Hundreds of postmasters were accused by the Post Office over allegations of missing money despite substantial evidence indicating the failings of the Horizon computer and IT system. Postmasters, campaigners, legal experts and MPs are now calling for a judge-led inquiry into the “scandal”.
The postmasters were accused of theft as they were believed to be the sole authority with control of their Horizon account. As a result of missing money, hundreds were fired, terminated, or wrongfully convicted.
An extensive investigation by the BBC Panorama has shown that the Horizon system, had software defects that caused financial shortfalls in the subpostmasters’ branch accounts over several years. In 2017, 550 such postmasters had brought forward a civil court case against Horizon wherein the Post Office had agreed to fork out £57.75m to settle the case last year. During the trial, the Post Office admitted remote access to Horizon accounts was possible without the postmaster's knowledge. Now, legal experts believe that the number of claimants is likely to be higher.
Sandip Patel QC, Managing Partner at Aliant Law, London, and a Barrister, has been assisting BBC Panorama in reaching out to those victims who had been wrongfully convicted in this “scandal”. Calling it as a “great miscarriage of justice”, Patel said,
“The reality is that there are a large number of postmasters who were wrongfully convicted and are waiting for a court of appeal. I am confident that their convictions would be overturned. Initially, I thought that there were only 60-100 victims. Today, official figures report that about 550 victims are challenging the court of appeal. But I think that there are many more.
“I was contacted by a victim very recently with regards to the “scandal”. He was unaware of the inquiry, mediation and settlement process in this “scandal”. I believe that there are many more such subpostmasters’ who are still ignorant of the process. And that is my real concern. They should receive justice and in due course be entitled to sufficient financial compensation.”
“The settlement was only for those who were party to it. But it must be noted that not all those who were victims of the “scandal” were party to the proposed settlement. Some of them were convicted, some went to prison as we now know. One even took his life. It was a human tragedy on a large scale.”
On Wednesday 10th June, the Government announced the terms of reference of an independent review into the events. Speaking about the review Paul Scully said,
“The Post Office has said that it will comply fully with this review. I will push fully for that compliance, and I am sure that the independent chair will want to get right to the bottom of things, however long that takes.
On the Government’s actions over the past few years, this issue happened over 20 years, and with hindsight, facts have come to light in the litigation that some of the advice received was flawed. However, we have pushed for many years to make sure that we can get a settlement, and I am glad that we are at the point at which we can start to get some answers.”
Now the victims are looking for a judge-led inquiry. More convictions can also be challenged as the Post Office is reported to be reviewing 900 prosecutions that may have relied on the Horizon system. Meanwhile, the chair of the Department of Business, Energy and Industrial Strategy (BEIS) select committee is urging the government to give its planned review of the “scandal” the power to summon individuals to give evidence under oath. In his letter to Paul Scully, BEIS select committee chair Darren Jones wrote,
“Though the announcement was welcome, I am disappointed that it appears that the inquiry will not be judged or put on a statutory footing with subpoena powers to summon witnesses and compel them to give evidence under oath. Please can you confirm that this is the case?
“I urge you to put this independent review on a statutory basis so that it can summon Post Office and Horizon staff, past and present, who made key decisions related to this case.”
From the £57.75m awarded as financial compensation for the damages done legal costs and other overheads had to be deducted. As a result, postmasters were left with just £11m. But is financial compensation enough for these subpostmasters? Particularly for those wrongfully convicted and maybe looking for employment opportunities at a time when the jobs’ market is already choked due to the coronavirus pandemic?
Mr. Patel QC is alarmed that “the ramifications of this “scandal” will stay with them for the rest of their lives, unfortunately. Once a person has a criminal conviction, it stays with them. There is a Rehabilitation Offenders Act and depending on the time of sentence it determines how long the conviction stays on the record for employment purposes.”
He has added that “there are certain sectors where one has to disclose their criminal convictions irrespective of the Act. These include education and healthcare where people are required to answer about their criminal record. Once a person admits that he had been convicted, even if it were a wrongful conviction and overturned, the prospect of being employed diminishes.”
.
