A victim of the Post Office scandal who was wrongly jailed while pregnant has rejected an apology from a former Post Office executive – who celebrated her conviction as “brilliant news” at the time.
Former managing director David Smith made the apology to the Post Office Horizon IT inquiry, saying: “I would absolutely never think that it was ‘brilliant news’ for a pregnant woman to go to prison and I am hugely apologetic that my email can be read as such.”
That victim, Seema Misra – who was sentenced to 15 months in jail and served four months while pregnant – said it wasn’t good enough.
“They’re apologising now, but they missed so many chances before,” Ms Misra told Sky News.
“We had my conviction overturned, nobody came at that time to apologise. And now they just suddenly realised that when they have to appear in a public inquiry, they have to apologise.”
The inquiry is investigating who knew what and when about the faulty accounting software that ruined lives, resulted in huge debts, ill-health, ruined reputations, and led to the conviction of hundreds of innocent sub-postmasters for theft and false accounting.
The scandal received renewed attention after an ITV drama, Mr Bates vs the Post Office, aired early this year and brought to life how Horizon software, developed by Fujitsu, incorrectly generated financial shortfalls at Post Office branches throughout the UK.
In 2010 Mr Smith emailed Post Office prosecutors, congratulating them on a job well done in jailing Ms Misra for theft.
“Brilliant news. Well done. Please pass on my thanks to the team,” he said.
The message was intended to celebrate proving Horizon was robust, Mr Smith said, rather than someone going to prison.
“Regardless of the result, I would have thanked the team for their work on the case.”
“However, seeing this email in the light of what I know now, I understand the anger and the upset that it will have caused and sincerely apologise for that,” Mr Smith’s evidence statement to the inquiry said.
“It is evident that my email would have caused Seema Misra, and her family, substantial distress to read and I would like to apologise for that.”
Ms Misra’s conviction was overturned by the Court of Appeal in 2021 but the memories of her time in prison still give her nightmares, she said.
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Sub-postmistress wrongly jailed while pregnant
A ‘test case’ that added confidence in Horizon
Mr Smith told the inquiry Ms Misra had been used as a “test case”.
The success of the case led to more confidence in Horizon, he said.
He said: “I do know that from this point forward, we didn’t really think about whether we should have an inquiry [into Horizon] again while I was at the Post Office and certainly if you looked at board minutes from the month after and the month after that which had been shared with me, we’re not talking about Horizon at all.”
In response, Ms Misra told Sky News: “How can they do a test on a human being?”
“I’m a living creature,” she added.
“I heard that my case has been used as a test case before. But hearing it again and again, it’s just annoying. It makes me more and more angry, to be honest.”
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A wrongly convicted pregnant sub-postmaster has told Sky News she
Flora Page, a barrister representing some sub-postmasters, said the trial of Ms Misra was being “actively used by Post Office as part of [its] campaign to claim that Horizon was robust”.
This was denied by Mr Smith.
Ms Page questioned Mr Smith at the inquiry about what the Post Office knew before putting Ms Misra behind bars and said prosecutors were alerted to bugs in Horizon on a Friday.
On the following Monday Ms Misra’s trial began, the inquiry heard.
Documentation submitted to the inquiry showed a Fujitsu witness in Ms Misra’s case was present at a pre-trial meeting where bugs in Horizon were being discussed, Ms Page said.
The meeting “made it perfectly plain that Fujitsu had the power to remotely alter branch accounts”, as the option was put forward as a way to resolve the receipts and payments mismatch bug in Horizon, she added.
At the time, Mr Smith said, he was unaware of the meeting and documents.
Image: Former managing director of Post Office Ltd David Smith, arrives to give evidence to the Post Office Horizon IT inquiry.
Pic: PA
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The Post Office was allowed to investigate and bring prosecutions itself and did not require Crown Prosecution Service (CPS) involvement.
Reflecting on how prosecutions were carried out, Mr Smith told the inquiry there are “risks” within the system.
In-house prosecution “can lead you to a position where you might not think as independently as you should do about the quality of the information”, he said.
None of these issues occurred to Mr Smith during his tenure.
He said: “I cannot recall thinking that any risk or compliance issues arose from [the Post Office] undertaking this role, but with the benefit of hindsight, and in light of the wrongful prosecutions, I can see the inherent risks in the prosecutions taking place ‘in house’ and not by an independent enforcement authority.”
At the time the organisation was too focused on other issues, such as the Post Office separating from Royal Mail, the new coalition government, and the need to refinance the business, he said.
The company board was “pre-occupied” with investment from the government, his witness statement said.
