The post office scandal extends “greatly beyond” faulty Horizon software, according to a lawyer for victims.
Paul Marshall, representing former sub-postmasters, says problems with third party systems in branches, such as ATMs, have been “overlooked”.
A 2013 report commissioned by the Post Office, and not made public at the time, states: “Removing the ATM reduces the risk of (the sub-postmaster) being suspended… as does the presence of lottery tickets, (banking) services, and DVLA processing.”
It indicates there were issues known to the Post Office with third party systems within branches – separate to Horizon software.
Barrister Paul Marshall believes, as a result, there are “no convictions” secured by the Post Office against any sub-postmaster “that could or should properly be treated as safe”.
He says evidence of third party errors, such as ATMs, shows “the scandal extends considerably beyond, greatly beyond, it might be said, the limited focus of bugs in Horizon”.
Blanket exoneration legislation being introduced this summer will only quash convictions brought about “by erroneous Horizon evidence”.
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Mr Marshall asserts that postmasters who have had appeals against convictions rejected by the Court of Appeal may have lost because their offences didn’t fall within the “narrow scope” of Horizon issues.
“Horizon was the only accounting system,” says Mr Marshall, “so other systems like ATM machines, bank giro payments, pension payments, lottery tickets, they’re all processed by Horizon, but they weren’t Horizon.”
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Review into another Post Office system
“The position adopted by the Court of Appeal,” he states, “is if this is a Horizon shortfall case, that is the sole basis you can have your conviction overturned.
“But you could lose your business and have an accounting shortfall that has got absolutely nothing to do with Horizon.”
The report by Detica, a consulting division of BAE systems, concluded that “Post Office systems are not fit for purpose in a modern retail and financial environment”.
Chirag Siphura’s case – ATM shortfalls
Image: Chirag Sidhpura received interim compensation last year
Chirag Siphura was threatened with prosecution for ATM shortfalls at his branch in Surrey in 2017, four years after the Post Office received the Detica report.
He was ordered to pay £57,000.
Last year he received interim compensation, with Post Office accepting it was a “Horizon related” issue.
He says that the banks “used to be able to access the ATM remotely”, and that they would carry out updates, “but where the updates happened remotely the figures were always thrown out”.
Mr Siphura describes how the Post Office “always believed the figures that the ATM was giving were 100% correct”.
“If the bank came back and said ‘no, this figure is not correct’,” he continues, “then the Post Office will always take their word over our word.
“And we would then have to come up with evidence to demonstrate their figures are wrong.”
With an IT background Chirag was able to eventually investigate.
IT expert Jason Coyne: Many more impacted.
Image: Jason Coyne believes believes many more people affected by third party systems may not have come forward
IT expert Jason Coyne, hired by Alan Bates and other sub-postmasters, submitted a report as part of their High Court case in 2016.
He describes asking the Post Office for information related to third party systems, such as ATMs.
“They would attempt to resist my request for information,” he says, “because what they would say is this isn’t Horizon information and therefore it’s outside of the Horizon trial.”
He says that the High Court judge at the time, Mr Justice Fraser, was “rightly trying to keep the Horizon trial just about the Horizon system”.
“But what he didn’t know at the time,” he continues, “…is that all of these third party systems were absolutely critical to Horizon’s operation” so it was “wrong of Post Office to prevent us access to those documents.”
Mr Coyne believes “many more people” affected by third party systems may not have come forward to date – separate to those already identified as having Horizon issues.
Wendy Cousins case: “My wife died totally innocent”.
Image: Wendy Cousins is shown on her wedding day. Pic: Paul Cousins
Wendy Cousins was convicted of stealing £13,000, relating to pension payments, from her branch in 2005.
Judges at the Court of Appeal ruled that the Horizon computer software had not been “essential” to her prosecution, and upheld her conviction.
She died in February 2022 – less than a year later.
Her husband Paul says he believes her conviction “was a factor in her premature death” from cancer.
“She was treated as a criminal right from the very start,” he says, “…they stuck a sign on the door saying ‘Closed’.”
Paul Cousins says Wendy was persuaded to plead guilty to escape jail.
He is convinced of her innocence and wants her case reviewed again.
“My hope would be that Wendy will be exonerated,” he says.
A Post Office spokesperson said: “We are deeply sorry for the pain which has been suffered by so many people throughout the Horizon IT Scandal.”
They added: “We remain focused on supporting the inquiry.”
In a statement the Department for Business and Trade said it was “committed to righting the wrong of the past and have introduced urgent legislation to overturn the convictions of hundreds of postmasters before the summer.
“If any further injustices emerge, these can be considered by the Criminal Complaints Review Commission, which can ask the Court of Appeal to overturn convictions,” the statement added.
It started with a strong espresso in a simple cafe on a side street in north London.
Several Algerian men were inside, a few others were outside on the pavement, smoking.
I’d been told the wanted prisoner might be in Finsbury Park, so I ordered a coffee and asked if they’d seen him.
Image: Spotting a man resembling the suspect, Tom and camera operator Josh Masters gave chase
They were happy to tell me that some of them knew Brahim Kaddour-Cherif – the 24-year-old offender who was on the run.
One of the customers revealed to me that he’d actually seen him the night before.
“He wants to hand himself to police,” the friend said candidly.
This was the beginning of the end of a high-profile manhunt.
