Sir Ed Davey and the Post Office scandal

Sir Ed Davey and the Post Office scandal

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Mrr T

12,423 posts

267 months

Monday 5th February
quotequote all
Condi said:
Mrr T said:
If by the judicial system you mean the court and those who represented both sides in court. They seem to have acted properly.
Well, the prosecution lawyers presented (or were presented with) false evidence and failed to disclose everything to the defence teams about known issues with Horizon.

But yes, the courts came to the "correct" conclusion with the evidence presented, albeit that evidence was incorrect.
The PO lawyers might have known of the issues but there is no evidence the barristers acting for the PO knew. Indeed, they did not need to present any evidence about the system because the law said systems should be assumed to be reliable.

irc

7,580 posts

138 months

Monday 5th February
quotequote all
Mrr T said:
The PO lawyers might have known of the issues but there is no evidence the barristers acting for the PO knew. Indeed, they did not need to present any evidence about the system because the law said systems should be assumed to be reliable.
Surely defence lawyers would have been told by their clients that the computer was faulty and would have questioned the reliability of it?

Legal assumptions are often made but can be questioned if appropriate.

Mrr T

12,423 posts

267 months

Monday 5th February
quotequote all
irc said:
Mrr T said:
The PO lawyers might have known of the issues but there is no evidence the barristers acting for the PO knew. Indeed, they did not need to present any evidence about the system because the law said systems should be assumed to be reliable.
Surely defence lawyers would have been told by their clients that the computer was faulty and would have questioned the reliability of it?

Legal assumptions are often made but can be questioned if appropriate.
The legal assumption set out in Youth Justice and Criminal Evidence Act 1999 means it up to the defence to prove the system is not reliable. I am sure the PM told their lawyers of their concerns but with no evidence there would be nothing they could do.

Wills2

23,344 posts

177 months

Monday 5th February
quotequote all
irc said:
Mrr T said:
The PO lawyers might have known of the issues but there is no evidence the barristers acting for the PO knew. Indeed, they did not need to present any evidence about the system because the law said systems should be assumed to be reliable.
Surely defence lawyers would have been told by their clients that the computer was faulty and would have questioned the reliability of it?

Legal assumptions are often made but can be questioned if appropriate.
The PO board knew, the PO lawyers knew, their insurers knew, the investigators knew, the government knew, the suppliers knew, everyone involved knew the system to be unreliable.

For magic circle defence teams to rely on well no one told us won't wash.




Edited by Wills2 on Monday 5th February 10:07

Bonefish Blues

27,376 posts

225 months

Monday 5th February
quotequote all
Mrr T said:
irc said:
Mrr T said:
The PO lawyers might have known of the issues but there is no evidence the barristers acting for the PO knew. Indeed, they did not need to present any evidence about the system because the law said systems should be assumed to be reliable.
Surely defence lawyers would have been told by their clients that the computer was faulty and would have questioned the reliability of it?

Legal assumptions are often made but can be questioned if appropriate.
The legal assumption set out in Youth Justice and Criminal Evidence Act 1999 means it up to the defence to prove the system is not reliable. I am sure the PM told their lawyers of their concerns but with no evidence there would be nothing they could do.
The evidence we have heard was withheld or partially disclosed such that necessary evidence was suppressed.

520TORQUES

5,098 posts

17 months

Monday 5th February
quotequote all
Mrr T said:
If by the judicial system you mean the court and those who represented both sides in court. They seem to have acted properly.

Edited by Mrr T on Monday 5th February 06:54
They don't, and some of them have admitted they didn't and have apologised whilst giving evidence.

Warwick Tatford, the barrister in the Misra case apologised multiple times. He stated he was ashamed by his actions.

dmsims

6,601 posts

269 months

Monday 5th February
quotequote all
https://richardmoorhead.substack.com/p/the-sorry-t...

520TORQUES said:
They don't, and some of them have admitted they didn't and have apologised whilst giving evidence.

Warwick Tatford, the barrister in the Misra case apologised multiple times. He stated he was ashamed by his actions.

pork911

7,296 posts

185 months

Monday 5th February
quotequote all
Wills2 said:
irc said:
Mrr T said:
The PO lawyers might have known of the issues but there is no evidence the barristers acting for the PO knew. Indeed, they did not need to present any evidence about the system because the law said systems should be assumed to be reliable.
Surely defence lawyers would have been told by their clients that the computer was faulty and would have questioned the reliability of it?

