Scottish sub-postmaster cases referred to Appeal Court

The first Scottish cases involving the convictions of former sub-postmasters for offences of dishonesty based on the operation of the Horizon software system have been referred to the Criminal Appeal Court.

The Scottish Criminal Cases Review Commission, which investigates possible miscarriages of justice, has referred the cases of Aleid Kloosterhuis, Anne Quarm on behalf of the late William Quarm, Susan Sinclair, Colin Smith, Judith Smith and Robert Thomson. Each sub-postmaster was convicted of embezzlement (or in Ms Smith's case fraud) between 2004 and 2013, and sentenced to different penalties (in Ms Kloosterhuis's case to 12 months' imprisonment).

Dozens of similar convictions have already been quashed in England. The Court of Appeal held that failures in disclosure by the Post Office regarding problems with the software deprived the appellants of a fair trial and that the Post Office's actions amounted to an "affront to justice". Compensation is being paid following a group action in England.

In Scotland, although the Crown Office & Procurator Fiscal Service prosecuted cases rather than the Post Office itself as in England, the Post Office as a "specialist reporting agency" investigated offences and reported them to COPFS. 

Only one of the six Scottish cases, that of Susan Sinclair, went to trial, but the Commission concluded that the other five accused pled guilty in circumstances that were, or could be said to be, clearly prejudicial to them. As regards oppression, it concluded that the Horizon evidence was essential to the proof of the accounting shortfall that led to the charges being brought against them and that their prosecutions were oppressive because the process was an affront to justice. Accordingly, the Commission believes there may have been a miscarriage of justice in the convictions.

The Post Office has provided the Scottish Commission with the names of 73 people whose convictions in Scotland may have relied on Horizon evidence. Following contact from the Commission, 12 applications for a review of convictions, one of which was later withdrawn. The Commission has still to take a final decision in five cases.

Commission chair Bill Matthews said: "The cases we have referred today to the High Court are exceptional in the Commission’s caseload as each one is founded upon the operation of the Post Office’s computer system, Horizon, and the conduct of Post Office Ltd.

"We have issued detailed statements of reasons which address all of the relevant grounds. It is for the High Court to decide whether to quash the convictions of the individuals concerned."