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From: Jane MacLeod <_
To: Tom Beezer
Ce: Andrew Parsons < GRO >, Rodric Williams
Subject: recusal
Date: Wed, 20 Mar 2019 07:13:55 +0000
Importance: Normal
Tom
TI have been asked to see whether an approach along the following lines (as an alternative to recusal) would
be possible procedurally:
“1, inform the judge that the company is appealing on the law and unfair procedure
2. ask the judge to stop the Horizon trial until the outcome of the appeal is determined on the grounds that if
the unfairness claim is upheld it would also put the fairness of the Horizon trial at risk
3. If the judge refuses 2, seek and order from a higher court to the same effect and ask the judge at least to
stop the Horizon trial until such an order can be obtained (or not)
Tf the remedy in 3 is sought but isn’t obtained we will at least have tested the relevance and implications of
unfairness issues on the second trial. And effectively a higher court will have told us that any unfairness in
the first trial would not impact the Horizon trial (obviously contrary to POL’s view).
If the remedy in 3 doesn’t exist in law then recusal would be an alternative at that point. It seems to me the
judge’s refusal to agree to 2 would support a recusal application as he would be unwilling to accept that if
unfairness took place in the first trial the nature of it would necessarily affect the conduct and fairness of the
Horizon trial - a view which logically suggests bias as it is absurd.”
Could we please test this with the Counsel team? It may have the outcome that the judge is asked to recuse
himself, but not necessarily. And seems to assume that we could get an appeal quite quickly, which must be
uncertain. I’m also not sure that the logic in 2. holds up, and 3 means arguing procedural unfairness without
(necessarily) arguing mis-application of the law ete.
Thanks,
Jane
Jane MacLeod
Group Director Legal, Risk & Governance
Post Office
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