That is because he discusses events that occurred after he wrote Exhibit 5.
You seem to be insinuating he was dishonest.
AND that Murray's memo in exhibit 5 were questions and a request for Pennon to clarify and answer those questions. NOT sworn testimony that he was stating fact. He was attempting to GET the facts at that time. Of course, Penon never did respond nor answer. I wonder why?
IHFB does not seem to have a problem with Penon dodging his responsibilities and then spins a misleading story about Murray.