Sir Wyn Williams gives second ruling on witness request for undertaking from Attorney General

Chair responds to request to review previous refusal

The Chair of the Post Office Horizon IT Inquiry has said he will not seek an undertaking from the Attorney General that would restrict the use in criminal proceedings of evidence given to the Inquiry, as requested by former Fujitsu engineer, Gareth Jenkins.  

Mr Jenkins is due to give evidence before Sir Wyn Williams over four days from 30 November 2023. His legal representatives asked the Chair to review his previous refusal to apply for an undertaking after his oral evidence session in July 2023 was postponed.  

In making his decision, Sir Wyn has reviewed submissions from legal representatives of core participants to the Inquiry, Counsel to the Inquiry, and legal representatives of Mr Jenkins.  

He has considered whether the granting of an undertaking is necessary for him to deliver on the Inquiry’s Terms of Reference, and writes “in Ruling 1, I expressed the view that such are the other sources of evidence available to the Inquiry in relation to phase 3 that it was not necessary to seek an undertaking from the Attorney General in order that I would be in a position to fulfil the Inquiry’s Terms of Reference. There has been no alteration in circumstances in relation to availability of evidence which leads me to a different view.” 

The Chair says he is satisfied that the Inquiry holds significant evidence from other parties about the knowledge, conduct and activities of Mr Jenkins. 

Sir Wyn also explains why he disagrees that he should follow the actions of other Inquiry chairs who have sought undertakings.

In his ruling, Sir Wyn says “I am satisfied that Mr Jenkins has not been the victim of unfairness as yet and I am determined that he should not become the victim of unfairness as the work of the Inquiry progresses.” 

Read Sir Wyn’s full ruling here.


Notes to editors: 

  1. Sir Wyn’s ruling on Mr Jenkins’ previous request for an undertaking is published here