The BBC discovered that a Post Office prosecutor asked an expert witness to change his testimony to avoid making a damaging admission. Gareth Jenkins, a Fujitsu engineer, adjusted parts of a report about the Horizon IT system following advice from barrister Warwick Tatford. This altered evidence was used in the 2010 case against postmistress Seema Misra, who was wrongly imprisoned while pregnant.
Expert witnesses are required to produce impartial reports for court, regardless of their employer, according to Criminal Procedural Rules in England and Wales. Lawyers are responsible for ensuring that experts understand these rules.
The Post Office has stated its commitment to addressing past injustices stating: "focused on righting the wrongs of the past".
Gareth Jenkins, formerly the chief IT architect at Fujitsu, is one of just two individuals linked to the Post Office scandal potentially facing legal consequences. The Metropolitan Police are investigating him for possible perjury.
The BBC obtained full versions of Mr. Jenkins' draft report, which raise new concerns about his testimony as an expert witness in 2010 and the possible influence of a Post Office lawyer on him.
Legal experts emphasize the significance of Mrs. Misra's trial in demonstrating the integrity of the Horizon system. Professor Richard Moorhead, an expert in law and ethics at 'the University of Exeter, notes that it was one of the few instances where Horizon faced scrutiny in a criminal trial.
Draft versions of Gareth Jenkins' report indicate that Warwick Tatford advised him to take a stronger stance on certain technical issues raised by Professor Charles McLachlan, an expert witness for Mrs. Misra's defense team.
In an early draft statement dated October 6, 2010, Mr. Jenkins expressed uncertainty about the role of Horizon screens, suggesting he couldn't, definitively rule out problems accounting for some shortfalls. However, it was clarified during the ongoing public inquiry into the Post Office scandal that Mr. Jenkins intended to express absolute certainty, saying he could "100%"rule out issues with Horizon screens.
Mr. Tatford, in response, advised Mr. Jenkins to rephrase, cautioning that the original wording could be perceived as a significant admission of fault.
In his final written testimony, Mr. Jenkins asserted that no scenario had been presented suggesting losses due to poorly calibrated touch screens.
The changes to Mr Jenkins' expert report were not disclosed to the defence. Mrs Misra, whose conviction was quashed in 2021, said knowing the expert witness testimony had been changed "could have saved me, or it could have turned the case the other way round".
The Bar Standards Board, responsible for overseeing barristers, declined to provide specific comments on particular cases. Although certain aspects linked to the Post Office scandal have been brought to their attention for investigation, they clarified that any regulatory action would probably be
postponed until the inquiry had thoroughly examined all pertinent evidence.
Source: BBC
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