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The Algerian convicted sex offender had been at large since 29 October, after he was mistakenly released from HMP Wandsworth in south London.
Within an hour of meeting the friend in the cafe, he had followed myself and camera operator Josh Masters to a nearby street.
Image: Kaddour-Cherif was accidentally freed five days after the wrongful release of convicted sex offender Hadush Kebatu (pictured). They were both arrested separately in Finsbury Park. Pic: Crown Prosecution Service/PA
We weren’t yet filming – he didn’t want any attention or fuss surrounding him.
“Follow me, he’s in the park,” the man told me.
“Follow – but not too close.”
We did.
I was in the same park a few weeks ago after fugitive Hadush Kebatu, the Ethiopian sex offender – also wrongly released from prison – was arrested in Finsbury Park.
It was odd to be back in the same spot in such similar circumstances.
As he led us through the park past joggers, young families and people playing tennis, the man headed for the gates near Finsbury Park station.
All of a sudden, two police officers ran past us.
The Met had received a tip-off from a member of the public.
It was frantic. Undercover officers, uniformed cops, screeching tyres and blaring sirens. We were in the middle of the manhunt.
As they scoured the streets at speed, we walked by some of the Algerian men I’d seen in the cafe.
Image: Kaddour-Cherif walked up to a nearby police van as Tom continued to question him
One man near the group was wearing green tracksuit bottoms, a beanie hat and had glasses on.
“It’s him, it’s him,” one of the other men said to me, gesturing towards him.
The man in the beanie then quickly turned on his heel and walked off.
“It’s him, it’s him,” another guy agreed.
The suspect was walking off while the police were still searching the nearby streets.
Josh and I caught up with him and I asked directly: “Are you Brahim?”
You may have watched the exchange in the Sky News video – he was in denial, evasive and pretended the suspect had pedalled off on a Lime bike.
I can only guess he knew the game was up, but for whatever reason, he was keeping up the lie.
Image: Police moved in to handcuff him and used their phones to check an image of the wanted man from one of Sky News’ online platforms
Image: Once his identity was confirmed, Kaddour-Cherif was put into the back of the police van
Moments later, one of the bystanders told me “it is him” – with added urgency.
Only the prisoner knows why he then walked up to the nearby police van – officers quickly moved to handcuff him and tell him why he was being arrested.
Over the next 10 minutes, he became agitated. His story changed as I repeatedly asked if he had been the man inside HMP Wandsworth.
Officers needed confirmation too – one quickly pulled out a smartphone and checked an image of the wanted man from one of Sky News’ online platforms.
Nadjib had been on the lookout for the convicted sex offender, who had been spending time in different parts of north London since his release from HMP Wandsworth.
He even had a folded-up newspaper clipping in his pocket so that he could check the picture himself.
He told Sky News he was “very happy when he got arrested”.
“I don’t like the sex offenders,” he said.
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“I know him from the community. He has been around here every night since he was released from prison.”
Image: Nadjib (L) told Sky’s Tom Parmenter he had been looking out for the offender
Not only did he tip the police off about the prisoner’s whereabouts, but he also witnessed the other high-profile manhunt that ended in the same park last month.
Ethiopian asylum seeker Hadush Kebatu was also arrested in Finsbury Park after a 48-hour manhunt in the capital. He was then deported to Ethiopia.
Image: Brahim Kaddour-Cherif
“When he [Kebatu] got arrested in the park I was there,” Nadjib said.
I asked him why both men ended up in the same park in north London.
“Because the community, he came here for the community of Algerians,” he said.
Several Algerian people that I spoke to on Friday told me how shameful they thought it was that this sex offender was still on the run.
An NHS trust and a ward manager will be sentenced next week for health and safety failings – more than a decade after a young woman died in a secure mental health hospital.
Warning: This article contains references to suicide.
The decisions were reached after the joint-longest jury deliberation in English legal history.
Alice was 22 years old when she took her own life at London’s Goodmayes Hospital in July 2015.
Her parents sat through seven months of difficult and graphic evidence – and told Sky News the experience retraumatised them.
Image: Mother Jane Figueiredo
Jane Figueiredo said: “It’s very distressing, because you know that she’s been failed at every point all the way along, and you’re also reliving the suffering that she went through.
“It’s adding trauma on top of the wound that you’ve already got, the worst wound you can imagine, of losing your child.”
Image: Step-father Max Figueiredo
Alice’s stepfather Max said he remains “appalled” that she died in a place they thought would care for her.
“The fact we have these repeated deaths of very young people in secure mental health units shocks me to the core. How can society look at that event and portray it as something that happens as a matter of course?”
Ms Figueiredo said Alice had predicted her own death.
“She said to us – out of fear really: ‘The only way I’m going to leave this ward is in a body bag.’
Image: Alice had predicted her own death, her mother says
In a statement, the North East London NHS Foundation Trust said: “We are deeply sorry for Alice’s death, and we extend our heartfelt condolences to her family and loved ones.
“We have taken significant steps to continually improve the physical and social environment, deliberately designed to support recovery, safety, wellbeing, and assist our workforce in delivering compassionate care.”
For Alice’s family, the convictions have brought some justice, but they will never have complete closure.
“As a mum your bereavement doesn’t ever end, it changes over years as you go on, but it’s unending. The thought I won’t even hear her voice is unbearable and I still miss it. I still miss her voice,” Ms Figueiredo said.
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.