Senin, 08 Januari 2024

Post Office scandal: Former minister calls for mass appeal against convictions - BBC.com

By Nick Edser, Michael Race & Chris MasonBBC News

AFP A supporter celebrates outside the Royal Courts of Justice in London, on April 23, 2021, following a court ruling clearing subpostmasters of convictions for theft and false accounting.AFP

Hundreds of sub-postmasters convicted in the Post Office Horizon scandal should be able to submit a mass appeal, a former cabinet minister has said.

Sir David Davis, who is seeking to question ministers about the issue, told the BBC there was "no real reason" why there could not be a "mass case".

Labour leader Sir Keir Starmer has also said all cases need to be revisited.

Ministers are meeting on Monday to consider ways of clearing the names of hundreds of sub-postmasters.

Between 1999 and 2015, more than 700 Post Office branch managers were convicted of false accounting, theft and fraud based on the faulty Horizon software.

Some sub-postmasters wrongfully went to prison, many were financially ruined. Some have since died.

It has been described as the most widespread miscarriage of justice in British history, but to date, fewer than 100 people have had their convictions overturned.

While the scandal has been public knowledge for some time, an ITV drama - Mr Bates vs The Post Office - which aired last week has thrust the issue back into the spotlight.

Speaking to the BBC, Sir David said the drama had galvanised the response to the scandal. "There are now tens of millions of people who care about this - care a lot. They're furious in many cases."

At present, all cases are considered individually, but Sir David said: "All of the cases depend on one single lie, and that is nobody but the postmasters and mistresses could access their computers. We now know that to be untrue. I see no real reason, no logical reason you can't have a mass case, mass appeal on that basis."

Sir David and Labour MP Kevan Jones are among those hoping to scrutinise a minister in the House of Commons, which is reassembling on Monday for the first time since the Christmas recess.

Sir Keir Starmer, a former Director of Public Prosecutions, has said that all convictions need to be looked at again, and prosecution powers should be taken away from the Post Office.

The Post Office had the power in England and Wales to decide on bringing the original prosecutions, and its appointed lawyers presented the evidence in court. The situation is different in Scotland and in Northern Ireland.

Sir Keir said: "I used to run the Crown Prosecution Service, we've prosecuted for other departments, we can do it here - that should be done straightaway.

"And these convictions, the remaining convictions need to be looked at en masse."

The Post Office - which is wholly owned by the government - acted as the prosecutor when it brought the cases against its sub-postmasters.

A petition calling for the former Post Office chief executive, Paula Vennells, to lose her CBE over the scandal has received more than one million signatures.

Tracy Felstead and Janet Skinner, sub-postmistresses who were both jailed in connection with the scandal, told the BBC Ms Vennells should relinquish her CBE.

"To be fair, and if she had any decency she would just hand it back," Ms Skinner said.

Ms Vennells has said previously that she remains "truly sorry for the suffering caused to wrongly prosecuted sub-postmasters and their families".

She said: "I continue to fully support and focus on co-operating with the [public] inquiry and it would be inappropriate for me to comment further while it remains ongoing."

Janet Skinner and Tracy Felstead
Janet Skinner (left) and Tracy Felstead (right) were both victims of the scandal

Ms Felstead also said she would like to see "someone held accountable".

"We were classed as criminals by the Post Office," she said. "Now it is their turn to be investigated and find out who knew what, why and when this all happened."

Many victims of the scandal are still fighting to have their convictions overturned or to secure full compensation after being forced to pay out thousands of pounds of their own money for shortfalls that were caused by the faulty software. The Metropolitan Police is now investigating the Post Office over potential fraud offences arising from the prosecutions.

On Monday, the Horizon Compensation Advisory Board renewed a call for all Post Office staff wrongly accused of theft and false accounting to have their convictions overturned.

Its chairman, Prof Chris Hodges, told the BBC that "a civilised state should overturn these convictions and deliver compensation with people having to do as little as possible".

He also argued that overturning all convictions would not encroach upon the independence of the judiciary

"This is not a situation in which anyone would complain that the government is breaching anyone's human rights," said Prof Hodges.

He added that he would be "very surprised" if the judiciary "weren't as angry and indeed embarrassed about the situation as we all are, so I don't think that there is a constitutional issue".

Last month, Prof Hodges said that while "a small minority" were "doubtless genuinely guilty of something", it would be "worth acquitting a few guilty people (who have already been punished) in order to deliver justice to the majority".

However, former sub-postmistress Ms Felstead told the BBC that while the process of helping former sub-postmasters needed to be sped up, she cautioned against a mass exoneration.

"I think we need to be really careful that we're not just going to go and turn everybody's convictions over just in case you have that one person that has committed a crime and you've just turned over their conviction," she said.

ITV/REX/Shutterstock Monica Dolan as Jo, Lesley Nicol as Pam and Julie Hesmondhalgh as Suzanne.ITV/REX/Shutterstock
ITV's drama has thrown the Post Office scandal back into the spotlight

Prime Minister Rishi Sunak told the BBC on Sunday it was "right that we find every which way we can do to try to make this right for the people who were so wrongfully treated at the time".

As a result of renewed anger following the ITV series, a meeting between Justice Secretary Alex Chalk and the Minister for the Post Office, Kevin Hollinrake, has been brought forward by a week.

They will meet on Monday afternoon to explore mechanisms to speed up the process.

Mr Sunak has said the government is reviewing options, including stripping the Post Office of its role in the appeal process.

There has been concern within government that the quashing of convictions and getting compensation to those who were victims of a miscarriage of justice has been far too slow.

Speaking on Monday, Mr Sunak said the government was looking at how to speed up the compensation process.

"We will do everything we can to make this right for the people affected," he said.

To date, of the 93 convictions that have been overturned, only 30 of those people have agreed "full and final settlements".

Meanwhile, 54 cases have resulted in either a conviction being upheld, people being refused permission to appeal, or the person appealing having withdrawn from the process, according to the Post Office.

A public inquiry into the scandal is ongoing.

A Post Office spokesperson has previously said it shares the "aims of the public inquiry to get to the truth of what went wrong in the past and establish accountability".



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2024-01-08 11:13:00Z
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