Essilt Carr,Business reporter, London
A woman who was the Post Office's most senior in-house lawyer when it fought a landmark court case brought by Alan Bates and other sub-postmasters has been challenged by BBC News in Australia for refusing to attend hearings into the Horizon scandal.
The BBC interviewed Jane MacLeod, who served as general counsel for the Post Office from 2015 to 2019, as she was walking her dog outside her Sydney home.
She replied “no comment” when asked why she wasn't appearing. She was scheduled to testify this week.
“It's not surprising, but it says a lot,” said Joe Hamilton, one of the former subpostmasters who was wrongly convicted. “If she had made the decision to cooperate with the investigation, she would have been there,” she added.
“Key witness”
Jane MacLeod was born in Australia and returned to live there in 2020.
Last month Sir Wyn Williams, chairman of the Post Horizon IT inquiry, revealed that Mr MacLeod had given a witness statement but, despite being invited to give oral evidence, decided not to do so.
The inquiry said that this was because Ms McLeod's lawyers considered a written statement to be the best evidence she could provide, given the passage of time.
Mr MacLeod has not responded to the BBC's requests for comment since then.
Even before seeing Ms MacLeod's written evidence, Lord Wynne said she was a “key witness” and he wanted to hear her in person.
He added that despite an offer to cover his travel and accommodation costs, McLeod “has made it clear that he will not cooperate with the investigation by giving oral evidence either in person or via video conference.”
However, Sir Wynne explained that because she lives overseas, their options to enforce her attendance were limited.
Under the Investigations Act 2005, witnesses can be legally compelled to give evidence, but this only applies to British nationals.
In a written statement to the inquiry, Mr MacLeod said: “I am keenly aware that the decisions in relation to the class action lawsuit in which I was involved during my time at Post Office Limited and the Horizon performance and health review have had an impact on many sub-postmasters and their families.”
She added: “We regret that this occurred and apologise to those affected for any adverse consequences.”
“Completely wrong.”
Jane MacLeod was general counsel to the Post Office during the period when the Post Office fought the Deputy Postmaster General in court in a landmark case led by Alan Bates.
Testifying last month, former Post Office Commissioner Paula Vennells was asked by Sam Steyn KC for a list of people who had let her down and named Jane MacLeod as one of the senior executives she trusted to provide information.
Mr Vennells also spoke about asking Mr McLeod why he was pursuing legal action against the subpostmaster-general, saying he felt it was “completely wrong”.
Mr MacLeod initially told the inquiry he suggested the Post Office was likely to settle the case, but has since said he believes a trial is the “only way out”.
Earlier this year, BBC investigation reveals documents In 2017, the Post Office showed it had evidence that the losses could have been due to errors or remote tampering with the Horizon IT system.
Following the report in March, Jane MacLeod told the BBC that she supported and co-operated with the ongoing public inquiry into the Post Office scandal.
