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WITNESS: TIMOTHY BURGESS
STATEMENT NUMBER: WITNO187_01
EXHIBITS: 0
DATED: Jan 14, 2022
POST OFFICE HORIZON IT INQUIRY
FIRST WRITTEN STATEMENT OF MR TIMOTHY BURGESS
THIS STATEMENT IS PROVIDED IN RESPONSE TO THE RULE 9 REQUEST OF
THE PUBLIC INQUIRY DATED 29/10/2021 TO ADDRESS THE HUMAN IMPACT OF
THE FAILINGS OF THE HORIZON IT SYSTEM
I, MR TIMOTHY BURGESS, Date of Birthh GRO I
“will say as follows:-
PERSONAL BACKGROUND
1. I started my working life in Butchery before being accepted into the RAF
when I was 19.
2. I stayed in the RAF for approximately 6 years and during this time I met my
now wife, ¢ RO! in 1991. We met at the pub her Father owned, but didn’t
start dating until 1992.
3. I left the RAF and: GRO and I went travelling before returning to England
after the birth of our eldest child,; GRO
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4. We initially moved to Manchester, bi asn’t happy, SO we moved
back to Catterick in 1995.
5. After returning to England, my Father-in- Law supported me through an
access course in Engineering and a subsequent degree that I completed in
1999.
6. Luckily, I found employment the day after passing my course.
7. Prior to moving to work for the Post Office, I was a Site Manager for a
construction company, working primarily in the water industry throughout the
UK.
8. I loved my job and had a lot of responsibility, but this meant that I also
worked away a lot.
9. We had a second child, ‘GR
} and therefore needed additional care.
GRO in 2004.
POST OFFICE HISTORY
13. When I returned to the village, I worked as a post man for approximately 18
months.
14; GRO then heard that the Post Office was for sale so we decided this would
be a good option for us.
15. We bought the Post Office to give us a more balanced work and family life.
ad worked in a Post Office some years before, but it was all new to
me.
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The Post Office was number 29 on the High Street and was essentially a
converted living room at the bottom of our house.
We also ran a café that was number 27 on the High Street. Our house
wrapped around both businesses.
I became a Sub-Postmaster of the Catterick Village Branch of the Post
Office on 5" June 2006.
Before officially starting my role as Sub-Postmaster I had eleven days
training at Durham Crown Office, which didn’t seem adequate. The training
focused mainly on sales of products rather than the Post Office and Horizon
daily procedures.
After starting my role as Sub-Postmaster and, having had the training on the
Horizon system, we started seeing issues. I knew that we were missing
money, but I did not know how or why.
We would contact the helpline daily for approximately the first 6 months but
once I became more confident, I would just make good the shortfall rather
than calling the Helpline as they couldn’t help.
I feel like I was lured into a false sense of security - the Helpline made it
sound like it was normal to have balancing issues and made me think that it
was common to pay small amounts into the system.
However, when the issues became more frequent, it started to get worrying
and the Helpline could not offer any further help at all. It was so frustrating
when calling them and I feel they didn’t care about my situation. I wasn’t
being listened to.
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25.
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I sought advice from the National Federation of Sub-Postmasters after the
shortfall was discovered and they advised me that it would be in my best
interests to resign instead of my employment being terminated.
I resigned from the Post Office on 5" July 2010.
I first became aware of other people having issues with Horizon after my
mother-in-law alerted me to a local news report she saw. It was a piece
about employees and former employees of the Post Office meeting up at a
JFSA event to discuss their experiences with the Horizon system. I attended
the meeting and couldn't believe the amount of people who had been
through such a similar experience to me.
CRIMINAL ALLEGATIONS AND ANY PROCEEDINGS/CONVICTION
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Following an Audit on 1 July 2010, a shortfall in the sum of £7,525.65 was
found.
I was subsequently suspended and I later resigned on 5" July 2010, on the
advice of the National Federation of Sub-Postmasters.
The Post Office sought to prosecute me for Theft and False Accounting.
On 218 February 2011 I received a summons through the post for me to attend
Northallerton Magistrates Court on 11" April 2011. The hearing was then
adjourned until 18" May 2011.
