Friday, June 11, 2021

The U.K. Horizon Post Office Debacle: (Part One) - perhaps the most widespread miscarriage of justice in Britain's history: Publisher's note: "It has sophisticated computer technology at it's heart - but truly evolves around the failings of the human beings running the UK's Postal Service - and of the Nation's criminal justice system." HL.


PUBLISHER'S NOTE: I am really surprised that there  has been very little coverage  in North America of a massive forensic centred miscarriage of justice that has been unravelling in the U.K over many years. It is popularly referred to as 'The Post Office Scandal"  as in the following BBC New Story by Reporter Kevin Peachey, " 'Post office scandal: What the Horizon saga is all about." I personally don't use the term 'scandal' as i suggests  high society highjinks. This is rather a forensic debacle that has not only ruined the lives of hundreds of innocent, devoted post-masters and post-mistresses - but has even caused some of them to commit suicide. Although the debacle - thought by some to be the greatest miscarriage of justice in Britain's history - has computer technology at it's heart, it's really about the human beings in government  who turned computer system malfunctions into crimes, sent innocent people to prison for them, and, at least, so far, have avoided accountability for their own actions. So that's why I am devoting a series of posts to these events - which I believe deserve much more attention than they are getting outside of the U.K. starting with the BBC's explanation of what the Horizon saga is all about. There are some very important lessons to be learned. I will be following developments closely.

Harold Levy: Publisher: The Charles Smith Blog. 

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PASSAGE OF THE DAY: What was the effect on individuals? :Many former postmasters and postmistresses have described how the saga ruined their lives. They had to cope with the long-term impact of a criminal conviction and imprisonment, some at a time when they had been pregnant or had young children. Marriages broke down, and courts have heard how some families believe the stress led to health conditions, addiction and premature deaths. "The past nine years have been hellish and a total nightmare. This conviction has been a cloud over my life," said former Oxfordshire sub-postmaster Vipinchandra Patel, whose name was cleared late last year. Seema Misra was pregnant with her second child when she was convicted of theft and sent to jail in 2010. She said that she had been "suffering" for 15 years as a result of the saga."

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STORY: "'Post office scandal: What the Horizon saga is all about," by Personal Finance Correspondent Kevin Peachey, published by BBC News on  April 23, 2021.


GIST: "A group of former sub-postmasters and sub-postmistresses have seen their names cleared at the Court of Appeal after the UK's most widespread miscarriage of justice. It marks the latest stage of a computer scandal, and a long and complex legal battle, which could leave the Post Office with a huge compensation bill.


What is this all about?

Between 2000 and 2014, the Post Office prosecuted 736 sub-postmasters and sub-postmistresses - an average of one a week - based on information from a recently installed computer system called Horizon. Some went to prison following convictions for false accounting and theft, many were financially ruined and have described being shunned by their communities. Some have since died. After 20 years, campaigners won a legal battle to have their cases reconsidered, after claiming that the computer system was flawed.


What was Horizon?

Horizon was introduced into the Post Office network from 1999. The system, developed by the Japanese company Fujitsu, was used for tasks such as transactions, accounting and stocktaking.


Sub-postmasters complained about bugs in the system after it reported shortfalls, some of which amounted to many thousands of pounds.


Some sub-postmasters attempted to plug the gap with their own money, even remortgaging their homes, in an (often fruitless) attempt to correct an error.


What was the effect on individuals?

Many former postmasters and postmistresses have described how the saga ruined their lives.

They had to cope with the long-term impact of a criminal conviction and imprisonment, some at a time when they had been pregnant or had young children. Marriages broke down, and courts have heard how some families believe the stress led to health conditions, addiction and premature deaths. "The past nine years have been hellish and a total nightmare. This conviction has been a cloud over my life," said former Oxfordshire sub-postmaster Vipinchandra Patel, whose name was cleared late last year. Seema Misra was pregnant with her second child when she was convicted of theft and sent to jail in 2010. She said that she had been "suffering" for 15 years as a result of the saga.


What was the turning point?

In December 2019, at the end of a long-running series of civil cases, the Post Office agreed to settle with 555 claimants. It accepted it had previously "got things wrong in [its] dealings with a number of postmasters", and agreed to pay £58m in damages. The claimants received a share of £12m, after legal fees were paid. A few days later, a High Court judgement said that the Horizon system was not "remotely robust" for the first 10 years of its use, and still had problems after that. The judge said the system contained "bugs, errors and defects", and that there was a "material risk" that shortfalls in branch accounts were caused by the system.


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Why is the current hearing significant? Following the High Court ruling, more cases were brought forward to the Criminal Cases Review Commission (CCRC), an independent body which investigates suspected miscarriages of justice. So far, it has referred 51 cases back to the courts. To date, six people's convictions have been overturned. Another 42 cases were heard in one hearing at the Court of Appeal in March. Of these, 39 were unopposed by the Post Office on at least one count - generally that the person did not receive a fair trial.

With these 39 convictions quashed, it becomes the most widespread, known, miscarriage of justice in the UK.


What happens next?

The ruling has also determined that these 39 convictions were also "an affront to the public conscience". That means the postmasters may pursue civil action against the Post Office for malicious prosecution, seeking significant sums in damages. Three more cases referred by the CCRC have yet to be heard. It is also reviewing 22 more cases, and inviting others to make an application, which could go directly to the Court of Appeal, if a conviction is believed to be unsafe.


What about other affected postmasters and postmistresses?

The Post Office has set up a historic shortfall scheme designed to repay those who lost out, but this excludes those who were part of the High Court settlement.

More than 2,400 claims have been made to the scheme. Ministers said this was more than the Post Office expected and held the potential for the government having to step in to cover some of the cost.

An inquiry set up "to establish a clear account of the failings of the Horizon IT computer system, and assess whether lessons have been learnt at the Post Office" will report in the summer.

The Justice For Subpostmasters Alliance campaign group, which was instrumental in the High Court battle, refused to take part, describing it as a whitewash and calling for a full public inquiry instead.


Has anyone been held accountable?

So far, nobody at the Post Office or Fujitsu has been held accountable, although the High Court judge said he would refer Fujitsu to the Director of Public Prosecutions for possible further action because he had "grave concerns" about the evidence of the company's employees."


The entire story can be read at:



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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;