EWJ FEB 59 2025 web - Flipbook - Page 10
Equally, companies must admit wrongdoing under
their watch, avoid taking on the ill-suited role of
prosecutor and fulfill their duty of care to employees,
instead of seeking to pay a fine and remaining silent.
Gerald Frost is an author and former director of the
Danube Institute. The opinions expressed are those of
the author(s) and do not necessarily reflect the views of
their employer, its clients, or Portfolio Media Inc., or
any of its or their respective affiliates. This article is for
general information purposes and is not intended to be
and should not be taken as legal advice.
As we have seen, this latter approach is very likely to
result in major reputational damage to the companies
involved as well as egregious miscarriages of justice
that shame those who could have prevented them.
References
[1] Malkinson, R. v [2023] EWCA Crim 954.
[2] https://www.theguardian.com/uk-news/2023/aug/15/police-and-cps-had-key- dna-evidence-16-years-before-andrew-malkinson-cleared-of-rape.
[3] https://www.bbc.co.uk/news/uk-66513959.
[4] https://ccrc.gov.uk/news/ccrc-response-to-coa-judgment.
[5] Bates & Ors v Post Office Ltd ((No.3) "Common
Issues") [2019] EWHC 606.
[6] Bates & Ors v the Post Office Ltd (No 6: Horizon
Issues) (Rev 1) [2019] EWHC 3408.
[7] Ibid, para. 960.
Expert Evidence prepared a report on the Hayes case
back in 2017 and was in communication with the
CCRC about their decision two years ago.
Post Script: Since this article was written in September
2023, Helen Pitcher at the CCRC has resigned following criticism over the Malkinson case, and in the
LIBOR prosecutions, Hayes' appeal was heard and
rejected in March 2024 but will now be considered by
the Supreme Court in March 2025
[8] USA v. Connolly , case number 19-3806, in the U.S.
Court of Appeals for the Second Circuit.
Authors
Thomas Walford is chairman
and CEO of Expert Evidence
International Limited.
[9] https://ccrc.gov.uk/news/tom-hayes-libor-referred/.
[10] Rigged: The Incredible True Story of the Whistleblowers Jailed after Exposing the Rotten Heart of the Financial
System, Andy Verity, Flint, 2023.
Website:
www,expert-evidence.com/
[11] https://www.postofficehorizoninquiry.org.uk.
[12] https://www.lawgazette.co.uk/news/chalk-announcesindependent-inquiry- into-malkinson-miscarriage/51170
43.article.
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