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CMS
Law.Tax
(MS Cameron McKenna LLP
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British Broadcasting Corporation London EC1A 40D
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URGENT Direct...
NOT FOR BROADCAST E susan.barty,
9 December 2014
Your ref By Fax - 020 8008 2210
Our ref SCB/SCB/MIT/111850.00038
Dear Sirs
The One Show — Post Office Limited
We act for Post Office Limited and have been consulted in connection with a proposed broadcast for the
One Show which we understand is due to be broadcast on Wednesday 10 December 2014, featuring our
client and its Horizon computer system.
Our client is still unclear as to the allegations which are to be made against it in the programme, despite
various exchanges of correspondence. As you are well aware, under your own Editorial Guidelines and
the Ofcom Broadcasting Code, if there are any allegations of wrongdoing or incompetence, or other
significant allegations, our client should normally be given an appropriate and timely opportunity (or,
under the BBC Guidelines, a “fair” opportunity) to respond. There can be no reason why our client
should not be given such an opportunity in this case. Until our client has been notified of any and all
allegations which are proposed to be made, our client reserves its right to submit further statement(s) by
way of response. Please ensure that, should the programme go ahead featuring our client, our client’s
position in relation to any such allegations is properly and fairly represented.
The mediation process which has been ongoing and which was agreed between our client and the other
parties, including the various individual subpostmasters, is subject to confidentiality obligations on all
sides. As has been made clear to the BBC, our client takes these obligations very seriously and,
notwithstanding any information which may have been imparted to the BBC by other parties to the
mediation process, is therefore unable to comment on any individual cases. There are, however,
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important issues which need to be taken into account and which should be properly reflected in any
broadcast in order that our client’s position is fairly represented.
Any reference to the Horizon system clearly needs to be seen in the context of some 6 million different
transactions conducted through the system every day, and the tens of thousands of people in the different
subpostoffices who carry on their businesses using the system with no difficulty and with no such issues
arising. This important issue should be made clear in the event of the programme featuring our client.
Our client, of course, understands the emotional and financial effect on the individual subpostmasters.
However, our client had a clear duty to investigate the various shortfalls at the individual post offices, a
number of which were substantial. Any broadcast should make clear that our client had such a duty.
Nevertheless, it was partly with a view to addressing the personal impact of these matters on the
individuals and to address the concerns which had been raised by the Justice for Subpostmasters Alliance
and MPs representing subpostmasters, that our client set up its Complaints and Mediation Scheme, with
the former Lord Justice of Appeal, the Right Honourable Sir Anthony Hooper, as the independent Chair.
Our client also commissioned an independent review of the Horizon system, which has found no systemic
faults with the system.
Of those subpostmasters who applied to the Scheme, in the region of one-quarter were convicted. In
relation to those with convictions, the individuals, with the benefit of legal advice, either pleaded guilty to
criminal charges or, in a very small number of cases, the judge and jury heard evidence from the
individual subpostmaster concerned. In one case, the evidence included expert opinion from Charles
McLachlan, one of the experts who we understand is intended to be featured in the programme. Having
heard and considered all the evidence, the jury found the defendants to be guilty. Further, it is, of course,
the relevant judge, having heard the facts and the evidence, who passes sentence.
Any broadcast which does not fully reflect these issues is likely to cause serious harm to our client, and is
likely to result in serious financial loss. In this respect, there can be no doubt that the individual
subpostmasters are not neutral, independent sources, but will clearly each have an axe to grind. As such,
their stories should be treated with real caution.
All of our client’s rights are reserved. —
Yours faithfully.
CMS Cameron McKenna LLP
Cc Jane French, Editor — Current Affairs BBC South (by email)
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