Mr Patrick Green QC will be representing the claimant Subpostmasters. Mr Anthony de Garr Robinson QC repping the Post Office.
* I am not expecting much action.
Also PO QC keen to keep Professor Charles McLachlan out of the picture (he was Seema Misra’s expert witness in her trial).
JFSA QC confirms the prof will not be called
Evidence of fact kept to a minimum and the court was to rely on expert evidence.
PO QC says about 12.
J The only real issues is how to treat Mr Henderson (@forensicgod) - you say he’s an expert by the back door.
PO QC: My lord we do.
PO QC says admitting the evidence when it isn’t properly challenged creates a problem, but allowing that challenge would extend the trial and
J so you’re saying he’s being called as a witness of fact, when in fact he’s making expert witness points.
JFSA QC “its much worse than that” - goes on to quote how this PO witness...
H trial is about: Bugs errors defects in Horizon and how H does or does not work. There are 15 of these issues and claimants and PO are allowed to call one expert witness each.
It doesn’t seem to me the concerns the PO has raised are either unusual or well-founded. J notes that PO has called witnesses of fact with vast amounts of expertise.
It will definitely start on 11 March. Half a day each for opening submissions. Then the rest of the first week will be taken with the cross-examination of claimants witnesses.
Third week the court will not sit cos Brexit.
PO QC wants to spend 4 days xe-ing Mr Coin - the claimants’ expert witness. Mr Coin has apparently uncovered 22 bugs in Horizon.
J not having any of it. Says its very unusual for anyone in the TCC courts to be on the stand for more than a day. Your request is excessive.
J notes that a while back this trial would take 6 months. We’re not going back to that.
I now in an ideal world each of you would like a week each, but you’re...
JFSA QC we’re asking for free days.
J I know and you’re not going to get it.
J okay - w/c 1 April we will sit 5 days and you will get 2.5 days each.
Anything you can’t put to the witnesses you can put in summary form in your closing argument. I am sure in 5 days of xe I will be very well informed and able to
J notes the IT experts for PO and JFSA are meeting this morning to agree a further joint statement. There’s no reason why they can’t meet again. They ought to be encouraged to agree as much as possible.