“Therefore, although we were aware of the case, at board level we were not heavily focused on it as our attention was on keeping the business running,” he added.
It was down to “institutional bias” that led executives not to interrogate what was being said by sub-postmasters and the public about Horizon, he added.
At least 13 people may have taken their own lives after being accused of wrongdoing based on evidence from the Horizon IT system that the Post Office and developers Fujitsu knew could be false, the public inquiry has found.
A further 59 people told the inquiry they considered ending their lives, 10 of whom tried on at least one occasion, while other postmasters and family members recount suffering from alcoholism and mental health disorders including anorexia and depression, family breakup, divorce, bankruptcy and personal abuse.
Writing in the first volume of the Post Office Horizon IT Inquiry report, chairman Sir Wyn Williams concludes that this enormous personal toll came despite senior employees at the Post Office knowing the Horizon IT system could produce accounts “which were illusory rather than real” even before it was rolled out to branches.
Sir Wyn said: “I am satisfied from the evidence that I have heard that a number of senior, and not so senior, employees of the Post Office knew or, at the very least, should have known that Legacy Horizon was capable of error… Yet, for all practical purposes, throughout the lifetime of Legacy Horizon, the Post Office maintained the fiction that its data was always accurate.”
Referring to the updated version of Horizon, known as Horizon Online, which also had “bugs errors and defects” that could create illusory accounts, he said: “I am satisfied that a number of employees of Fujitsu and the Post Office knew that this was so.”
The first volume of the report focuses on what Sir Wyn calls the “disastrous” impact of false accusations made against at least 1,000 postmasters, and the various redress schemes the Post Office and government has established since miscarriages of justice were identified and proven.
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‘It stole a lot from me’
Recommendations regarding the conduct of senior management of the Post Office, Fujitsu and ministers will come in a subsequent report, but Sir Wyn is clear that unjust and flawed prosecutions were knowingly pursued.
“All of these people are properly to be regarded as victims of wholly unacceptable behaviour perpetrated by a number of individuals employed by and/or associated with the Post Office and Fujitsu from time to time and by the Post Office and Fujitsu as institutions,” he says.
What are the inquiry’s recommendations?
Calling for urgent action from government and the Post Office to ensure “full and fair compensation”, he makes 19 recommendations including:
• Government and the Post Office to agree a definition of “full and fair” compensation to be used when agreeing payouts • Ending “unnecessarily adversarial attitude” to initial offers that have depressed the value of payouts, and ensuring consistency across all four compensation schemes • The creation of a standing body to administer financial redress to people wronged by public bodies • Compensation to be extended to close family members of those affected who have suffered “serious negative consequences” • The Post Office, Fujitsu and government agreeing a programme for “restorative justice”, a process that brings together those that have suffered harm with those that have caused it
Regarding the human impact of the Post Office’s pursuit of postmasters, including its use of unique powers of prosecution, Sir Wyn writes: “I do not think it is easy to exaggerate the trauma which persons are likely to suffer when they are the subject of criminal investigation, prosecution, conviction and sentence.”
He says that even the process of being interviewed under caution by Post Office investigators “will have been troubling at best and harrowing at worst”.
The report finds that those wrongfully convicted were “subject to hostile and abusive behaviour” in their local communities, felt shame and embarrassment, with some feeling forced to move.
Detailing the impact on close family members of those prosecuted, Sir Wyn writes: “Wives, husbands, children and parents endured very significant suffering in the form of distress, worry and disruption to home life, in employment and education.
“In a number of cases, relationships with spouses broke down and ended in divorce or separation.
“In the most egregious cases, family members themselves suffered psychiatric illnesses or psychological problems and very significant financial losses… their suffering has been acute.”
The report includes 17 case studies of those affected by the scandal including some who have never spoken publicly before. They include Millie Castleton, daughter of Lee Castleton, one of the first postmasters prosecuted.
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Three things you need to know about Post Office report
She told the inquiry how her family being “branded thieves and liars” affected her mental health, and contributed to a diagnosis of anorexia that forced her to drop out of university.
Her account concludes: “Even now as I go into my career, I still find it so incredibly hard to trust anyone, even subconsciously. I sabotage myself by not asking for help with anything.
“I’m trying hard to break this cycle but I’m 26 and am very conscious that I may never be able to fully commit to natural trust. But my family is still fighting. I’m still fighting, as are many hundreds involved in the Post Office trial.”
Business Secretary Jonathan Reynolds said the inquiry’s report “marks an important milestone for sub-postmasters and their families”.
He added that he was “committed to ensuring wronged sub-postmasters are given full, fair, and prompt redress”.