Legal assumptions are often made but can be questioned if appropriate.
The PO board knew, the PO lawyers knew, their insurers knew, the investigators knew, the government knew, the suppliers knew, everyone involved knew the system to be unreliable.

For magic circle defence teams to rely on well no one told us won't wash.




Edited by Wills2 on Monday 5th February 10:07
magic circle defence teams?

Wills2

23,344 posts

177 months

Monday 5th February
quotequote all

I can only assume that Mrr T hasn't really been following the inquiry or reading the law society gazette with regards to the part played by the prosecution in the criminal cases and the PO defence lawyers in the high court cases.

If the defence is that the gaggle of incompetent dullards that are the PO board and their "investigation teams" (I use the word investigation in the widest sense) managed to pull the wool over some of the most highest paid and eminent lawyers in the country then I have a bridge to sell him and some magic beans.

I don't think the outcome will be prison for those who are proven to have acted improperly and the old tie network will be working in overdrive, however it will become clear that greedy law firms acted unethically and broke the rules, putting the billing of hours above justice, their part in this will I feel be shown to have been motivated by greed.






Wills2

23,344 posts

177 months

Monday 5th February
quotequote all
pork911 said:
Magic circle defence teams?
The top law firms in the country are named as belonging to the "magic circle" the best that money can buy.

https://www.chambersstudent.co.uk/law-firms/types-...



Mrr T

12,423 posts

267 months

Monday 5th February
quotequote all
Wills2 said:
I can only assume that Mrr T hasn't really been following the inquiry or reading the law society gazette with regards to the part played by the prosecution in the criminal cases and the PO defence lawyers in the high court cases.

If the defence is that the gaggle of incompetent dullards that are the PO board and their "investigation teams" (I use the word investigation in the widest sense) managed to pull the wool over some of the most highest paid and eminent lawyers in the country then I have a bridge to sell him and some magic beans.

I don't think the outcome will be prison for those who are proven to have acted improperly and the old tie network will be working in overdrive, however it will become clear that greedy law firms acted unethically and broke the rules, putting the billing of hours above justice, their part in this will I feel be shown to have been motivated by greed.
I have followed the inquiry and even read some of the judgements and many blogs.

As a result I can know the difference between the various trials, some criminal some civil, and the enquiry.

My comment was in response to one about the failures of the judiciary. Which I view as incorrect.

There is a link above reviewing the testimony of one barrister from a criminal trial. The writer does suggest the barrister may have fallen short of professional standards. But there's a lot of maybe, and seems to, so let's see if there I want referral to the BSB. There is a!so no mention of the assumption of reliability.

As for firms who advised the PO during the enquiry. They do have ethical standards to maintain but there job is to represent their client.

520TORQUES

5,098 posts

17 months

Monday 5th February
quotequote all
Mrr T said:
I have followed the inquiry and even read some of the judgements and many blogs.

As a result I can know the difference between the various trials, some criminal some civil, and the enquiry.

My comment was in response to one about the failures of the judiciary. Which I view as incorrect.

There is a link above reviewing the testimony of one barrister from a criminal trial. The writer does suggest the barrister may have fallen short of professional standards. But there's a lot of maybe, and seems to, so let's see if there I want referral to the BSB.

As for firms who advised the PO during the enquiry. They do have ethical standards to maintain but there job is to represent their client.
You are a lost cause. Consistent, but consistently blind to the evidence.

Digga

40,565 posts

285 months

Monday 5th February
quotequote all
Wills2 said:
pork911 said:
Magic circle defence teams?
The top law firms in the country are named as belonging to the "magic circle" the best that money can buy.

https://www.chambersstudent.co.uk/law-firms/types-...

The sort of jackals big organisations recruit to utterly, knowlingly anihilate legal claims from smaller firms or private individuals. The PO and the magic circle knew what their aim was. Blow legal budget before they are able to get a decent settlement. It was clear in this case that the tactic very nearly worked.

Mrr T

12,423 posts

267 months

Monday 5th February
quotequote all
520TORQUES said:
Mrr T said:
I have followed the inquiry and even read some of the judgements and many blogs.

As a result I can know the difference between the various trials, some criminal some civil, and the enquiry.

My comment was in response to one about the failures of the judiciary. Which I view as incorrect.

