News

Exclusive: The legal flaw and trial by computer error

Published

12 months 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.

News

Bird keepers in Wales urged to stay vigilant as avian flu cases rise

Published

3 hours ago

December 18, 2024

Tom Sinclair

BIRD KEEPERS across Wales are being warned to remain alert and implement biosecurity measures after a surge in avian influenza cases in poultry and kept birds across Great Britain.

The Department for Environment, Food and Rural Affairs (DEFRA) has declared a regional Avian Influenza Prevention Zone (AIPZ) covering East Riding of Yorkshire, Kingston upon Hull, Lincolnshire, Norfolk, and Suffolk. Within the AIPZ, mandatory enhanced biosecurity measures are in place to prevent the disease from spreading further and to protect flocks.

The UK is now in a period of heightened risk from highly pathogenic avian influenza (HPAI), prompting calls for increased vigilance from Welsh bird keepers.

Biosecurity is Key

Dr Richard Irvine, Chief Veterinary Officer for Wales, highlighted the importance of biosecurity:
“The winter migration period significantly increases the risk to poultry and kept birds. Recent rises in confirmed cases of avian influenza in both wild and kept birds across the UK are deeply concerning.

“Maintaining scrupulous hygiene and biosecurity measures daily is the best defence against this highly infectious disease. I urge all bird keepers in Wales to act now to protect their flocks and prevent the spread of bird flu.

“Vigilance is essential. Any signs or suspicions of avian influenza in flocks must be reported immediately.”

Legal Requirements and Further Guidance

Bird keepers in Wales and England are now legally required to register with the Animal and Plant Health Agency (APHA). This registration allows APHA to provide timely updates and guidance during disease outbreaks, helping keepers make informed decisions to safeguard their birds.

Further advice, including a biosecurity self-assessment checklist, is available on the Welsh Government website.

The current AIPZ in England may expand, with housing measures and other mandatory protective actions under constant review as the disease situation develops.

Reporting and Resources

Dead wild birds should be reported to the Defra helpline on 03459 33 55 77, and any suspicions of avian influenza in kept birds must be promptly reported to APHA on 0300 303 8268.

Details about current national risk levels for avian influenza, along with the evidence supporting these levels, can be found at gov.uk/birdflu. Additional information on disease control measures in England is available in Defra’s guidance, Bird flu: rules in disease control zones in England.

Zone declarations are accessible through the notifiable disease case finder.

By adopting rigorous biosecurity practices and reporting any concerns, bird keepers in Wales can help protect their flocks and reduce the spread of avian influenza.

Community

Ben Lake MP visits postal workers during Christmas rush

Published

5 hours ago

December 18, 2024

Tom Sinclair

BEN LAKE MP visited postal workers at the Llandysul Delivery Office last Friday (Dec 13) to show his support and gain insight into their operations during the festive season—the busiest time of the year for Royal Mail.

The holiday period sees Royal Mail handle around double its usual volume of letters and parcels, as people send Christmas cards and shop for gifts online. To meet this seasonal surge, the Llandysul Delivery Office has hired four extra vehicles, while Royal Mail nationally has recruited 16,000 temporary workers and introduced nearly 4,000 additional vans, trucks, and trailers.

During the visit, Ben Lake spoke with Ryan Goellnitz, Customer Operations Manager, about Royal Mail’s efforts to enhance convenience for customers. These include services like Parcel Collect—where posties collect parcels directly from customers’ doorsteps—and the introduction of over 5,000 new parcel drop-off points this year, including at Collect+ stores and parcel lockers.

Ryan Goellnitz said:
“It was great to have Ben visit our Delivery Office and show him how we are gearing up for our peak period. We are pulling out all the stops to deliver Christmas for our customers.”

Ben Lake, MP for Ceredigion Preseli, praised the dedication of the postal workers:
“It was a pleasure to visit the Llandysul Delivery Office and witness the incredible volume of post managed by Royal Mail, not only here but across the country. This is an essential service year-round, but the effort and planning to ensure smooth operations during Christmas are extraordinary.

