Architect of Horizon Post Office scandal demands immunity

The architect of the faulty Horizon IT system, who gave evidence used to convict sub-postmasters, has demanded immunity before agreeing to appear at the public inquiry.

Gareth Jenkins, who is understood to have been instrumental in developing the software as a senior computer engineer at Fujitsu, is under police investigation over his role in the Post Office scandal.

His testimony given in court cases that the Fujitsu IT system was working correctly was central to convictions and repeatedly used by Post Office lawyers.

Tracked down by The Telegraph to his home in Berkshire, Mr Jenkins, 69, said, when asked if he was sorry for what had happened: “I don’t want to talk. I don’t have anything to say to you.”

Cannot be used against him

Mr Jenkins has twice sought a guarantee that any testimony he gives to the inquiry cannot be used against him in any possible prosecution and his testimony has also been delayed twice.

On Tuesday, Paula Vennells, the former Post Office chief executive who presided over the scandal, said she was handing back her CBE and she was “truly sorry for the devastation” wreaked on sub-postmasters wrongly prosecuted and convicted. It also emerged that in 2017 she was considered for the role of Bishop of London.

Mrs Vennells said in a statement: “I have so far maintained my silence as I considered it inappropriate to comment publicly while the inquiry remains ongoing and before I have provided my oral evidence.

“I am, however, aware of the calls from sub-postmasters and others to return my CBE. I have listened and I confirm that I return my CBE with immediate effect.”

Adam Crozier, the CEO of Royal Mail between 2003 and 2010 when it owned the Post Office, also issued a statement saying he felt “deeply sorry for those whose lives were ruined by what happened” but denied any involvement.

Sir Ed Davey, the Liberal Democrat leader who was the Post Office minister at the time, is now under pressure to return his knighthood.

Prosecutions brought by the CPS

The Telegraph can also disclose that at least 27 prosecutions were brought by the Crown Prosecution service – as opposed to the Post Office – raising serious questions about whether Sir Keir Starmer, the Labour leader, oversaw a number of wrongful convictions during his five-year tenure as director of public prosecutions between 2008 and 2013.

Mr Jenkins had been due to give evidence to the public inquiry twice. But in each occasion it was postponed including as recently as November 2023, when the Post Office disclosed 3,045 documents on the evening before he was due to give evidence. Sources have speculated that the release of the documents was timed to prevent Mr Jenkins giving evidence.

The Metropolitan Police confirmed last week it was investigating “matters concerning Fujitsu Horizon and the Post Office… into potential offences of perjury and perverting the course of justice”.

The Met also announced it was investigating “potential fraud offences” as a result of the wrongful prosecutions of sub-postmasters. That includes an allegation the Post Office boosted its profits by recovering money from sub-postmasters falsely dragged through the criminal or civil courts.

The Telegraph understands that Mr Jenkins, who was chief Horizon architect at Fujitsu, told investigators as early as 2012 that the IT system designed for the Post Office could be accessed remotely by Fujitsu at its headquarters in Bracknell, Berks. But it would take until 2019 for the Post Office to admit that sub-postmasters’ computer systems could be accessed remotely, blowing a hole in the key prosecution argument that the system could not be tampered with and was failsafe.

Ian Henderson, a director of Second Sight, a forensic accountancy firm that first highlighted the unsafe convictions, told the BBC on Tuesday: “We were able to identify that there were bugs and defects in the Horizon system. This was disclosed to the Post Office by Fujitsu itself.

“I visited Fujitsu in September 2012 and met with the senior technical engineer and had a very detailed meeting looking at how they operated, what the problems were. It was at that meeting that Fujitsu disclosed to me that they routinely used remote access to branch terminals for troubleshooting purposes.”

The Telegraph has been told the senior engineer who briefed the Second Sight team was Mr Jenkins. Prosecutions were not halted until 2015.

Documents forced a postponement

Mr Jenkins was first due to give testimony to the inquiry on July 6 2023 but on the eve of his evidence the Post Office produced 5,000 documents it said had just come to light. The appearance was rescheduled for November 2023 but again more than 3,000 documents were found by the Post Office, this time days beforehand, forcing the postponement.

Mr Jenkins has twice requested that Sir Wyn Williams, the inquiry chairman, ask the Attorney General to grant him immunity from any comments he makes during evidence to the inquiry from being used against him in a court of law in any possible future criminal proceedings.

Both times, Sir Wyn has refused his request. In October 2023, Sir Wyn said he would not be seeking an undertaking from the Attorney General that “would restrict the use in criminal proceedings of evidence given to the inquiry, as requested by former Fujitsu engineer, Gareth Jenkins”.

He added: “I am satisfied that Mr Jenkins has not been the victim of unfairness as yet and I am determined that he should not become the victim of unfairness as the work of the inquiry progresses.”

Politicians have demanded that Mr Jenkins be made to give evidence.

Kevan Jones, the Labour MP and member of the Horizon Compensation Advisory Board, said; “Gareth Jenkins should appear before the public inquiry. The inquiry sees him as a key witness and therefore he should give evidence. If he doesn’t appear then he should be made to appear. What has been amazing this week is deafening silence from Fujitsu as a company. They need to come forward and explain what their role has been in all this.”

David Davis, the former Tory cabinet minister who has been pushing for justice for the sub-postmasters, said: “He should appear and give evidence. I can’t think in what world he imagines he should get immunity given the fact of the matter is we’re going to have to investigate what happened.  

“We can’t give immunity just because people are going to give evidence to the public inquiry. Giving evidence is a requirement of their involvement in this case.”