On Saturday 3rd October, sub-postmasters emerged victorious in the biggest overturn of the “greatest miscarriage of justice” or the Post Office Scandal. Dozens of sub-postmasters are expected to have their convictions for fraud, theft and false accounting overturned after the Post Office stated that it will not oppose their appeals.
For years, the Post Office had accused hundreds of postmasters of theft over charges of missing money despite substantial evidence noting the failings of the Horizon computer and IT system. They were accused of theft as they were considered to be the only authority with control of their Horizon account. Hundreds of them were fired, terminated, or wrongfully convicted. Some were even imprisoned while some died of suicide. Now, the Post Office has conceded that it will not oppose 44 of the 47 appeals. Sandip Patel QC, Managing Partner at Aliant Law, London, and a Barrister, who has been assisting BBC Panorama in reaching out to those victims wrongfully convicted in this scandal.
Commenting on the landmark moment, he said, “The Post Office has, in the majority of appeals, conceded that it will not challenge them because those convictions resulted from unfair prosecutions and therefore, are unsafe. In the circumstances, we do not expect the Court of Appeal to disagree with the Post Office’s stance and anticipate the convictions as matter of legal formality will be overturned.”
Former sub-postmistress, Seema Misra, was pregnant with her second child when she was convicted of theft and sent to jail in 2010. Speaking to the BBC about the latest development, Seema said, Prison was my worst nightmare. I never thought of giving up. I'm so, so happy. Justice has been done. I can now proudly say my name."
After more than 900 prosecutions, when 550 sub-postmasters raised civil actions against the Post Office, £57.75mn was awarded as financial compensation. But after deduction of all the overheads the postmasters had just £11m. Now, the Post Office has assured that all the postmasters will be entitled to claim civil compensation because their convictions are being overturned and will be compensated as quickly as possible. Yet, the amount is unknown. Additionally, last week Business Secretary Alok Sharma had announced a judge-led inquiry into the failings of the Post Office and Horizon IT. Retired judge Sir Wyn Williams is considered to be leading this inquiry. In the meantime, the Director of Public Prosecutions is also considering if there should be charges of perjury against officials who claimed in court there were no problems with Horizon, even though emails and other documents now suggest they knew there were.
Commenting on how these postmasters should receive adequate remuneration for the emotional and financial damages, Barrister Sandip Patel QC noted, “We would expect successful appellants who have suffered harm to be properly compensated. The greater the emotional and financial harm the greater the compensation. The general rule is to put the someone who has been injured or has suffered, in the same position as he would have been in if he had not sustained the wrong for which he is now getting compensation or reparation. It is impossible to put a precise general figure because each case is different. For instance, someone who served a term of imprisonment should expect substantial damages possibly running to hundreds of thousands of pounds.
“A judge-led inquiry would have the power to summon witnesses, compel the Post Office to cooperate and the power to refer for prosecution lying witnesses for perverting the course of justice. Such an inquiry would want to get to the truth and consider whether the Post Office has learned the necessary lessons, and make appropriate recommendations which if implemented might avoid the same calamity happening again to others.”
In the meantime, Tim Parker, chairman of the Post Office, said, "I am sincerely sorry on behalf of the Post Office for historical failings which seriously affected some postmasters.
"Post Office is resetting its relationship with postmasters with reforms that prevent such past events ever happening again."