I then received a letter on 18" May 2011 telling me that the case had been
transferred to the Crown Court. I later received a letter advising that the case
had been listed for a hearing at the Teesside Crown Court on 12" August
2011. I pleaded Not Guilty to the charges.
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33. The Judge said that he felt the case should have been dealt with at the
Magistrates Court but proceeded with the hearing.
34. On 15" August 2011 I received a letter confirming that the charges against me
had been reduced to False Accounting and that I had to appear at
Northallerton Magistrates Court on 1% September 2011 to allow for a pre-
sentence report to be completed.
35. I was given a Community Order for a period of 12 months and ordered to
carry out 120 hours of unpaid work.
36. I was also ordered to pay £500 towards the prosecution costs, to be paid within
6 months.
37. My conviction was quashed by the Court of Appeal on 23 April 2021.
THE HUMAN IMPACT
38. The human impact which the failings of the Horizon IT System have had and
continue to have upon me and my family are set out in the remainder of this
statement. The section headings follow the particular questions posed by the
enquiry.
WHAT WERE THE CONSEQUENCES OF BEING REQUIRED TO MAKE GOOD
APPARENT SHORTFALLS SHOWN BY THE HORIZON IT SYSTEM ?
39. My wife and I ran a café alongside the Post Office and we would take funds
from the café when we were short.
40. There were occasions that I had to turn away customers as there was no
cash in the safe; this resulted in us either losing their custom or they would
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have to come back when the cash had been delivered, both of which
impacted our trade.
41. It was upsetting to watch our thriving cafe bail out Horizon issues time and
time again.
WHAT WERE THE COSTS OF MAKING GOOD ALLEGED SHORTFALLS
SHOWN BY HORIZON?
42. As stated above, my wife and I would take money from our cafe business in
order to correct the balance shown on the Horizon system.
43. My wife and I were leasing and running a pub from late 2007 and organised
for the installation of new fittings, amounting to around £4,000. When we left
the pub in January 2009, we were paid back the £4,000 and we used this
money to pay the alleged shortfalls, which were happening almost daily by
early 2009.
44. I also used savings and money from my own pocket to correct the Horizon
system. Eventually it got to the point where I could no longer afford to carry
this on and I stopped paying the shortfalls that the Horizon system showed.
45. I also borrowed £7,500 from my father-in-law to correct the balance on
Horizon, and paid this money back to him without interest.
HOW WERE YOU AFFECTED WHEN ALLEGED TO BE RESPONSIBLE FOR
SHORTFALLS OR DISCREPANCIES SHOWN BY THE HORIZON IT SYSTEM?
46. On 15 July 2010, two representatives from the Post Office attended to carry
out an audit. When they left for the night, they changed the alarm code so I
was unable to get back into the Post Office.
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The following morning one of the Post Office representatives attended again
and a shortfall of £7,525.65 was found.
We discussed the shortfall and I asked to count it myself. The figure was
correct.
I felt like a criminal who couldn't be trusted, and this hurt massively.
I had hoped that the Post Office would have my back as I had been in
contact with the Helpline on numerous occasions to tell them about the
issues I was having, but they were not interested.
All they were interested in was the money.
I felt like I was not valued as an employee or as a person.
I was interviewed under caution in November 2010. Throughout the
interview I was not represented as I was naive and thought I would not need
anyone.
I was so confused by the whole situation and had started to believe the Post
Office - that it must be my fault and so I admitted that it was down to my
negligence.
After the interview I was followed home by investigators who searched my
home for money and any relevant documents.
This was intrusive and embarrassing.
Prior to the accusations I felt like we were an important part of village life and
were well liked and respected as a family.
After I was accused, the Post Office had to close as there was no one to
take over.
We live in a small village, and I was the subject of a lot of gossip and anger
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60. The Post Office had been open for almost 100 years and people accused
me of killing the village Post Office.
61. I felt so guilty about this.
62. At the time I wanted to arrange a meeting at the Village Hall to explain to
everyone what had happened. I felt this would help people understand my
situation, but I couldn’t bring myself to do it.
63. It made me even more unhappy that I hadn’t been able to address this and
had just given up.
64. My mental health began to deteriorate. I became more and more withdrawn.
I felt ashamed and angry.
65. My sleep was disturbed significantly so I turned to!
try to help me sleep.
66. The f helped to block everything out.
67. I still have sleepless nights, where I can’t stop thinking about what
happened.
