News

Exclusive: The legal flaw and trial by computer error

Published

2 years ago

January 5, 2024

EXCLUSIVE: The Herald exposes the legal flaw that led to injustice for Sub Postmasters by our Chief Writer, John Coles and The Herald.Wales Team

IMAGINE being arrested and charged with a crime.

Now, imagine that charge going to trial.

You have led a blameless life, been well-known in your community, and you are entirely innocent of the allegations you face.

You are convicted and sent to prison.

Meanwhile, the person who claims you stole from them takes steps to recoup its money and plunge you into bankruptcy. You lose your business, your home, and your good name.

And you are innocent.

And to make it worse, the person who claims you stole from them has good reason to believe you did not commit any theft and they have lost no money.

They have the evidence to cast doubt on your conviction, but it’s never disclosed to the court or your defence team.

It sounds like something out of fiction. It sounds like the beginning of the plot of The Fugitive.

But it’s real.

And it happened.

It happened here in Pembrokeshire and across the United Kingdom to hundreds of others.

TAXPAYERS FOOT POST OFFICE’S BILL

That is precisely what happened to sub-postmasters and sub-postmistresses when the Post Office covered up disastrous IT system failures.

And, make no mistake, the Post Office knew what it was doing at the time. It wasn’t a case when the evidence of a computer fault became obvious later.

The Post Office knew there were problems with the Horizon system supplied by Fujitsu. It commissioned reports showing the system was flawed. And Post Office senior management decided to bury them.

It’s an obscene abuse of power for which taxpayers will now foot the bill.

In September, the government announced that every Post Office Horizon scandal victim would receive £600,000 compensation.

Every sub-postmaster whose wrongful conviction relied on evidence from the Horizon computer system is entitled to the money, with “no ifs or buts”.

Eighty-six wrongful convictions have been overturned.

Many postmasters, wrongfully imprisoned for fraud or false accounting, were shunned by their communities or even took their own lives.

At least 30 of the victims have died before seeing justice done.

555 claimants took part in successful group litigation against the Post Office

The Post Office made puny offers to settle litigation with another 2,200 victims;

And the executives who oversaw this scandal have, by and large, walked away with large payoffs, large pensions, honours for their public service and into well-heeled retirement or other well-paid jobs.

A PROBLEM WITH PRESUMPTION

The deliberate failure to disclose evidence that tends to prove the innocence of the accused is – thankfully, despite exceptions and soap operas – seldom an issue in the UK’s courts.

But the accused in the Horizon scandal faced an even greater hurdle than failures in disclosure.
The law provides that evidence provided by a computer is accepted as true unless the accused can produce evidence showing its system is somehow flawed.

This is called “presumption”: something is deemed to be what it states it is on the tin (a functioning and accurate computer system in the Post Office case) unless evidence rebuts the presumption.
This makes sense only so long as a rebuttal is realistically achievable. If it is not, the presumption will inevitably lead to miscarriages of justice.

The more complex the computer system, the less accessible its technical data are, and the more the presumption weighs down on the wrongfully accused. Few barristers are sufficiently qualified in information technology to have more than a mechanical understanding of IT processes (I press a button, the computer turns on, open a computer program, and type a document). And, even if they did, barristers are not expert witnesses or Perry Mason.

THE INNOCENCE TAX

The limits of Legal Aid demonstrate the inequality of arms between the prosecution and defence in criminal cases. Prosecution barristers in criminal law might not earn the big bucks. Still, they’ll be on more than a defence barrister funded by Legal Aid. Prosecutors won’t have to apply for funding for expert witnesses or forensic accountants. The whole force of the state lies behind every prosecution barrister. In most criminal trials, an overworked Legal Aid defence practitioner instructs a barrister and hopes for the best.

And then there’s the “innocence tax”.

Suppose you are acquitted or acquitted after a successful appeal. In that case, you will almost certainly never recover the money you had to contribute to the costs of defending you. That can run into tens – if not hundreds – of thousands of pounds.