“I am immensely grateful for their tireless efforts and dedication, which deserve to be fully recognised. The visit gave me real appreciation for the hard work and commitment of everyone involved.”

Royal Mail’s preparations for Christmas are a year-long effort, ensuring the postal service continues to meet the festive demand.

News

Pembrokeshire County Council achieve Insport Partnerships Gold Standard

Published

6 hours ago

December 18, 2024

Herald Sport

PEMBROKESHIRE COUNTY COUNCIL have recently achieved the insport Partnerships Gold Standard, recognising their commitment and passion to providing inclusive opportunities for disabled people across the local authority area.

‘insport’ is a Disability Sport Wales programme delivered with the support the of Sport Wales, which aims to support the physical activity, sport, and leisure sectors delivering inclusively of disabled people. The purpose of the insport programmes is to support the development of inclusive thinking, planning, development and delivery by everyone within an organisation so that ultimately, they will deliver across the spectrum to disabled and non-disabled people, at whatever level they wish to participate or compete. The intent is to facilitate and deliver cultural change in attitude, approach, and provision of physical activity (including sport) and wider opportunities for disabled people.

Sport Pembrokeshire and Pembrokeshire Leisure have consistently developed their offers for disabled people locally, becoming the first local authority partner nationally to achieve the insport Partnerships Gold standard. Working with the natural, rural and coastal assets, the Sport Pembrokeshire & Pembrokeshire Leisure teams’ have done a fantastic job in navigating the opportunities and challenges to prioritise the inclusion of disabled people in leisure & community-based physical activity (including sport) opportunities. Ensuring that as many people as possible can be involved in sport and physical activity.

Achievement of the insport Partnerships Gold standard means that an inclusive approach to communities of disabled people is embedded within strategies, programmes, and thinking. This award is never the end of an organisation’s inclusion journey, and Disability Sport Wales will continue to support Pembrokeshire County Council as they continue to provide sector leading inclusive opportunities for disabled people.

Pembrokeshire have a number of excellent examples of collaborative work and partnerships supporting the delivery of strong inclusive programming across Pembrokeshire’s communities which add significant value to the area’s rich inclusive sporting heritage. These opportunities provide the initial steps on the pathway that many former and current Paralympic and Commonwealth Games Para athletes have taken from Pembrokeshire, including the Paris 2024 Paralympic Champion, Matt Bush; Paris 2024 Paralympic athlete, Jodie Grinham; 2022 Commonwealth Games medallist Lily Rice.

Tom Rogers (Governance & Partnership Director, Disability Sport Wales) said: “Pembrokeshire’s achievement of the insport Partnerships Gold standard is a remarkable milestone that highlights the unwavering commitment to inclusion in physical activity (including sport). This achievement recognises the efforts in creating opportunities that ensure everyone, regardless of ability, can participate and thrive in physical activity and sport at a level of their choosing.

Achieving the insport Partnerships Gold standard reflects the culture of inclusivity and recognises the excellent example for communities across Wales and beyond of an embedded culture of inclusion. Sport Pembrokeshire’s dedication to breaking down barriers and fostering an equitable and person centred approach to the delivery of physical activity is reflected across their programming. The commitment to inclusion exits across the Sport Pembrokeshire and Pembrokeshire Leisure teams’ and the achievement of this standard recognises the years of hard work by current and former team members, as well as excellent community led opportunities across the local authority area.

Congratulations on this significant achievement—your success paves the way for a brighter, more inclusive future in sport.”

Matt Freeman, Sport Pembrokeshire Manager said, “Pembrokeshire County Council is proud to achieve the prestigious insport Gold Standard, a recognition of our commitment to championing inclusive sport and physical activity across the county. This milestone, led by Sport Pembrokeshire – the Council’s sports development team – reflects the collaborative efforts of our partners to ensure opportunities for inclusive participation continue to grow. We remain dedicated to working with both new and existing partners to expand access and make inclusive provision a cornerstone of sport and physical activity in Pembrokeshire”.