WHAT WERE THE CONSEQUENCES OF BEING HELD RESPONSIBLE FOR
SHORTFALLS AND DISCREPANCIES SHOWN BY THE HORIZON IT SYSTEM?
68. I became more and more wary of people. The only person I felt I could trust
was my wife,, GRO I
69. I stopped going out and my mood deteriorated.
70. I felt like I had to cope with this on my own, and to try and stay strong. I
didn’t visit my doctor as I’d always tended not to do this unless I really
needed to.
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I feel like I am a strong person, but I often felt like crying and sometimes I
did.
With on vent to, I became depressed and found it difficult to cope.
I relied on to calm me down and I used this as a form of self-
medication.
Throughout the investigation and after my conviction, I wasf
to help me relax and sleep.
WHAT EFFECT DID IT HAVE TO BE ACCUSED OF COMMITTING CRIMINAL
OFFENCES AS A RESULT OF SHORTFALLS AND DISCREPANCIES SHOWN
BY THE HORIZON IT SYSTEM?
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I felt humiliated by the situation I found myself in.
I knew I was innocent but had no way to prove this.
Despite how I felt. I needed to carry on and to support my family.
I felt anxious, which only got worse during and after the court hearings.
I tended to go through the events in my mind and replay some of the things
that had been said. When I had the court hearing almost a year after the
initial investigation things came back to me and I experienced flashbacks
The accusations about me were detailed in the newspapers, so once this
happened everyone knew about what was happening.
Following my conviction my community service involved painting at the
village halls in my local area.
Every Sunday I got picked up from bus stop and taken to Northallerton
where we were allocated a job. There were about 7 of us together doing
community service.
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The worst part was when I had to paint our own village hall.
Elderly members of the village passed the village hall whilst I was painting. I
knew they were all talking about me, and it felt awful.
It is soul destroying to see people you classed as friends and good
neighbours, apparently happy that I was being punished.
Prior to the accusations I had been outgoing and sociable. I mixed well and
made friends easily.
We had a lot of friends in the village, and I was trusted.
As a result of the accusations and subsequent conviction, I changed as a
person.
I felt extremely uncomfortable meeting people and was aware that people
were talking about me, even when I was there.
I would walk down the street and greet people and they would often just
outright ignore me.
You have to experience this to know how it feels.
I couldn’t imagine a future where things would improve and life would get
better.
I contemplated taking my own life but realised I could not do this to my
family.
WHAT WERE YOUR FINANCIAL LOSSES CAUSED BY ACTION TAKEN
AGAINST YOU IN RELIANCE UPON HORIZON DATA?
94.
Following my resignation, I had to take labouring work to try to keep us going
financially. Our Post Office was a standalone shop, which was within our
house. We converted the Post Office back into a proper part of the house.
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95. My income was severely impacted. I went from earning upwards of £30,000
per year in my role as Sub-postmaster, to earning as little as £30-£40 per
day doing some labouring jobs. This work was not regular, and I would often
be called the night before or the morning of when I was needed.
) was still running the café, but we were experiencing severe financial
difficulties.
97. I agreed to repay the shortfall by direct debit at a rate of £1,000 per month.
98. For some reason the final £1,000 was not collected.
99. The Post Office wrote to me advising that this was still outstanding, and my
Father-in-law gave us the money to continue to repay this by direct debit, in
the sum of £250 per month.
WHAT WERE THE CONSEQUENCES OF BEING CONVICTED OF A CRIMINAL
OFFENCE AS A RESULT OF SHORTFALLS AND DISCREPANCIES SHOWN BY
THE HORIZON IT SYSTEM?
100. After resigning from the Post Office, I managed to get work doing some
labouring for a friend from the village.
101. I was earning £30 per day so suffered a significant loss of earnings. Initially
I was just happy to have some work.
102. I still hoped that at some point I would be able to return to normal, well paid
employment.
103. In early 2011 I was invited to an interview with an Area Manager of a
company that specialised in trench support systems. I had got to know the
Area Manager on a previous contract and went along for what turned out to
be an informal chat to discuss me becoming an area representative.
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104. The role would have allowed me to work from home some of the time,
which would have been great for our family circumstances.
105.1 was told the job was mine but, when I had to complete a personal
information form requiring me to declare my conviction, the offer was
withdrawn.
106. Not only this but the Area Manager gave me a bit of a reprimand for not
telling him about this, which was mortifying.
