At a turning point in the Horizon IT Inquiry, Post Office lawyer Simon Clarke revealed that a crucial expert had knowledge of system flaws. The prosecutions against Horizon were essentially put to a halt in 2013 when this revelation caused Clarke to pen substantial legal advice.
Clarke harshly criticized the Post Office’s prosecution approach during her Thursday testimony before the inquiry. This was in response to the over 900 sub-postmasters who were wrongfully prosecuted based on inaccurate data generated by the flawed Horizon computer system.
The trial of Postmistress Seema Misra was one of many that relied on the testimony of IT specialist Gareth Jenkins, whom Clarke reported having a phone discussion with in June 2013. Jenkins was aware of two Horizon system problems and could not rule out the presence of additional, according to the discussion transcript. Jenkins had violated his obligation as an expert witness by withholding this information previously, and the Post Office had been implicated in prosecutorial wrongdoing, thus this disclosure was very important.
The situation was so serious that Clarke called it a “bombshell moment.” After that, he wrote some legal advice that brought attention to Jenkins’s failure to do his duties and how it affected the way the Post Office prosecuted cases.
Noting that the material he received was insufficient and devoid of substance, Clarke also expressed his discontent with the Post Office’s prosecution policy. He was disappointed that a watered-down version was accepted, despite his suggestions for changes based on Crown Prosecution Service policy.
Clarke voiced her displeasure with the Postal Service’s policy of erasing Horizon bug reports that were reviewed in the frequent “hub” meetings in 2013. While stressing the significance of evidence preservation, he cautioned against this behavior. When asked about his decision to stay on at the Post Office despite these problems, Clarke said he wanted to do his job well and make a positive impact.
Legal representation is fraught with complexity and ethical issues, as Clarke’s evidence demonstrates, especially when clients are accused of misconduct. People who were wrongfully prosecuted by the Postal Service are at the center of the ongoing investigation of the Horizon IT system.