There is a link above reviewing the testimony of one barrister from a criminal trial. The writer does suggest the barrister may have fallen short of professional standards. But there's a lot of maybe, and seems to, so let's see if there I want referral to the BSB.

As for firms who advised the PO during the enquiry. They do have ethical standards to maintain but there job is to represent their client.
You are a lost cause. Consistent, but consistently blind to the evidence.
I am consistently prepare to read the evidence and understand hindsight is not necessarily evidence of wrong doing.



520TORQUES

5,098 posts

17 months

Monday 5th February
quotequote all
Mrr T said:
I am consistently prepare to read the evidence and understand hindsight is not necessarily evidence of wrong doing.
Evidence of wrongdoing is evidence of wrongdoing, and there are thousands of documents and many witness statements and testimonies which provide this evidence.

FiF

44,435 posts

253 months

Monday 5th February
quotequote all
520TORQUES said:
Mrr T said:
I have followed the inquiry and even read some of the judgements and many blogs.

As a result I can know the difference between the various trials, some criminal some civil, and the enquiry.

My comment was in response to one about the failures of the judiciary. Which I view as incorrect.

There is a link above reviewing the testimony of one barrister from a criminal trial. The writer does suggest the barrister may have fallen short of professional standards. But there's a lot of maybe, and seems to, so let's see if there I want referral to the BSB.

As for firms who advised the PO during the enquiry. They do have ethical standards to maintain but there job is to represent their client.
You are a lost cause. Consistent, but consistently blind to the evidence.
There's a difference between the barristers and the PO lawyers from what I can see. Barristers simply work with the information their client provides, and where they have not been provided with all the information that should have been disclosed. If the barristers stands up and argues a case on the basis of evidence which turns out to be a complete fabrication they are not personally committing any offence or misconduct unless they actually knew for sure it was a load of old untrue flannel.

Hypothetically if they conducted a case where a significant part of the evidence centred around the claim that nobody else was suffering these problems, then were instructed on another case(s) with the same approach at some point anyone reasonable would raise questions on the validity of the claim.

Imo there's definitely evidence for PO lawyers to be referred to professional standards. As for criminal not sure, devil in detail there.

This discussion is better for the main thread as it has bugger all to do with Davey, plenty more politicians with more to explain.

520TORQUES

5,098 posts

17 months

Monday 5th February
quotequote all
FiF said:
There's a difference between the barristers and the PO lawyers from what I can see. Barristers simply work with the information their client provides, and where they have not been provided with all the information that should have been disclosed. If the barristers stands up and argues a case on the basis of evidence which turns out to be a complete fabrication they are not personally committing any offence or misconduct unless they actually knew for sure it was a load of old untrue flannel.

Hypothetically if they conducted a case where a significant part of the evidence centred around the claim that nobody else was suffering these problems, then were instructed on another case(s) with the same approach at some point anyone reasonable would raise questions on the validity of the claim.

Imo there's definitely evidence for PO lawyers to be referred to professional standards. As for criminal not sure, devil in detail there.

This discussion is better for the main thread as it has bugger all to do with Davey, plenty more politicians with more to explain.
Did you read the piece examining mr tatfords testimony?

FiF

44,435 posts

253 months

Monday 5th February
quotequote all
520TORQUES said:
Did you read the piece examining mr tatfords testimony?
Was talking generalities rather than one specific case.

Whilst Tatford clearly made some mistakes around disclosure of his own which in hindsight he now recognises, suspect that at the time his contacts at the PO were shady as.

520TORQUES

5,098 posts

17 months

Monday 5th February
quotequote all
FiF said:
Was talking generalities rather than one specific case.

Whilst Tatford clearly made some mistakes around disclosure of his own which in hindsight he now recognises, suspect that at the time his contacts at the PO were shady as.
It's not one specific case, it's everywhere.

Have you read the piece on tatford? His actions are clear. His hindsight is an exercise in saving his reputation in the light of the evidence.

OutInTheShed

8,051 posts

28 months

Monday 5th February
quotequote all
Mrr T said:
The legal assumption set out in Youth Justice and Criminal Evidence Act 1999 means it up to the defence to prove the system is not reliable. I am sure the PM told their lawyers of their concerns but with no evidence there would be nothing they could do.
So, who is responsible for this act becoming law?

And what other cases might have miscarried because of it?