SPM Prosecution Aquittal Reports
Dear Post Office Limited,In evidence to Sir Wyn today former Head of Security Tony Marsh stated that a report would be drawn up after each SPM Prosecution Aquittal.Please can you supply all documents that match this description or state their disposal date?
Yours faithfully,
john o'sullivan
Our ref: FOI2023/00398
Dear John O'Sullivan,
Thank you for your email which was received on 5th July. Your email is
being considered under the terms of the Freedom of Information Act 2000.
Please remember to quote the reference number above in any future
communications.
Regards,
Data Protection and Information Rights Team
100 Wood Street,
London,
EC2V 7ER
Dear John O'Sullivan,
With apologies for the delay. Please find the response attached relating
to your Freedom of Information request.
With kind regards,
Data Protection and Information Rights Team
100 Wood Street,
London,
EC2V 7ER
Dear [email address],Thank you for a reply.Did you know Tony Marsh would mention acquital reports in his evidence?Did POL or its legal teams,talk to him prior to giving evidence?He says this"Well, whenever there was an acquittal in a case that we felt was properly brought, then the
solicitor in Legal Services with the barrister
who had taken -- who had actually led the case
for us in court -- would produce a report that
would come back to the Head of Investigations,"Why are you with this statement of your former Head of Security unable to progress?Is this statement untrue?If you are looking to find these documents for the benefit of the Inquiry and Mr Marsh's peace of mind the price shouldnt be a factor?Can you please confirm his statement on procedure is firstly correct?
Yours sincerely,
john o'sullivan
Dear John O'Sullivan,
Thank you for your email.
As you have not made a request for recorded information, as outlined in
section 8 of the Freedom of Information Act 2000, we have passed your
email on to the relevant team, who will be in touch with you shortly.
With kind regards,
Information Rights
Data Protection and Information Rights Team
100 Wood Street
London
EC2V 7ER
[1]postoffice.co.uk
[2]Logo, company name Description automatically generated
Dear information.rights,I have requested the reports that are described by Tony Marsh thus"Well, whenever there was an acquittal in a case that we felt was properly brought, then the
solicitor in Legal Services with the barrister
who had taken -- who had actually led the case
for us in court -- would produce a report that
would come back to the Head of Investigations,.Can you please provide these reports that a solicitor in Legal Services along with the lead barrister would send to the Head of Investigation.This has to be a requested for recorded information surely?
Yours sincerely,
john o'sullivan
Dear John O'Sullivan
Thank you for your further email.
Given you have requested the same information as per your original FOI request under FOI2023/00398, the letter of 21 August provides the Post Office response, and we therefore have nothing further to add at this point.
With kind regards,
Information Rights
Data Protection and Information Rights Team
100 Wood Street
London
EC2V 7ER
Dear Post Office Limited,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Post Office Limited's handling of my FOI request 'SPM Prosecution Aquittal Reports'.
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]On the 5th july 2023 Tony Marsh gave this answer to a specific question from Sir Wyn Williams". Well, whenever there was an acquittal in a case that we felt was properly brought, then the
solicitor in Legal Services with the barrister
who had taken -- who had actually led the case
for us in court -- would produce a report that
would come back to the Head of Investigations.You claim that you can find no record of such reports but that doesnt mean they arent any.That would look bad for the former Head Of Security.You have had 49 days to find evidence to support Tony Marsh's detailed recollection.Did no one in the Legal Team think his statement might be followed up by either side and therefore require in house search or confirmation.Can they not be found because they dont exist or the search is mechanical or porrly worded,Ben Foat conceeded that on ocassion information is hidden in famillies of files.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Yours faithfully,
john o'sullivan
Dear John O'Sullivan,
Thank you for contacting us with your request for an internal review.
This has been assigned to a caseworker (our ref: IR2023/00498).
If you have any questions, then please do not hesitate to contact us.
Regards,
Data Protection and Information Rights Team
100 Wood Street,
London,
EC2V 7ER
Dear Mr O’Sullivan,
Thank you for your email of 22 August to our information rights team. This
has been passed to me as the questions are not a request for recorded
information under the Freedom of Information Act (FOIA).
It would not be appropriate for Post Office to comment on witness evidence
outside of the Inquiry. It is for the Inquiry to independently reach
conclusions in due course, after consideration of all the evidence, on the
issues that it is examining. The protocols that it has put in place for
its work, including its handling of evidence, can be found on its
website.
I can however assure you that we share fully the aim of the Inquiry to get
to the truth of the Horizon scandal and what happened in the past and Post
Office has undertaken very extensive work to provide material the Inquiry
requires.
Post Office’s Information Rights team operate separately. The team follow
a thorough process with each request in accordance with the FOIA which, as
you will be aware, includes considerations of exemptions such as cost. Our
letter of 21 August sets out the work required by the Information Rights
team in relation to your request and why this would involve significant
cost exceeding the cost limit set out in the FOIA.
