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
Urgent letter to home secretary over violence against women and girls strategy – as it omits child abuse
Ten child protection organisations have written an urgent letter to the home secretary expressing concern about the omission of child sexual abuse from the government’s violence against women and girls strategy, following a Sky News report.
Groups including the NSPCC, Barnardo’s and The Children’s Society wrote to Yvette Cooper to say that violence against women and girls (VAWG) and child sexual abuse are “inherently and deeply connected”, suggesting any “serious strategy” to address VAWG needs to focus on child sexual abuse and exploitation.
The letter comes after Sky News revealed an internal Home Office document, titled Our draft definition of VAWG, which said that child sexual abuse and exploitation is not “explicitly within the scope” of their strategy, due to be published in September.
Poppy Eyre when she was four years old
Responding to Sky News’ original report, Poppy Eyre, who was sexually abused and raped by her grandfather when she was four, said: “VAWG is – violence against women and girls. If you take child sexual abuse out of it, where are the girls?”
The Centre of Expertise on Child Sexual Abuse, which is funded by the Home Office and a signatory to the letter, estimates 500,000 children in England and Wales are sexually abused every year.
The NSPCC “welcome” the government’s pledge to halve VAWG in a decade, but is “worried that if they are going to fulfil this commitment, the strategy absolutely has to include clear deliverable objectives to combat child sexual abuse and exploitation too”, the head of policy, Anna Edmundson, told Sky News.
Poppy is a survivor of child sexual abuse
She warned the government “will miss a golden opportunity” and the needs of thousands of girls will be “overlooked” if child sexual abuse and exploitation is not “at the heart of its flagship strategy”.
The government insists the VAWG programme will include action to tackle child sexual abuse, but says it also wants to create a distinctive plan to “ensure those crimes get the specialist response they demand”.
“My message to the government is that if you’re going to make child sexual abuse a separate thing, we need it now,” Poppy told Sky News.
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Rape Crisis, which is one of the largest organisations providing support to women in England and Wales, shares these concerns.
It wants plans to tackle child sexual abuse to be part of the strategy, and not to sit outside it.
“If a violence against women and girls strategy doesn’t include sexual violence towards girls, then it runs the risk of being a strategy for addressing some violence towards some females, but not all,” chief executive Ciara Bergman said.
A Home Office spokesperson said the government is “working tirelessly to tackle the appalling crimes of violence against women and girls and child sexual exploitation and abuse, as part of our Safer Streets mission”.
“We are already investing in new programmes and introducing landmark laws to overhaul the policing and criminal justice response to these crimes, as well as acting on the recommendations of Baroness Casey’s review into group-based Child Sexual Exploitation, and the Independent Inquiry into Child Sexual Abuse,” they added.
UK
Man and boy arrested on suspicion of arson after restaurant fire leaves two in critical condition
A 54-year-old man and a 15-year-old boy have been arrested on suspicion of arson with intent to endanger life after a restaurant fire in east London on Friday.
Three people were taken to hospital in a life-threatening condition after the fire at the Indian Aroma in Ilford.
Two remained in a critical condition on Sunday morning, according to the Metropolitan Police.
The restaurant suffered extensive damage in the blaze.
Two further victims are thought to have left the scene before officers arrived, Scotland Yard said.
Woodford Avenue from above. Pic: UK News and Pictures
Police are still trying to identify them.
CCTV footage seen by the PA news agency appears to show a group of people wearing face coverings walk into the restaurant and pour liquid on the floor.
Seconds later, the inside of the restaurant is engulfed in flames.
“While we have made two arrests, our investigation continues at pace so we can piece together what happened on Friday evening,” said the Met Police’s DCI Mark Rogers.
“I know the community [is] concerned and shocked by this incident.
The moment the fire broke out.
“I would urge anyone with any information or concerns to come forward and speak to police.”
Hospital porter Edward Thawe went to help after hearing screams from his nearby home.
He described the scene as “horrible” and “more than scary and the sort of thing that you don’t want to look at twice.”
He said: “I heard screaming and people saying they had called the police.”
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The 43-year-old said he saw a woman and a severely burned man who may have been customers.
Another witness, who did not want to be named, said he saw three “severely burned” people being doused by the emergency services and given oxygen.
“I can only imagine the pain they were going through,” he said.
On Saturday, the London Ambulance Service told Sky News: “We sent resources to the scene, including ambulance crews, an advanced paramedic, an incident response officer and paramedics from our hazardous area response team.
“We treated five people for burns and smoke inhalation. We took two patients to a major trauma centre and three others to local hospitals.”
The police investigation is continuing.
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