Let’s cut this down:

The Post Office knew or reasonably should have known its IT system was defective;

Despite that, it supported the prosecution of subpostmasters and pursued thousands more through the civil court;

Those convicted had no hope of successfully challenging the evidence against them because the law denied them that opportunity;

Those pursued and harried into bankruptcy were in the same position as those prosecuted;

Even when they were vindicated, all of the subpostmasters affected faced financial ruin due to the costs of proving they were not guilty of theft or liable for computer errors.

And if they were made bankrupt, the Insolvency Act means the first call on their compensation goes to their Trustee in bankruptcy.
Private Eye editor Ian Hislop once remarked: “If that’s justice, I’m a banana.”

The Chair of the Inquiry, Sir Wyn Williams KC, into the Post Office’s conduct has already reported on its conduct in damming terms and urged both it and the government to compensate those hit by the scandal now.

The Post Office and its executives oversaw the largest miscarriage of justice in modern times.
Those who presided over the cover-up must face the consequences of their actions and inaction. Those who knew the IT system was defective and connived at obscuring the truth must face criminal charges.

Community

Kurtz welcomes £4.3m National Lottery boost for local communities

Published

12 hours ago

March 19, 2026

Tom Sinclair

SAMUEL Kurtz MS has welcomed more than £4.3 million in National Lottery funding awarded to community projects across Carmarthen West and South Pembrokeshire since 2021.

Figures released by The National Lottery Community Fund show that £4,318,484 has been distributed through 122 grants in the constituency since the 2021/22 financial year, the same year Mr Kurtz was elected.

The funding has supported a wide range of grassroots charities, voluntary organisations and community groups through programmes including National Lottery Awards for All, offering grants of up to £20,000, and People and Places, which provides larger awards of up to £500,000.

Projects backed locally include mental health support for young people, environmental and sustainability initiatives, community workshops, outdoor wellbeing activities, support for vulnerable adults, and programmes aimed at building skills and confidence.

Among the organisations to benefit is Pembrokeshire Coast National Park Authority, which received £343,584 for its Routes to Discovery project, helping improve mental and physical wellbeing through accessible outdoor activities.

St Davids Diocesan Council for Social Responsibility was awarded £398,078 to deliver its Plant Dewi: Strengthening our Communities initiative, supporting families and local groups.

Other recipients include The VC Gallery, Redberth Croft CIC, The Tenby Project CIC and Neptune’s Army of Rubbish Cleaners, with funding supporting projects ranging from food initiatives and nature-based wellbeing to volunteering and environmental action.

Mr Kurtz said: “Community groups and charities across Carmarthen West and South Pembrokeshire do incredible work supporting people and strengthening local communities.

“It is fantastic to see more than £4.3 million of National Lottery funding invested in projects that are improving wellbeing, tackling isolation and creating opportunities for people of all ages during my time in office.

“The voluntary sector plays a vital role in our area, and this funding is helping organisations deliver projects that bring people together and make a real difference to people’s lives.”

The National Lottery Community Fund is the largest funder of community activity in Wales, supporting initiatives that bring communities together, promote environmental sustainability, help children and young people thrive, and improve health and wellbeing.

Organisations across Wales can apply for funding through the Awards for All and People and Places programmes to support projects that matter most to their communities.

Further information is available on The National Lottery Community Fund website.

Cymraeg

National Eisteddfod unveils legacy framework to boost Welsh language and communities

Published

12 hours ago

March 19, 2026

Tom Sinclair

A NEW national framework aimed at securing a lasting legacy from the National Eisteddfod has been published jointly by the festival’s organisers and the Welsh Government.

The plan sets out how the Eisteddfod’s impact will be strengthened before, during and after each annual event, bringing together partners from across education, community development, culture, the economy and the Welsh language sector.

