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.

Crime

Swansea man dies weeks after release from troubled HMP Parc: Investigation launched

Published

5 hours ago

December 4, 2025

Tom Sinclair

A SWANSEA man has died just weeks after being released from HMP Parc, the Bridgend prison now at the centre of a national crisis over inmate deaths and post-release failures.

Darren Thomas, aged 52, died on 13 November 2025 — less than a month after leaving custody. The Prisons and Probation Ombudsman (PPO) has confirmed an independent investigation into his death, which is currently listed as “in progress”.

Born on 9 April 1973, Mr Thomas had been under post-release supervision following a period at HMP/YOI Parc, the G4S-run prison that recorded seventeen deaths in custody in 2024 — the highest in the UK.

His last known legal appearance was at Swansea Crown Court in October 2024, where he stood trial accused of making a threatening phone call and two counts of criminal damage. During the hearing, reported by The Pembrokeshire Herald at the time, the court heard he made threats during a heated call on 5 October 2023.

Mr Thomas denied the allegations but was found guilty on all counts. He was sentenced to a custodial term, which led to his imprisonment at HMP Parc.

Parc: A prison in breakdown

HMP Parc has faced sustained criticism throughout 2024 and 2025. A damning unannounced inspection in January found:

Severe self-harm incidents up 190%
Violence against staff up 109%
Synthetic drugs “easily accessible” across wings
Overcrowding at 108% capacity

In the first three months of 2024 alone, ten men died at Parc — part of a wider cluster of twenty PPO-investigated deaths since 2022. Six occurred within three weeks, all linked to synthetic drug use.

Leaked staff messages in 2025 exposed a culture of indifference, including one officer writing: “Let’s push him to go tomorrow so we can drop him.”

Six G4S employees have been arrested since 2023 in connection with alleged assaults and misconduct.

The danger after release

Deaths shortly after release from custody are a growing national concern. Ministry of Justice data shows 620 people died while under community supervision in 2024–2025, with 62 deaths occurring within 14 days of release.

Short sentences — common at Parc — leave little time for effective rehabilitation or release planning. Homelessness, loss of drug tolerance and untreated mental-health conditions create a high-risk environment for those newly released.

The PPO investigates all such deaths to determine whether prisons or probation failed in their duties. Reports often take 6–12 months and can lead to recommendations.

A system at breaking point

The crisis at Parc reflects wider failures across UK prisons and probation. A July 2025 House of Lords report described the service as “not fit for purpose”. More than 500 people die in custody annually, with campaigners warning that private prisons such as Parc prioritise cost-cutting over care.

The PPO investigation into the death of Darren Thomas continues.

Crime

Woman stabbed partner in Haverfordwest before handing herself in

Published

6 hours ago

December 4, 2025

Court Reporter

A WOMAN who stabbed her partner during a drug-fuelled episode walked straight into Haverfordwest Police Station and told officers what she had done, Swansea Crown Court has heard.

Amy Woolston, 22, of Dartmouth Street in Milford Haven, arrived at the station at around 8:00pm on June 13 and said: “I stabbed my ex-partner earlier… he’s alright and he let me walk off,” prosecutor Tom Scapens told the court.

The pair had taken acid together earlier in the day, and Woolston claimed she believed she could feel “stab marks in her back” before the incident.

Police find victim with four wounds

Officers went to the victim’s home to check on him. He was not there at first, but returned shortly afterwards. He appeared sober and told police: “Just a couple of things,” before pointing to injuries on his back.

He had three stab or puncture wounds to his back and another to his bicep.

The victim said that when he arrived home from the shop, Woolston was acting “a bit shifty”. After asking if she was alright, she grabbed something from the windowsill — described as either a knife or a shard of glass — and stabbed him.

He told officers he had “had worse from her before”, did not support a prosecution, and refused to go to hospital.

Defendant has long history of violence

Woolston pleaded guilty to unlawful wounding. The court heard she had amassed 20 previous convictions from 10 court appearances, including assaults, battery, and offences against emergency workers.

Defending, Dyfed Thomas said Woolston had longstanding mental health problems and had been off medication prescribed for paranoid schizophrenia at the time.
“She’s had a difficult upbringing,” he added, saying she was remorseful and now compliant with treatment.

Woolston was jailed for 12 months, but the court heard she has already served the equivalent time on remand and will be released imminently on a 12-month licence.

News

BBC apologises to Herald’s editor for inaccurate story

Published

7 hours ago

December 4, 2025

Staff Writer

THE BBC has issued a formal apology and amended a six-year-old article written by BBC Wales Business Correspondent Huw Thomas after its Executive Complaints Unit ruled that the original headline and wording gave an “incorrect impression” that Herald editor Tom Sinclair was personally liable for tens of thousands of pounds in debt.

The 2019 report, originally headlined “Herald newspaper editor Tom Sinclair has £70,000 debts”, has now been changed.

The ECU found: “The wording of the article and its headline could have led readers to form the incorrect impression that the debt was Mr Sinclair’s personal responsibility… In that respect the article failed to meet the BBC’s standards of due accuracy.”

Mr Sinclair said: “I’m grateful to the ECU for the apology and for correcting the personal-liability impression that caused real harm for six years. However, the article still links the debts to ‘the group which publishes The Herald’ when in fact they related to printing companies that were dissolved two years before the Herald was founded in 2013. I have asked the BBC to add that final clarification so the record is completely accurate.”

A formal apology and correction of this kind from the BBC is extremely rare, especially for a story more than six years old.