Post Office lawyer who successfully prosecuted sub-postmaster writes public apology

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.”

Reference

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