While each Eisteddfod reflects the identity of its host community, the framework aims to ensure long-term benefits are consistently delivered nationwide, rather than limited to the festival period.

The legacy programme will cover a wide range of areas including education, inclusion, digital innovation, volunteering and economic development, with new national and local structures designed to coordinate delivery more effectively.

A national project board will oversee the strategy, setting direction and sharing best practice year-on-year. At a local level, a steering group will drive community-based work, helping turn the Eisteddfod into a catalyst for lasting change.

Cabinet Secretary for Finance and the Welsh Language, Mark Drakeford said the festival’s impact goes far beyond a single week.

“The Eisteddfod is far more than a week-long festival. It is a multi-year project that leaves a lasting legacy for the Welsh language and culture in the area,” he said.

“By bringing together partners from across key sectors, this framework will help deliver real and lasting change for our communities and support our ambition of reaching a million Welsh speakers by 2050.”

Nic Parry, President of the Eisteddfod Court and Chair of its Management Board, said the framework strengthens collaboration at both local and national level.

“It allows us to deliver on a long-held ambition to drive language planning through the lens of the National Eisteddfod,” he said.

“It also positions the Eisteddfod as a powerful tool for boosting local economies and supporting sustainable communities for future generations.”

Further details are expected later this year, with membership of the national project board due to be confirmed by mid-June.

A dedicated session at this year’s Eisteddfod will also gather evidence from the 2026 host area to help shape future plans for 2027 and 2028.

More information is available via the Eisteddfod’s legacy framework online.

Community

Former Neyland police officer Louis Knight dies aged 83

Published

13 hours ago

March 19, 2026

Tom Sinclair

Tributes pour in for former Neyland officer remembered as a “true gentleman” and “local legend”

A FORMER Neyland police officer remembered as a “true gentleman” and “local legend” has died at the age of 83, prompting an outpouring of tributes from across Pembrokeshire.

Louis Knight, of Neyland Hill, Neyland, passed away peacefully at Withybush Hospital, Haverfordwest on Thursday (Mar 5).

Mr Knight, who served as a police officer in the area for many years, was a familiar and respected figure in Neyland and beyond. In the hours following the announcement of his death, hundreds of messages flooded social media, painting a picture of a man whose impact stretched far beyond his time in uniform.

Many described him simply as “one of the best,” while others called him “a proper local legend” and “a tremendous police officer.”

One resident wrote: “A face and name I will never forget from my youth.”

Another said: “He was a tremendous police officer… a kick up the backside and a word was enough. It stayed with you.”

Others remembered his warmth and humour away from policing.

“He always had a story to tell on the way home in the taxi,” one tribute read, while another added: “Every time you asked him how he was, the answer was always ‘bloody marvellous.’”

Many spoke of his kindness and the time he gave to people.

“Louis was one of the most kindest gentlemen around. Always made time to chat,” one message said.

Another added: “Neyland won’t be the same again.”

While some reflected fondly on a different era of policing, what came through most strongly was the respect Mr Knight earned within his community — something repeatedly highlighted in tributes from those who knew him as children, neighbours, and later as adults.

Mr Knight was the beloved husband of the late Angela, devoted father of Andrew and Alison, and adored father-in-law of Frank. He was also a loving grandfather to Michelle and Laura, and a cherished brother of Jennifer, Charles and Richard.

His family said he was loved dearly and will be greatly missed by all who knew him.

The funeral service will take place on Wednesday (Apr 1) at 11:30am at Parc Gwyn Crematorium, Narberth.

Family flowers only. Donations in memory of Louis, if desired, are for Ward 8 at Withybush Hospital and may be sent directly to the ward at SA61 2PZ.

All enquiries to Tom Newing & Sons Ltd, Funeral Directors, Dartmouth Street, Milford Haven (01646 693180).

Photo caption:

PC Louis Knight pictured during a Royal Visit, engaging with local children — a familiar sight in Neyland for many years (Pic: Supplied).