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News

Exclusive: The legal flaw and trial by computer error

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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

Split opinion over Cardigan’s extended pavements

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Councillors clash on future of pedestrian scheme

CARDIGAN town councillors remain divided over the future of the town’s extended pavements, which were introduced by Ceredigion County Council during the Covid-19 pandemic as a safety measure.

Calls for the removal of the pavements were made last month, with several members describing them as an unwelcome reminder of lockdowns and social distancing. Councillors said the pavements had served their original purpose and were no longer needed.

However, during Tuesday night’s meeting, Cllr Richard Jones expressed support for keeping the wider pavements, describing them as a benefit to the town.

“I think they are a good thing,” he said. “They make the place look busy and give it a kind of European feel. The time for consultation is over. This was discussed at county council level, and none of our councillors attended.”

Cllr Jones was responding to a letter from former town councillor and disability rights campaigner Morvenna Dorita, who criticised the push to remove the pavement extensions. Ms Dorita, who is a wheelchair user, argued that the changes made the town safer for disabled people.

Her view was not shared by all present. County councillor Sian Maehrlein said there were ongoing concerns from residents about the pavements.

“Word on the street is that most people want these pavements gone,” she said. “Some disabled residents have said that, because the tactile paving hasn’t been pressure-washed, it’s hard to tell the difference between the pavement and the road.

“I believe the town would be better and safer if they were removed. Whatever we decide, half the town will support it and the other half won’t. We’re caught between the devil and the deep blue sea.”

Cllr Nick Bolton also opposed the extensions, suggesting that street furniture from cafés posed more of a hazard.

“These pavements impede people’s right of passage,” he said. “If they were removed, we could fit in more delivery bays on the high street.

“The county council said they’d maintain them and make them safer, but they haven’t spent a bean.”

County councillor Clive Davies reminded members that the county council made the decision to make the pavements permanent in 2022, and any removal would now require a fresh consultation.

He added that, if the town could secure a new street scene grant, there may be scope to improve the overall layout of the high street.

“We could look at bollards to provide better protection for disabled pedestrians,” he suggested.

It was agreed to invite county council officers to visit Cardigan and assess what improvements could be made to the street scene.

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Community

Citizen scientists celebrated at Cardigan Castle conference

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West Wales volunteers recognised for efforts to improve river quality

CITIZEN scientists from across West Wales gathered at Cardigan Castle on Thursday (Mar 27) for a conference celebrating their work in monitoring and protecting local rivers.

The West Wales Nutrient Management Board (WWNMB) hosted the event, which brought together volunteers, environmental experts, and partner organisations to discuss the growing impact of community-led water quality initiatives.

Supported by the UK Government’s Department for Science, Innovation and Technology (DSIT) through the Rural Connectivity Accelerator Project, the conference highlighted the crucial role of improved digital infrastructure in enabling environmental monitoring.

Showcasing science and grassroots action

Attendees took part in hands-on demonstrations showing how water samples are analysed, using the latest techniques to detect pollution and nutrient levels. The event also addressed the limitations of current equipment, highlighting the need for accurate, reliable data collection.

Beyond the technical presentations, the day celebrated the wide range of skills that citizen scientists contribute—from data gathering to public engagement—and explored how their work influences conservation strategies and local policies.

Regional groups unite

Volunteers from across Pembrokeshire, Carmarthenshire and Ceredigion—including those involved in Save the Teifi, Achub y Tywi and the Cleddau Project—shared experiences and discussed the shared challenges of river monitoring.

Angela Towler, a dedicated volunteer, said: “Being a citizen scientist is about more than just collecting data—it’s about taking action to protect the places we care about. The conference is an example of how the NMB has helped to give citizen scientists a voice. It’s been an incredible opportunity to connect with others who are passionate about improving our rivers.”

Support for future progress

Councillor Clive Davies, Chair of the Nutrient Management Board and Ceredigion County Council Cabinet Member for Economy and Regeneration, praised the dedication of volunteers.

He said: “It is inspiring to see so many committed individuals working to protect our rivers. Citizen scientists play a vital role in identifying pollution sources and providing the data needed to shape policy. Today’s event highlights the real difference their efforts are making.”

The WWNMB said it will continue to support local groups and encourage new volunteers to join the effort to restore and protect river ecosystems across the region. Their work is backed by the Welsh Government, which has funded several key initiatives in recognition of the importance of preserving the region’s natural heritage.

How to get involved

The Teifi Nutrient Monitoring (TNM) Project is now looking for more volunteers in 2025. Anyone interested in testing water, checking for pollution, and learning more about environmental protection is encouraged to take part.

To explore citizen science data and dashboards, visit:
Teifi Citizen Science Monitoring and Dashboard

The TNM Project is funded by the UK Government Shared Prosperity Fund and administered by Ceredigion County Council’s Cynnal y Cardi team in partnership with the WWNMB. It is also supported by the DSIT-funded Rural Connectivity Accelerator Project.

To join the Teifi Nutrient Monitoring Project, email: NMB@carmarthenshire.gov.uk

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Education

New headteacher appointed at Ysgol Bro Gwaun

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Miss Finn to take over as Mr Edwards retires

A NEW headteacher has been appointed at Ysgol Bro Gwaun in Fishguard as the school prepares for a change in leadership this September.

Current deputy headteacher, Alana Finn, will step into the role following the retirement of headteacher Paul Edwards at the end of the academic year in July.

Miss Finn, who grew up in Tumble, Carmarthenshire, has worked at the school for 23 years. She began her career at Ysgol Bro Gwaun as a newly qualified teacher after studying Welsh and history at Aberystwyth University, and has since held various management roles before becoming deputy head.

The school’s board of governors confirmed Miss Finn’s appointment after what was described as a “rigorous selection process.”

Miss Finn said she was “honoured and excited” to take on the role.

“This school has such potential,” she said. “I am looking forward to working with the excellent staff, our pupils, families, the governing body, and the wider community.

“I want not just staff but pupils as well to be innovative in their thinking. We are working towards excellence, but excellence has a different meaning for every child. We are telling pupils they can achieve whatever they want, and the school will support them.”

She said the school’s inclusive and nurturing ethos is what makes Ysgol Bro Gwaun special.

“Everybody who comes in says there is a nice feeling about the place. We listen to the voice of the pupils, and every pupil is cared for as an individual. We work as a family here, and I want to continue building on that ethos while also driving standards.”

Miss Finn is well-regarded for her commitment to school improvement, the development of a strong bilingual ethos, and her work on safeguarding and wellbeing.

She said her appointment had been warmly received by the school community.

“So many of the pupils have been coming up to congratulate me,” she said. “It was announced in assembly and then they were all at my door!”

She also paid tribute to her predecessor.

“I want to congratulate Mr Paul Edwards on his achievements at Ysgol Bro Gwaun and I wish him a very well-deserved retirement. I’d also like to thank my family, friends, and the whole school community, past and present, for their continuous support.”

Wendy Raymond, chair of governors, said: “On behalf of the governing body of Ysgol Bro Gwaun, we look forward to supporting and working with Miss Finn and are confident she will be a great leader of our school community in Fishguard and the surrounding area.

“We also extend heartfelt thanks to Mr Edwards for his dedication and outstanding service. We wish him good health and happiness in his retirement.

“As Ysgol Bro Gwaun embarks on this new chapter, the school community is enthusiastic about a future that honours its roots while embracing fresh opportunities for growth and excellence.”

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