Author: Niall Hearty 17 January 2024
Law360 asked Niall Hearty for his thoughts on the Post Office scandal’s implications for private prosecutions.
The government has said it will examine the private prosecution rules after the Post Office wrongly prosecuted hundreds of innocent sub-postmasters for theft and false accounting as a result of faults with its own Horizon accounting software.
Niall said that the Post Office scandal should not lead to a "knee-jerk political reaction." He did, however, emphasise that the failings in the case – which included those prosecuting using tainted evidence and failing to comply with disclosure rules – raise questions about whether organisations should be allowed to investigate and prosecute alleged offending.
"Despite the incredible failures of the Post Office case, there remains a need — and indeed, a market — to pursue private prosecutions in cases where public authorities like the CPS decline to intervene"
Niall also argued that lawyers who are involved in private prosecutions may have to accept additional regulation and accountability as a result of the scandal.
The full article can be read here.
Niall has a wealth of corporate crime expertise and an ability to coordinate global bribery and corruption cases. His achievements in such investigations have made him a logical choice for corporate clients.