The government has acceded to calls to put the inquiry into the Post Office scandal on statutory footing. Although, many questions are likely to be left unanswered for the wrongfully convicted sub-postmasters.
Private Prosecutions | Rosenblatt’s Financial Crime Team
This article is one in a series we have written on this case, with our latest one questioning the lawyers’ involvement and focusing on the calls for a statutory inquiry into the matter.
On 19 May 2021, Business minister Paul Scully confirmed the government would extend the existing inquiry under the same Judge and widen its scope and terms of reference. This comes after the government resisted demands for a public inquiry last month.
Mr Scully noted that the inquiry will deal with the failings of the Post Office’s Horizon IT system l, whilst also considering the findings of Mr Justice Fraser in the Bates v Post Office group litigation, and the recent Court of Appeal Judgment on 23 April 2021 which quashed the convictions of 39 former sub-postmasters. For more details about the Court of Appeal decision please see our earlier article. This inquiry is also likely to include an analysis of the lawyers’ involvement who represented the Post Office in the wrongful prosecutions, and in particular the non-disclosure of evidence that discredited the Horizon IT System.
This announcement was made in Parliament with Mr Scully stating, “the horizon saga has wrecked lives and livelihoods – we can’t undo the damage that has been done but we can establish what went wrong at the Post Office and ensure something like this is never allowed to happen again.” Other MPs stood up after Mr Scully’s announcement to relay the experience of their constituents, emphasising that some were jailed, made bankrupt, lost their home or partner, were alienated from their communities and some even took their own lives.
This inquiry is to be led by Sir Wyn Williams, with its findings expected to be submitted in autumn 2022. Although we are to expect an interim report this summer.
The scope of the inquiry will not include the Horizon group damages settlement, albeit the inquiry may examine the events leading up to the settlement. Neither will the inquiry consider whether there should be a binding and enforceable code of standards for private prosecutions. Given the spotlight directed on private prosecutions of late it is likely some form of government review or attention will be placed on them in due course.
It was also highlighted that of the £58m settlement agreed with the sub-postmasters some £46m had gone to pay the sub-postmasters legal fees, which were so high because the Post Office had defended the cases so vigorously.
Mr Scully confirmed that the government would continue discussions with the Post Office around the issue of compensation.
We will continue to monitor this inquiry and provide a further update once the interim report is released in summer.
Rosenblatt can help
Rosenblatt has a wealth of experience in financial crime and is uniquely placed to support clients that are the subject of Private Prosecutions or investigations by the Police having being involved in some of the most high profile investigations into multi-million-pound, cross jurisdictional fraud cases in the UK.
https://www.rosenblatt-law.co.uk/services/financial-crime/#financial-crime
https://www.rosenblatt-law.co.uk/services/serious-and-general-crime/
