News

Exclusive: The legal flaw and trial by computer error

Published

4 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

Welsh rally star eyeing second British championship success

Published

2 hours ago

May 10, 2024

Tom Sinclair

OSAIN PRYCE is eyeing his second British Rally Championship (BRC) title after a recording a superb victory in the Severn Valley Stages.

The Welsh star and co-driver Rhodri Evans finished 20 seconds ahead of Irish driver William Creighton, with championship leader Chris Ingram claiming third place.

The result left Pryce 15 points adrift of Ingram after two rounds and boosted his chances of adding to his 2022 British title success.

Pryce was excellent in his Ford Fiesta Rally2, wowing the sizeable crowds who lined iconic stages such as Hafren Sweet Lamb and Myherin.

The Welshman established an early lead over Ingram before withstanding a charge by Creighton to claim his first BRC victory since Rally Yorkshire in 2022.

“It’s a big relief – I’m so happy to get the win,” Pryce said. “We had a dodgy couple of stages at the end, and to be honest, it was so slippy, but I drove at a pace where I was comfortable.

“I did lose some time, which in the end wasn’t too bad, but we certainly had some hairy moments just trying to keep it on the road. Credit to everyone who’s got me here. Top job from Rhodri too – that’s his first-ever win!

While Ingram currently leads the standings by four points from Creighton, the Irishman could be the biggest threat to Pryce’s title hopes.

He is still getting to grips with his new Ford Fiesta Rally2 car, but has recorded back-to-back second place finishes to force his way into contention.

Bettors in Creighton’s homeland have backed their compatriot to emerge victorious this season, forcing bookmakers to cut his odds to win the title.

Several of the best Irish betting sites also make him the favourite to win the upcoming Jim Clark Rally in Scotland later this month.

However, Pryce will fancy his chances of claiming another victory as he strives to follow up his impressive 2022 British title success.

The Welshman won four of the seven events that season to clinch top spot by an emphatic 19-point margin from Keith Cronin.

With two of the final four rallies of the season set to be staged in Wales, Pryce could be a good bet to upset the odds over the next few months.

He has previously won Rali Ceredigion and the Cambrian Rally, which should give him the confidence he needs to secure another British title.

Farming

King Charles III is new Royal Welsh Agricultural Society patron

Published

3 hours ago

May 10, 2024

Tom Sinclair

KING CHARLES III has continued a royal tradition by agreeing to become the new patron of the Royal Welsh Agricultural Society (RWAS).

As Prince of Wales, he consistently supported the RWAS, having visited the Royal Welsh Show seven times from 1969 to 2019 and he opened the Royal Welsh Winter Fair in 2001.

“To have the monarch as our patron is very special,” said Aled Rhys Jones, RWAS chief executive. “We are immensely grateful to His Majesty for continuing his support to the society.

“He is a true champion of rural matters and has a deep affection for Wales. His support as patron will be a great endorsement to the work we do in promoting Welsh agriculture.”

The decision follows a review of the patronages of the late Queen, the former Prince of Wales and the former Duchess of Cornwall. The letter from Buckingham Palace to the RWAS read: ‘His Majesty would be delighted to accept’.

The Queen was patron of the RWAS for 70 years and showed great support. Her support reflected her long-lasting interest in Welsh agriculture, horticulture and rural affairs.

The Queen’s first official role with the RWAS was as Princess Elizabeth in 1947, when she was honorary president. She undertook a triumphant tour of the showground during a visit to the Royal Welsh Show, held in Carmarthen.

The late Queen had followed her late father, George VI, and her grandfather, George V in accepting the patronage.

King George V first became patron as Prince of Wales in 1907 and formally as King in 1911. His Silver Challenge Cup for the best Welsh Cob then became known as the George Prince of Wales Challenge Cup, one of the most famous cups presented at the Royal Welsh Show annually.

Crime

Re-elected Crime Commissioner embarks on new term in office

Published

3 hours ago

May 10, 2024

Tom Sinclair

RE-ELECTED Dyfed-Powys Police and Crime Commissioner (PCC) Dafydd Llywelyn begun his new term in office this week with a series of key meetings aimed at shaping his strategic vision for the region’s policing priorities over the next four years.

The Commissioner’s first official day was Thursday 9^th of May, and saw key discussions taking place, beginning with a meeting with the Chief Constable to gain an update from Dyfed-Powys Police on operational matters, and also to outline his vision and priorities for the new term in Office.

In addition, the Commissioner met with staff from his Office for discussions on the development of a new Police and Crime Plan for Dyfed-Powys for 2025-2029. The Police and Crime Plan will be the strategic blueprint that will represent the Commissioner’s vision and priorities, further reinforcing his dedication to delivering effective and efficient policing services tailored to the needs and expectations of our diverse communities.

In coming weeks, the Commissioner’s Office will launch a public consultation on the new Police and Crime Plan, whereby the public will have an opportunity to have their say on policing and crime matters in their area. Online questionnaires and focus groups will form part of the consultation, to ensure that the Office provides plenty of opportunities for communities to have their say.

Reflecting on his ambitions for the upcoming term, Mr Llywelyn expressed that his focus will be on improving public confidence and trust in policing: “I am honoured to be re-elected as the Police and Crime Commissioner for Dyfed-Powys for my third successive term.

“As I start this new term in Office, I am committed to build on the achievements to date and address the challenges that lie ahead.

“My vision is clear: to develop safer communities for all through proactive crime prevention and ensuring a justice system that is both fair and efficient.

“I will work in collaboration with the Force and other criminal agency partners to ensure transparency and accountability, to ensure that we can we work collectively to improve public trust and confidence in policing.

“Your safety will continue to be my top priority. I want to ensure that the Dyfed Powys Police area remains one of the safest places to live in Wales and England”.