“The recommendations contained in Sir Wyn’s report require careful reflection, including on further action to complete the redress schemes,” Mr Reynolds said.
“Government will promptly respond to the recommendations in full in parliament.”
The UK’s public finances are in a “relatively vulnerable position”, the government’s official forecaster has warned.
The Office for Budget Responsibility (OBR) cited a drag from successive economic shocks, recent U-turns on spending cuts and higher-than-expected policy commitments.
It sounded alarm over the projected path for debt as a result, in its annual fiscal risks and sustainability report.
It saw total debt above 270% of gross domestic product (GDP) by the early 2070s – up from a current level of 96.5% – declaring that rising debts have led to “a substantial erosion of the UK’s capacity to respond to future shocks”.
The OBR’s report highlighted damage from the COVID pandemic and cost of living crisis that followed Russia’s invasion of Ukraine.
But it raised fears that past and current government policies were further harming the sustainability of the public finances.
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The report said that the pension triple lock, for example, was now estimated to cost £15.5bn annually by 2029-30.
That was “around three times higher than initial expectations”, it said.
The lock, which rises each year in line with inflation, wage growth or 2.5% – whichever is higher – had risen by more than the 2.5% base in eight of the 13 years of operation to date, the report stated.
The watchdog said it reflected more volatile inflation than expected.
It also picked up on the latest government U-turns over planned welfare and winter fuel payment cuts in the face of rebellions by Labour MPs.
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Welfare U-turn ‘has come at cost’
The decisions are expected to leave Chancellor Rachel Reeves facing a black hole of £6.75bn while weaker-than-expected economic growth could add a further £9bn to that sum in the run-up to the autumn budget, according to Sky News projections that see a void of around £20bn.
The OBR highlighted future risks from rising defence spending and the impact of climate change.
Public sector pay demands could also prove a drag, with resident doctors voting in favour of strikes over pay.
While ministers acknowledge damage to the public purse from the U-turns, Ms Reeves has repeatedly ruled out a new wave of borrowing to fund a spending spree.
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Could the rich be taxed to fill black hole?
As such, the government has not ruled out the prospect of some form of wealth tax to help meet its commitments despite the top 1% of earners contributing almost a third of all income tax already – on top of other targeted taxes such as capital gains.
The report said: “Efforts to put the UK’s public finances on a more sustainable footing have met with only limited and temporary success in recent years in the aftermath of the shocks, debt has also continued to rise and borrowing remained elevated because governments have reversed plans to consolidate the public finances.
“Planned tax rises have been reversed, and, more significantly, planned spending reductions have been abandoned.”
Shadow chancellor Mel Stride said of the report: “The OBR’s report lays bare the damage: Britain now has the third-highest deficit and the fourth-highest debt burden in Europe, with borrowing costs among the highest in the developed world.
“Under Rachel Reeves’ economic mismanagement and Keir Starmer’s weak leadership, our public finances have become dangerously exposed – vulnerable to future shocks, welfare spending rising unsustainably, taxes rising to record highs and crippling levels of debt interest.
“Labour’s recklessness risks it all – your pension, your job, your home, your savings.”
A Number 10 spokesman said: “We recognise the realities set out in the OBR’s report and we’re taking the decisions needed to provide stability to the public finances.”
The UK will miss the White House-imposed deadline to agree a trade deal on steel and aluminium this week, according to insiders from government and industry.
Donald Trump had insisted that unless Britain could finalise the details of its metals trade deal with the US by 9 July, he would raise the tariffs faced by steel and aluminium imports from the 25% the UK currently pays to the 50% paid by other countries. If it could seal the deal, those tariffs could drop to zero.
However, despite weeks of negotiations and promises that the deal would be completed by the end of June, talks have foundered on two key issues. First, the US is insisting that only steel “melted and poured” in the UK (in other words, forged in blast furnaces or electric arc furnaces) can be included in the deal. However, one of Britain’s biggest steel exporters to the US, Tata Steel, is not melting and pouring its UK steel because of the closure of its blast furnaces.
Government insiders have told businesses they still expect to have a deal done by the end of this month, and that they are confident the White House will not impose the 50% tariffs for the time being. They say one of the chief challenges they face is that the administration is so overwhelmed by attempts to negotiate with other countries that they lack the bandwidth to deal with the small print on Britain’s deal.
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3:31
Inside the UK’s last blast furnaces
“As far as the Americans are concerned, the UK is already a done deal,” said one person close to the negotiations. The problem is that while a deal has been done on car and aerospace exports to the US, the metals element of the trade agreement is still some way from being signed. In the meantime, steel exports continue to incur tariffs – albeit lower than those imposed on other countries around the world.