Post Office scandal: Scottish victims placed in ‘intolerable’ position, court told
A court has been told Scottish sub-postmasters who were given a criminal record as a result of the Post Office scandal have been placed in an “intolerable” position by politicians promising to pardon victims.
Around 100 Scots were criminalised due to the faulty computer system but only four have so far been successful in overturning their convictions.
In England and Wales, the Post Office acted as a private prosecutor in all cases but the legal system in Scotland is different. Scotland’s public prosecution service, the Crown Office, oversaw cases.
It has emerged the Crown Office first became aware of issues linked to the Horizon system in 2013. It stopped pursuing new cases in 2015.
Officials have been so far unable to answer any questions publicly on the scandal.
The Court of Criminal Appeal in Edinburgh is currently dealing with a case involving several sub-postmasters sent by the Scottish Criminal Cases Review Commission (SCCRC).
The body investigates potential miscarriages of justice, and it is believed that issues surrounding six sub-postmasters should be looked at by appeal judges.
The six were entitled to appeal against the convictions for crimes of dishonesty arising from their roles as sub-postmasters at the Post Office.
The SCCRC referred the cases of Aleid Kloosterhuis, 64; William Quarm, who has died; Susan Sinclair, 57; Colin Smith, 62; Judith Smith, 60; and Rab Thomson, 64, to the appeal court in Scotland.
Read more stories from victims of the scandal
The SCCRC concluded that the five who pleaded guilty over apparent shortfalls in the Horizon system did so in circumstances that were, or could be said to be, clearly prejudicial to them.
Advocate Fred Mackintosh KC told the appeal court on Friday that he is concerned his client Ms Kloosterhuis may have to abandon her formal bid to have her name cleared.
He said he didn’t have enough information on UK and Scottish government proposals to pardon postmasters who were convicted of wrongdoing based on evidence provided by the Horizon computer system.
Mr Mackintosh said he believed the proposed pardon scheme might exclude those postmasters who have failed to clear their names through established legal routes.
He told the court he may have to advise Ms Kloosterhuis that she may have to abandon her appeal. This was because that if she were to lose her appeal, she would be excluded from the newly announced system by Prime Minister Rishi Sunak.
He said: “The government still does not know what to do with existing appeals and it has placed sub-postmasters in an intolerable position of whether to abandon appeals now or run the risk of losing and being totally excluded from the scheme.
“It would be of great assistance if the Crown – or indeed the government – could articulate some clarity as to what the scheme entails.
“Otherwise, we are in the position where we have to tell clients that we may have to abandon the appeals.”
Read more:
What is the Post Office scandal?
Investigators ‘offered bonuses’ to prosecute sub-postmasters
Earlier this week, first minister Humza Yousaf said everyone convicted in Scotland because of Horizon should be pardoned.
He spoke after Mr Sunak announced plans to introduce a new law that will quash convictions in England and Wales.
The legislation would not normally affect Scotland, but Mr Yousaf said he was open to using a Legislative Consent Motion that would allow it to also apply north of the border.
Mr Yousaf added that those affected “can be absolutely assured” they will be pardoned.
On Friday, a lawyer representing one victim said the court was being placed under “unconscionable pressure” by the statements made in recent days by the politicians.
He wanted a delay in proceedings so he could find out more information about the proposed political solutions.
But Lady Dorrian interrupted his submission and said: “The court will be not affected by that.”
Rab Thomson pleaded guilty in 2004 at Alloa Sheriff Court, to one charge of embezzlement.
On Thursday, he told Sky News he had tried to take his own life after living with the nightmare for decades.
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‘I got sectioned because of scandal’
The father-of-two’s advocate Wendy Culross told the court it was approaching the 20th anniversary of her client being accused of wrongdoing.
She said she had consulted with him, and he wanted to press on with his appeal.
Ms Culross added: “He advises me that his solely focused on clearing his name rather than being a part of any compensation claim.
“He is very clear on that. All he wants to do is clear his name.”
After Friday’s developments, an emotional Mr Thomson told Sky News the pressure is mounting, and his mental health is suffering the longer the agony is prolonged.
His appeal will finally be heard on 1 February.
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK
UK
Pictured: Boy killed in Gateshead industrial estate fire – 14 children arrested on suspicion of manslaughter
Tributes have been paid to 14-year-old Layton Carr who died in a fire at an industrial estate.
Eleven boys and three girls, aged between 11 and 14 years, have been arrested on suspicion of manslaughter after the incident in Gateshead on Friday. They remain in police custody.
Police were alerted to a fire at Fairfield industrial park in the Bill Quay area
Firefighters raced to Fairfield industrial park in the Bill Quay area shortly after 8pm, putting out the blaze a short time later.
Police then issued an appeal for a missing boy, Layton Carr, who was believed to be in the area at the time.
