Lawyer who prosecuted sub-postmaster issues public apology
‘When we receive papers and statements, we do so trusting that the person who has sent them has done so in good faith’
‘People usually assume that an innocent person would never plead guilty to an offence they hadn’t committed’
A LAWYER who successfully prosecuted a sub-postmaster accused of stealing from his own business has written a public apology to him.
Gareth Roberts, a criminal barrister, was briefed by the Post Office for the case against the unnamed worker several years ago.
The prosecution was one of more than 900 taken against sub-postmasters across the country after faulty Horizon accounting software led to shortfalls at their branches.
Mr Roberts has apologised for his part in what has been described as one of the greatest miscarriages of justice in British history.
Although he does not know the name of the person he prosecuted or if they were ever convicted, Mr Roberts wrote in the independent Byline Times he would “gladly meet them on the steps of the Royal Courts of Justice and apologise for my role in this scandal”.
Mr Roberts recalled receiving expert evidence from the Post Office before the case, consisting of “a number of formal, slightly generic expert statements” about the Horizon IT system.
“Let me point out that, as barristers, we act upon instructions,” he wrote in the open letter. “When we receive papers and statements, we do so trusting that the person who has sent them has done so in good faith, be it a high street solicitor or the CPS.
“As such, even though there was no evidence of what had happened to ‘stolen’ money in the papers, and the defendant was (again from memory), an individual of impeccable character, with a number of years’ experience as a sub-postmaster, with no apparent motive to suddenly take money from the till, I would have read the expert evidence, and accepted on face value the assertion that this individual had dishonestly taken money that didn’t belong to them.”
Mr Roberts has no memory of the case proceeding to trial, which, he said, suggests that the defendant entered a guilty plea.
Numerous sub-postmasters were advised by their lawyers to plead guilty to lesser charges, such as false accounting rather than theft, to escape a prison sentence.
“This is advice I have given to many defendants over the years,” Mr Roberts said, “and, like every other barrister, it is always delivered with the caveat that an innocent person should never plead guilty if they haven’t done anything wrong, and that I will respect their plea whatever it is.
“People usually assume that an innocent person would never plead guilty to an offence they hadn’t committed,” he said, “but the reality is that faced with the prospect of prison or liberty, many people will hold their nose and accept guilt.”
Mr Roberts said that to discover years after the case that he “played a part in what is clearly a systemic failure of the Criminal Justice System, hurts”.
He added that he takes pride in doing his job properly and fairly, and “the idea that I may have presented evidence before a court of law that was wrong is sickening and I am ashamed of that.”
The Metropolitan Police is currently investigating whether former Fujitsu employees lied under oath in court during prosecutions against sub-postmasters.
Gareth Jenkins, a Fujitsu software engineer and the architect of the Horizon system, was among those who gave expert evidence that the system was working correctly, which was repeatedly called upon by Post Office lawyers in court to help secure convictions.
Mr Jenkins is now under police investigation for alleged perjury after concerns were raised that he had not told the truth in court.
Another IT expert, Anne Chambers, is also under police investigation for perjury over evidence she gave.
Mr Roberts added in his letter: “The challenge now, is twofold: First, ensuring that it never happens again, and second, ensuring that those affected by this miscarriage are given proper compensation.”
He said he hopes the ongoing public inquiry into the scandal will suggest a “profound reform” of how organisations other than the CPS are allowed to bring prosecutions.
Just 93 sub-postmasters have had their convictions overturned to date, with Rishi Sunak announcing last week that a new law is to be introduced that will see victims “swiftly exonerated and compensated”.