I hope this is helpful.
Kind regards,
Kelly Innes
External Affairs Advisor
Corporate Affairs, Brand & Communications
[1][email address]
[2]7371D28C
Post Office Limited is committed to protecting your privacy, information
about how we do this can be found on our website
at [3]www.postoffice.co.uk/privacy
Dear externalaffairs,Thank you for a reply.The answer to the question "Did the Post Office have a policy of producing SPM Aquittal Reports shouldnt break the bank or more importantly exceed ICO FOI guidelines.?Can you give a yes or no answer please?
Yours sincerely,
john o'sullivan
Dear Post Office Limited,You have not answered my question about Prosecution Aquittal Reports and today Rob Wilson again mentions them.Can you confirm both Tony Marsh and Mr Wilson have correctly described a Post Office Legal Department procedure?
Yours faithfully,
john o'sullivan
Dear externalaffairs,Can you please answer this question?
Yours sincerely,
john o'sullivan
Dear Mr O'Sullivan
Thank you for your email of 2 November.
Our FOI team are treating your correspondence as an internal review and will respond accordingly.
Kind regards
Michael
Michael Norman
Policy & Briefing Manager
Corporate Affairs, Brand & Communications
[email address]
Post Office Limited is committed to protecting your privacy, information about how we do this can be found on our website at http://www.postoffice.co.uk/privacy
Dear externalaffairs,Can you say when this will be dealt with please?Four Post Office witnesses have described these reports and how they operated.It is remarkable you can find nothing.
Yours sincerely,
john o'sullivan
Dear externalaffairs,Any answer yet or is Rodric taking advice?
Yours sincerely,
john o'sullivan
Dear John O'Sullivan,
I am writing in response to your request for information, received on 23rd
August.
Yours sincerely,
Data Protection and Information Rights Team
100 Wood Street,
London,
EC2V 7ER
Dear [email address],Thanks for the reply,when asked to count the number of cows in a field the temptation to count ears,legs,tails and udders before dividing by 13 can be irresistible.Lets avoid the red herring of Subpostmaster Acquittal reports and instead focus on SPM acquittals.How many SPM that the Post Office prosecuted in Court up to 2015 for theft or false accountancy were acquitted?How many cases that the Post Office started against SPM for theft or false accountancy were dropped before reaching Court- again prIor to 2015?The start date can be 2000.
Yours sincerely,
john o'sullivan
Our ref: FOI2024/01264
Dear John O'Sullivan,
Thank you for your request for information which was received on 14th
September. Your request is being considered under the terms of the Freedom
of Information Act 2000.
The Act requires that a response must be given promptly, and in any event
within 20 working days. We will therefore reply at the latest by 11th
October.
Please remember to quote the reference number above in any future
communications.
Regards,
Data Protection and Information Rights Team
100 Wood Street,
London,
EC2V 7ER
Our ref: FOI2024/01264
Dear John O'Sullivan,
I am writing with regards to your information rights request, which was
received on 16 September.
We have started to consider your request; however, we require further
information before we are able to proceed.
In respect to Q2 "How many cases that the Post Office started against SPM
for theft or false accountancy were dropped before reaching Court- again
prIor to 2015?The start date can be 2000."
Following a review of the question above, we are not clear what is meant
by `started'.
Is this intended to mean investigations that were commenced for theft and
false accounting that did not proceed to:
(a) a caution or
(b) a prosecution or
(c) acquittal/conviction
(d) or all i.e. a, b and c?
As you will appreciate the statutory timescale for our response to your
request will not commence until we are supplied with the further
information which we require.
If we do not hear from you within 14 days, we will close this case with no
further action taken.
Please remember to quote the reference number above in any future
communications.
Yours sincerely,
Information Rights Team
100 Wood Street,
London,
EC2V 7ER
Dear [email address], Thanks for the reply and the chance to again get an answer to my request. By cases that Post Office started, I mean instances when a SPM was summonsed to appear in court for either or both, theft or false accountancy. I wish to know how many of these cases resulted in an acquittal on all charges .
Yours sincerely,
john o'sullivan
Dear John O'Sullivan,
Thank you for your Email dated 27th September clarifying your recent
request under the Freedom of Information Act 2000, a reply will be sent by
25th October, which is twenty working days from receipt of your
clarification.
If for any reason we are unable to provide you with a full response within
that time, we will contact you explaining the reasons and giving a revised
date by which, we will reply.
If in the meantime, should you have any questions or would like to contact
us about your request, please email or write to us at the address below.
Please be assured that we are giving this our attention and will get back
to you shortly.
Yours sincerely,
Data Protection and Information Rights Team
100 Wood Street,
London,
EC2V 7ER
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