In a statement, the force said that “sadly, following searches, a body believed to be that of 14-year-old Layton Carr was located deceased inside the building”.
Layton’s next of kin have been informed and are being supported by specialist officers, police added.
Layton has been described as a ‘beautiful soul’
A fundraising page on GoFundMe has been set up to help Layton’s mother pay for funeral costs.
Organiser Stephanie Simpson said: “The last thing Georgia needs to stress trying to pay for a funeral for her Boy Any donations will help thank you.”
One tribute in a Facebook post read: “Can’t believe I’m writing this my nephew RIP Layton 💔 forever 14 you’ll be a massive miss, thinking of my sister and 2 beautiful nieces right now.”
Another added: “My boy ❤️ my baby cousin, my Layton. Nothing will ever come close to the pain I feel right now. Forever 14. I’ll miss you sausage.”
A third said: “Rest in peace big lad such a beautiful soul taken far to soon my thoughts are with you Gee stay strong girl hear for u always.”
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Detective Chief Inspector Louise Jenkins, of Northumbria Police, also said: “This is an extremely tragic incident where a boy has sadly lost his life.”
She added that the force’s “thoughts are with Layton’s family as they begin to attempt to process the loss of their loved one”.
They are working to establish “the full circumstances surrounding the incident” and officers will be in the area to “offer reassurance to the public”, she added.
A cordon remains in place at the site while police carry out enquiries.
Sky News can reveal that the government has rowed back on a national compensation scheme for victims of child sexual abuse, despite it being promised under the previous Conservative administration.
Warning – this story contains references to sexual and physical abuse
A National Redress Scheme was one of 20 key recommendations made by the Independent Inquiry into Child Sexual Abuse (IICSA), but a Home Office report reveals the government has scrapped it because of the cost.
Marie, who is 71, suffered alleged sexual, physical, and emotional abuse at Greenfield House Convent in St Helens, Merseyside, between 1959 and 1962, and is still fighting for compensation.
Greenfield House Convent, where Marie says she was abused
As soon as she arrived as a six-year-old, Marie says her hair was cut off, her name changed, and she experienced regular beatings from the nuns and students.
She claims a nun instigated the violence, including when Marie was held down so that her legs were “spread-eagled” as she was sexually abused with a coat hanger.
Merseyside Police investigated claims of abuse at the convent, but in 2016, a suspect died before charges could be brought.
Marie has received an apology from the Catholic body that ran the home; she tried to sue them, but her claim was rejected because it was filed too long after the alleged abuse.
Marie, 71, is still fighting for compensation for the abuse she says she suffered as a child
In February, ministers said the law would change for victims of sexual abuse trying to sue institutions for damages, which was a recommendation from the IICSA.
Previously, people had to make a civil claim before they were 21, unless the victim could prove a fair trial could proceed despite the time lapse.
Campaigners argued for the time limit to be removed as, on average, victims wait 26 years to come forward. Changes to the 1980 Limitation Act could lead to more people making claims.
Peter Garsden, President of The Association of Child Abuse Lawyers
Civil cases ‘can take three to five years’
But Peter Garsden, president of the Association of Child Abuse Lawyers, worries that when it comes to historical abuse where the defendant is dead, institutions will still argue that it is impossible to have a fair trial and will fight to have the case thrown out of court.
Mr Garsden said it takes “between three and five years” for a civil case to get to trial.
He warned that claimants “can end up losing if you go through that process. Whereas the Redress Scheme would be quicker, much more straightforward, and much more likely to give justice to the victims”.
Victim awarded £10 compensation
Jimbo, who was a victim of abuse at St Aidan’s children’s home in Cheshire, took his case to the High Court twice and the Court of Appeal three times, but, after 13 years, all he ended up with was £10 for his bus fare to court.
Despite the Lord Justice of Appeal saying he believed that the abuse had occurred, Jimbo lost his claim because of the time limit for child sexual abuse claims to be made.
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Neither Marie nor Jimbo is likely to benefit from the removal of the time limit for personal injury claims, which is why Mr Garsden is calling on the government to implement a National Redress Scheme for victims of sexual abuse, as recommended by the IICSA.
Hundreds of millions paid to victims
The governments in Scotland and Northern Ireland have set up compensation schemes and paid hundreds of millions of pounds to victims.
In 2023, the then Conservative government said a similar scheme would be organised for England and Wales.
But the Home Office admitted in its Tackling Child Sexual Abuse: Progress Update that it “is not currently taking forward any further steps on the IICSA proposal for a separate, national financial redress scheme for all survivors of child sexual abuse”.
“In the current fiscal environment, this recommendation is very difficult to take forward,” it added.
For victims, the scheme was the last chance of compensation for a lifetime blighted by abuse.
“The money is about justice and about all the other people who have had to suffer this abuse,” Marie said.
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