Former Post Office legal boss ‘can’t recall’ reading crucial document
Hugh Flemington said he ‘did not tend’ to open attachments on his Blackberry device – JEFF GILBERT
A former Post Office legal boss told the Horizon IT inquiry he could not recall opening a crucial document as he did not like reading them on his mobile.
Emails shown to the inquiry revealed how Hugh Flemington and the Post Office’s then general counsel Susan Crichton were sent a file containing vital legal advice.
The document, written by senior Cartwright King barrister Simon Clarke, expressed concerns about Fujitsu employee Gareth Jenkins – who had been used by the Post Office as an expert witness in sub-postmaster trials.
More than 900 staff were wrongfully prosecuted as a result of the Japanese firm’s Horizon software, which reported fictional shortfalls on branch accounts.
Yet Mr Flemington told the inquiry he “could not recall” reading the advice – sent to him in July 2013 – because he was on sabbatical and “did not tend” to open attachments on his Blackberry device.
The Post Office’s former head of legal said he “very occasionally” replied to emails during his three-month period of leave – despite his boss Ms Crichton giving him a “lecture” on not looking at his Blackberry.
However, he told the inquiry he may not have opened the attached document which contained the advice, even if it was emailed to him.
Mr Flemington giving evidence to the inquiry on Tuesday – UNPIXS
Heather Oliver, a lawyer representing Gareth Jenkins, said: “You respond to one of those email threads on the 17th July.
“Do you think that makes it more likely that you would have seen the Simon Clarke advice at the time it was sent to you?”
Mr Flemington responded: “Not necessarily, because, I tell you why very specifically, in that I hated reading attachments on the BlackBerry.
“I would read cover notes, but attachments I found difficult to see with eyesight.
“So for that reason I would tend not to read attachments.”
The former legal boss added: “I can’t hand on heart specifically recall seeing the printed advice at this time.”
Mr Clarke’s document stated that Mr Jenkins failed to disclose the existence of bugs in the software in witness statements for prosecutions.
The inquiry was also shown an email sent by Mr Jenkins in February 2010, in which he referred to a trial for which he was assisting the Post Office with evidence.
In the email, Mr Jenkins wrote: “This is another example of postmasters trying to get away with ‘Horizon has taken my money’.”
Mr Flemington told the Inquiry: “I was surprised when I saw this.”
Mr Flemington said his boss Susan Crichton, pictured giving evidence to the inquiry last week, had given him a ‘lecture’ on not looking at his Blackberry device – UNPIXS
Later, the inquiry heard from barrister Harry Bowyer, a former employee of Cartwright King Solicitors – a firm previously instructed by the Post Office.
In an email to senior Post Office in-house lawyer Jarnail Singh, Mr Bowyer expressed concerns about Mr Jenkins as an expert in September 2012, when the accuracy of the system was being challenged by accused sub-postmasters.
He wrote: “I would have preferred someone entirely independent, but this is such a specialist area that we would be hard pushed to get a report – we might open our expert up to allegations of partiality but his expertise will be unlikely to be challenged.”
Mr Bowyer told the inquiry that the pressure of the timetable of incoming prosecutions was certainly “a factor” in the urgency of producing a report on the Horizon software.
Mr Jenkins is being investigated by the Metropolitan Police for alleged perjury.
Lawyers for the former Fujitsu engineer have previously said that it would be inappropriate for him to comment ahead of him giving evidence to the inquiry in June.
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