Former subpostmasters have names cleared over accounting scandal

Protesters outside the Royal Courts of Justice in London, where dozens of former subpostmasters who

Protesters outside the Royal Courts of Justice in London, where dozens of former subpostmasters had their names cleared - Credit: Yui Mok/PA

Dozens of former subpostmasters - including a man from Ipswich - who were convicted of theft, fraud and false accounting because of the Post Office's defective Horizon accounting system have finally had their names cleared. 

Subpostmasters' lives were "irreparably ruined" as they lost their jobs, homes and marriages after they were prosecuted by the Post Office - which knew the Fujitsu-developed IT system had "faults and bugs from the earliest days of its operation", the Court of Appeal heard last month.

Lawyers representing 42 former subpostmasters said evidence of serious defects in the Horizon system was "concealed from the courts, prosecutors and defence", in order to protect the Post Office "at all costs".

At the Royal Courts of Justice in London on Friday, 39 of the former subpostmasters finally had their convictions quashed. 

Among the 39 people was former Ipswich postmaster Barry Capon, who worked at the Heath Road Post Office. 

Mr Capon pleaded guilty to four counts of false accounting at Ipswich Crown Court in October 2009. A charge of theft was ordered to lie on the file. 

On October 14, 2009, he received a community sentence order with an unpaid work requirement of 180 hours.

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The shortfall of £24,000 was even repaid by Mr Capon's father, it was reported at the time. 

When interviewed, Mr Capon had explained that problems arose when they changed to Horizon. 

His conviction has been quashed on all four counts. 

Announcing the court's ruling, Lord Justice Holroyde said the Post Office "knew there were serious issues about the reliability of Horizon" and had a "clear duty to investigate" the system's defects.

But the Post Office "consistently asserted that Horizon was robust and reliable" and "effectively steamrolled over any subpostmaster who sought to challenge its accuracy", the judge added.

The Court of Appeal also allowed the appeals on the basis that their prosecutions were an affront to justice.

Protesters outside the Royal Courts of Justice in London, where dozens of former subpostmasters who

Protesters outside the Royal Courts of Justice in London - Credit: PA/Yui Mok

Lord Justice Holroyde, sitting with Mr Justice Picken and Mrs Justice Farbey, said: "Post Office Limited's failures of investigation and disclosure were so egregious as to make the prosecution of any of the 'Horizon cases' an affront to the conscience of the court."

However, three of the former subpostmasters - Wendy Cousins, Stanley Fell and Neelam Hussain - had their appeals dismissed by the court.

Lord Justice Holroyde said the Court of Appeal had concluded that, in those three cases, "the reliability of Horizon data was not essential to the prosecution case and that the convictions are safe".

In a statement after the ruling, Post Office chairman Tim Parker said: "The Post Office is extremely sorry for the impact on the lives of these postmasters and their families that was caused by historical failures.

"Post Office stopped prosecutions soon after its separation from Royal Mail a decade ago and has throughout this appeals process supported the overturning of the vast majority of convictions.

"We are contacting other postmasters and Post Office workers with criminal convictions from past private Post Office prosecutions that may be affected, to assist them to appeal should they wish.

"Post Office continues to reform its operations and culture to ensure such events can never happen again."

Protesters outside the Royal Courts of Justice in London, where dozens of former subpostmasters who

Protesters outside the Royal Courts of Justice in London - Credit: Yui Mok/PA

Neil Hudgell from Hudgell Solicitors, who represented 29 of the former subpostmasters, said: "It is almost impossible to describe the true impact that this scandal has had on the lives of this group of people who had their reputations and livelihoods so unfairly destroyed.

"They are honest, hard-working people who served their communities but have had to live with the stigma of being branded criminals for many years, all the while knowing they have been innocent."

He added: "The court heard shocking evidence with regard to the Post Office and how it destroyed innocent people.

"Indeed, given its actions, everything the Post Office has sought to do over the last year or so, whether it be by way of apology and offers of redress, or by talking about a cultural change, completely unravelled when our clients' cases where heard.

"The Post Office failed to offer any sort of explanation as to why wholesale disclosure of evidence was withheld in cases, nor why a proper investigation was not carried out when known problems in the Horizon system started to appear.

"Instead they sought to attribute failings to incompetence and not bad faith, and to engage in legal gymnastics to seek to persuade the court away from finding a clear systemic abuse of process of the criminal law."

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