‘Bombshell’ moment lawyer found out about Horizon bugs

‘bombshell’ moment lawyer found out about horizon bugs

‘Bombshell’ moment lawyer found out about Horizon bugs

A lawyer working for the Post Office has described the “bombshell” moment he learned the key expert knew there were bugs in the system.

Simon Clarke said this led him to write landmark legal advice in 2013 which put a virtual halt to Horizon prosecutions.

Giving evidence at the Post Office Horizon IT Inquiry on Thursday, he was also strongly critical of the company’s prosecution policy.

More than 900 sub-postmasters were wrongly prosecuted for stealing because of incorrect information from the faulty computer system.

Mr Clarke, a barrister with the firm Cartwright King which worked on prosecutions for the Post Office, was presented with a transcript of a June 2013 phone conversation with the IT expert Gareth Jenkins.

Mr Jenkins had given key evidence in a number of prosecutions, including that of the West Byfleet Postmistress Seema Misra, who was jailed while pregnant in 2010.

The transcript confirmed that Mr Jenkins knew of two bugs in the Horizon system, and that he could not be sure there were not more, and that he must have known of them earlier because he had informed the independent investigators Second Sight that they existed.

He agreed with the barrister questioning him, Julian Blake KC, that his had been “quite a bombshell moment”.

A few weeks later Mr Clarke wrote the advice, which warned that Mr Jenkins had failed to disclose information “in plain breach of his duty as an expert witness”, and this put the Post Office “in breach of its duty as a prosecutor”.

A lawyer for Mr Jenkins told the BBC in March it would be “inappropriate” for him to comment ahead of him giving evidence to the Inquiry in June.

When he joined the Post Office in 2013, Mr Clarke asked for a copy of the Post Office’s prosecution policy – the rules by which they decided to mount the prosecutions which sent hundreds of postmasters to jail.

What came back was a “single A4 document, badly photocopied”, he told the Inquiry. “I can’t remember what it said, but it wasn’t a prosecution policy,” he said.

He proposed a revised version based on the Crown Prosecution Service’s policy, and was disappointed when what he called a “watered-down version” was adopted.

“Old-fashioned”

Later in 2013 Mr Clarke wrote another memo warning that the Post Office was destroying evidence of Horizon bugs raised in regular “hub” meetings, convened to pool knowledge of the system, and advised that the practice must stop.

He was asked about why, once he knew about Gareth Jenkins’s situation and the shredding, he carried on working for the Post Office.

“I am a bit old-fashioned about this,” he said. “Barristers don’t just walk away from their clients when life gets difficult.”

“It’s trite,” he said, but he kept working for the Post Office “in the hope that I could do some good for them.”

The inquiry continues.

OTHER NEWS

22 minutes ago

Barry Kemp, Egyptologist who dispelled myths about the ‘Christ-like’ pharaoh Akhenaten – obituary

23 minutes ago

Silencing doubters, Xander Schauffele takes control of his narrative with wire-to-wire PGA Championship win

23 minutes ago

Taxpayer tab: Police shell out over R2.2 billion in civil claims

23 minutes ago

Indonesia minister says Musk to consider offer to build EV battery plant in country

23 minutes ago

Waratahs sack coach after dire Super Rugby season

23 minutes ago

Sale Sharks might grind out results but their continued success is crucial for rugby union in North

23 minutes ago

Phragmites biological control program in Essex County

23 minutes ago

Key advice as Powerball soars to $150m

23 minutes ago

World leaders send condolences over Iran president Raisi’s death

24 minutes ago

I Moved To France With My Son, And This Is One Culture Shock I Never Expected

24 minutes ago

Dan Morgan made certain cuts to improve Carolina Panthers’ roster

24 minutes ago

Bruce Springsteen show a 'religious experience' for 80,000 fans in Croke Park with Hollywood royalty in the crowd

25 minutes ago

Dunelm shoppers praise stylish but sturdy garden bench that doubles as storage

25 minutes ago

‘Dirty cooking’ puts millions of African women at risk, says International Energy Agency

25 minutes ago

Peter Dutton’s migration cuts would cost budget $34bn over coming decades, thinktank calculates

25 minutes ago

Kimberley early intervention youth program for at-risk boys faces demise due to lack of steady funding

25 minutes ago

Coalition will have ‘viable plan’ to bring down power prices: Liberal MP

25 minutes ago

New York to Dublin 'portal' reawakens under new restrictions after inappropriate behaviour

25 minutes ago

West Ham already on the verge of first summer signing from Arsenal

25 minutes ago

‘Authoritarian bromance’: Vladimir Putin pays visit to Xi Jinping

25 minutes ago

Norovirus: Six things you need to do right now to not catch highly-contagious vomiting bug

25 minutes ago

Soccer-Garcia brace helps Osasuna win 4-1 at Atletico

25 minutes ago

Soccer-Zamalek win African Confederation Cup on away goals

27 minutes ago

Jennifer Lawrence is in good spirits as flashes a peace sign wearing 70s flared jeans and a vest top in New York

28 minutes ago

Dapper Laughs and his wife Shelley welcome a third daughter: Celebrity Big Brother star says he is a 'bag of emotions' as he shares adorable video and reveals newborn's kooky name

28 minutes ago

Young plumber's death from Covid vax side effect should have been prevented: 'Had his whole life ahead of him'

28 minutes ago

Top of the Klopps! Jurgen Klopp marks his Liverpool farewell by dancing on stage alongside a rapping John Barnes and strolling through the city centre with a drink in hand as he enjoys a final night out with his players

28 minutes ago

Emma Stone sports T-shirt with the name of the composer for Poor Things as she poses with director Yorgos Lanthimos for Kinds Of Kindness film

28 minutes ago

Losses for Pirates, Stellies elicit different responses

28 minutes ago

Payouts for fired Qantas workers linked to job-seeking

28 minutes ago

Josie Dooley suffers stroke on holiday in Hawaii

29 minutes ago

Brentford 2-4 Newcastle: Late Bees rally not enough on final day thriller

29 minutes ago

Aston Villa star on huge wages attempts to force summer exit; Emery ready to give green light

29 minutes ago

‘Ridiculous’: Isaac Butterfield hits out at suggestions masculinity is ‘inherently toxic’

29 minutes ago

Your one vote will protect democracy, Constitution: Priyanka Gandhi to people

29 minutes ago

Wentworth Liberal candidate sounds like a teal MP: Andrew Clennell

29 minutes ago

Travis Kelce hasn't changed with Taylor Swift romance

29 minutes ago

Kerry Katona living with mother due to 'unsupportive' fiance

30 minutes ago

Bloodsucking parasites are spreading. Here’s how to protect yourself from ticks

30 minutes ago

Nigella Lawson weighs in on Ozempic craze sweeping Hollywood

Kênh khám phá trải nghiệm của giới trẻ, thế giới du lịch