Post Office and Horizon Software

Debate between Karl Turner and Philip Dunne

Thursday 5th March 2020 Westminster Hall

[Karl Turner]

From a legal perspective, false accounting is not a strict liability offence, so there is an opportunity to defend against that allegation. However, the hon. Gentleman is absolutely right to say that those sub-postmasters were put into a position where they could do nothing but make those false accounts. That is why I think this is the most disgusting example of predatory capitalism that I have ever come across. I say that because Post Office Ltd, along with Fujitsu, invested £1 billion in that IT system. I suspect that senior people within Post Office Ltd were desperate to maintain the reputation of the Post Office, but also, sadly, to maintain their own reputation as senior people within that business. I think people misled from the very outset.

I have read many judgments, both while practising in criminal cases and since that time, and I have never read a judgment as damning as that of Mr Justice Fraser. For that, I pay huge tribute to him. I do not know Mr Justice Fraser, but I know that his practice was technical—in the areas of engineering and technology—and it is clear from his understanding and grasp of that case that he knew exactly what was happening. I think that evidence given in that hearing was tantamount to perverting the course of justice, which I suspect is why Mr Justice Fraser has referred the matter to the Director of Public Prosecutions, Max Hill QC, for him to consider. Honestly, this is utterly deplorable.

Of course, people will say, “Those victims can rely on civil litigation to bring an action for malicious prosecution,” but what sub-postmaster has £50,000, £60,000 or £70,000 spare when their careers have been ruined and every penny they had amassed in savings has gone to pay off the Post Office—money that they did not actually owe?

[Philip Dunne]

The hon. Gentleman is making a powerful point based on his experience of the law, but I ask him to comment on the corporate governance aspect. He has touched on corporate responsibility; does he not, as I do, find this utterly astonishing given the volume of similar allegations being made right across the country? It is not as though this were isolated to a geographic area or particular type of sub-postmaster; it was happening right across the country. Any corporate directorship or management scheme worth its salt would have identified that there was a fundamental problem and sought to find the root cause of it, rather than immediately reach for their solicitors’ letters.

[Karl Turner]

The right hon. Gentleman is absolutely right: alarm bells must have been ringing. I am not saying that my legal advice at the time was bad advice; I think it was perfectly good, considering the weight of the evidence and the instructions I was receiving. However, somewhere in the Post Office, someone must have been saying, “Hang on a minute. We get maybe two or three allegations of wrongdoing per month or year”—I do not know what the figures might be—“but all of a sudden, we have 550 thieving, dishonest sub-postmasters who have never had so much as a parking ticket in their lives,” as Janet Skinner said to me. It is utterly deplorable.

For me, the alarm bell rang in 2015 when “Panorama” did its documentary, which was chilling. My blood ran cold, because I had to remind myself what advice I had given and check with myself whether everything had been absolutely right in that regard. Since I have been involved with this matter, I have been contacted by a sub-postmaster who got the opportunity to not be prosecuted by paying the Post Office back; he had to sell his house to do so. He has made the important point that the only people he could turn to were those in the National Federation of SubPostmasters.

That sub-postmaster agreed to do an interview in a spare bedroom of his own home. He says in his email that he was shocked to witness the investigating officer, when speaking with the NFSP representative, telling him to “fucking shut up”. At the time, he thought for that reason that the NFSP representative was on his side, but he now thinks that it was all a scam—that the representative was pretending to be interested, to be befriending him, and to be representing him in that interview.