107. This experience put me off applying for other positions and instead I carried
on labouring.
108.In 2017 I started a new job as a Groundworker, doing drainage and flagging
for a small local contractor.
109.1 have never been able to earn what I did at the Post Office because of my
conviction.
110.After my conviction we had to move onto an interest only mortgage as we
could not afford to stay on our repayment mortgage.
111.For three months we couldn’t afford to pay our mortgage and at that point we
got a letter in relation to repossession of the house.
112.Had it not been for my Father-in-Law supporting us, I do not know how we
would have coped.
113.When I took over the Post Office I had intended to retire at the age of 65. I
was 38 at the time and our mortgage was over 20 years so I expected to
have this paid off by 58, leaving us with 7 years of being interest free before
retirement.
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114. This appears unlikely now. We have managed to get back onto a repayment
mortgage, but only through the help of my Father-in-Law. It has 5 years
remaining.
WHAT EFFECT DID THESE ISSUES HAVE UPON YOUR RELATIONSHIPS WITH
YOUR FAMILY, FRIENDS, COLLEAGUES AND LOCAL COMMUNITY?
115.My daughter, found the situation most difficult to deal with. She
was only 15 and doing her GCSEs at the time.
116! GRO Iwas teased and people would make nasty comments to her.
117.She applied to Ripon Grammar for 6" form so she could get away from the
village, purely because of the accusations.
118. This was 30 miles away from where we lived but there were still people there
who knew about the case or had links to the village, so it did not make things
easier.
119. Because of this, “only stayed at Ripon Grammar for the first year.
120.Whilst at Ripon Gramma
going to Liverpool to do their degree, so she applied to a 6" form college
there, called South Sefton, again hoping to escape the area and the stigma
of the accusations.
her back by a whole year.
122.At one point after the Investigators had been,' GRO
This was devastating to me.
GRO
123.After the accusations and subsequent conviction, I idn’t talk to me
for a long time.
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124.When she did start talking to me it was in a very matter of fact way. She
would come home during the University holidays, but she was not warm,
loving or even friendly towards me.
125. It is only in the last 4 or 5 years that things have changed, and our
relationship has started to improve.
126.I have found this very difficult; prior to the shortfall issues, GRO jand I had
a very close relationship.
RO jis my rock. She has supported me throughout this ordeal. I
could talk to! GRO ‘when I couldn't talk to anyone else, but this has placed
added pressure on her too.
128
D and her dad were well known in the village and the way people have
treated us since the accusations is very upsetting.
129. She has had to put up with the whispers and dirty looks, but she has always
known that I was innocent and stood by me.
had to deal with this, but at the same time she has had to
deal with my low mood and anger. She’s had to cope with all of this whilst
working and looking after our son.
PLEASE DESCRIBE THE DIRECT AND INDIRECT EFFECT WHICH THESE
ISSUES HAD UPON THE MEMBERS OF YOUR FAMILY?
131.The accusations and subsequent conviction have affected my wider family
as well as my immediate family.
132. After my conviction my sister-in-law wanted to buy a pet shop in the village,
but this was blocked by the villagers purely because she was my Sister-in-
Law.
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133.This just added yet another layer of embarrassment and guilt on me. I could
not believe that I was standing in the way of someone else’s aspirations.
134.My sister became very distant from me
135.My Mother was very upset about the situation. She passed away in 2011
and I still feel incredibly upset that she might have taken to her grave the
belief that I had stolen from the Post Office.
136.1 never got the opportunity to redeem myself or be proven innocent legally
before my mother passed.
137.My wife has always been very supportive; she was in it with me and knew I
had not done anything wrong.
CONCLUDING REMARKS
138.My life started to improve when I realised that I was not the only person in
this position and was able to speak to people who had been through the
same thing.
139.1 am now trying to build a future for myself and my family.
140. Despite this, I still feel bitter about how unfair the system is and how I and
others have been treated.
141.1 feel like I have lost a significant chunk of my life and that I will never get
that time back with my family.
142.1 feel sad that this event has changed me and my family irreparably.
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Statement Of Truth
I believe that the facts stated in this witness statement are true.
Signed: Position Or
a Office Held:
Print Full Date of signature: Jan 14, 2022
Name: TIMOTHY BURGESS
FILE REFERENCE:
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