering the Castleton v Post Office/Fujitsu directions before directions hearing at the High Court. If you'd like to start at the beginning you can do so here...
PM the reason why Gareth Jenkins was not a witness in 2019 comes from a 2018 discussion around the Clarke Advice which was when in 2013 GJ was revealed to have misled the courts. The extent to which GJ's knowledge was relied on during Bates was referred to extensively...
... and given what we now know from the recently disclosed document which refers to system faults, which he was aware of 2005 means that we are now possession of information that Mr Justice Fraser did not have in 2019.
J where does that leave us
[Paul Marshall (PM) is on his feet for Lee Castleton (LC or C for Claimant)]
[PM is taking J to the authorities on setting aside a judgment for fraud]
PM [is reading from the authorities] there has to be a conscious and deliberate dishonesty which is relevant to the judgment now thought to be impugned. This must be material to the judgment. Put another way the fresh evidence would have entirely changed the way the court came
Good morning from the High Court’s Rolls Building in London where we are gathering for the first open hearing into Castleton v Post Office/Fujitsu. Live tweeting will follow when the hearing begins at 10.30am from Court 17…
I am awaiting the arrival of Lee Castleton outside court with a couple of snappers and an @itvnews crew.
@itvnews Okay we are now in court. Lots of court reporters filling out the press benches, or would be if we had press benches. This is the Rolls Building, after all...
Final day of evidence in Morrison (@SeeRedWoman1) v Belfast Film Festival revisited.
In which we go over the idea that "I’m standing up for the rights of women’" is "a new staple of the anti-LGBTQ anti-lslamic right.”
Actually there's so much in this one I'll do a thread...
@SeeRedWoman1 ... of snippets: "Cunningham listed some of the concerns of sex realist campaigners: single sex toilets, men in rape crisis centres, induced lactation in men so babies can suck on their nipples ("that's child abuse, isn't it?" asked Cunningham "I can't comment" said Barros D'Sa)"
@SeeRedWoman1 "All present had seen [Morrison's] speech... and they knew Mark Cousins felt "we need to accelerate the process by which this is sorted… We can’t have an inclusion/diversity officer who, many weeks after making such an ill-advised speech, is still standing by her actions"."
Hi and welcome to Westiminster Magistrates’ Court (in the sunshine) for the judgment in Rex vs Linehan. Comedy writer and sex realist campaigner Graham Linehan is accused of harassment and criminal damage.
Live tweet thread follows:
GL is present in court - he is waering a casual jacked a green top and light brown slacks. He has been invited to sit in court, not the dock.
J is sitting:
Mr Linehan you are obviously here for your judgment today - it’s going to be sent now to counsel. The judgment is 31 pages in total - some length - I have prepared a summary of that jusgment
Good morning from Killymeal House in Belfast. This is the final day of Morrison v Belfast Film Festival. Closing submissions are currently being read by the judge and there will be a hearing at noon for comments on those submissions, questions and clarifications. I will...
NC the 3 July email - its status appears to be in doubt in this claim. SD does not deal with it in his subs. As a matter of fact the 3 July must be dealt with - even if SD persuades you it was not part of C's pleaded case. It's nevertheless of enormous relevance
... it is a set of facts or fact of the most enormous evidential sig. So the reason behind that email being sent is something the tribunal will have to determine. If that email was sent with wholly innocent intent the contention in q would fail. If you find...