About 100 sub-postmaster convictions separate to Post Office cases may be ‘tainted’
Prosecutions of sub postmasters by the Department for Work and Pensions could be “tainted” as Sky News reveals officials worked with now discredited Post Office investigators to secure convictions.
Around 100 prosecutions of Post Office staff were led by the Department for Work and Pensions (DWP) between 2001 and 2006.
It is understood that these usually involved the cashing in of stolen order books.
The Post Office itself wrongly prosecuted hundreds of sub-postmasters between 1999 and 2015 – based on evidence from the faulty Horizon accounting system.
The role of government
A Sky News investigation, however, has discovered that information was shared between Post Office investigation teams and the DWP.
Chair of the Justice Select Committee, Sir Robert Neill KC, said as a result DWP convictions “need to be looked at”.
“I hadn’t been aware of that, for example, there may have been material in the DWP case as a result of joint investigations – which suggests a disclosure failure,” he added.
“I think that’s the area they need to look at if we are saying their approach was tainted from the beginning – in the way the investigators adopted things – then joint operations I suspect would be just as tainted arguably as something where it has been the Post Office on its own.”
What was known?
A 2003 DWP report into fraud describes “joint working” and the “sharing of information” with the Post Office.
It also outlines a “Fraud Prevention Board” established by the DWP and Royal Mail Group plc which includes “the exchange of information that directly assists fraud prevention and investigations”.
In addition, separately, a 2003 letter seen by Sky News also indicates a connection between DWP and Post Office investigations.
The letter, from the then post affairs minister Stephen Timms, references the case of Roger Allen, a sub-postmaster from Norwich.
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It states: “Subsequent investigations by the police, the Post Office Investigation Department and the Department for Work and Pensions (DWP) led to a prosecution by DWP…”
Roger Allen was convicted in 2004 of stealing pension payments and was sentenced to six months in prison. He died in March of this year.
Mr Allen had pleaded guilty to spare his wife – after his lawyer told him in a letter that there had been “an indication from the Crown that they may discontinue the proceedings against Mrs Allen were you minded to plead guilty”.
Despite the Criminal Cases Review Commission deciding Mr Allen had grounds to appeal against his conviction – it was upheld by the Court of Appeal in 2021.
DWP prosecutions are not covered in upcoming government legislation that will overturn Post Office convictions.
Roger Allen. Pic: Keren Simpson
Fighting to clear names
Keren Simpson, Roger’s daughter, has vowed to fight to clear his name posthumously.
She describes her father as a “proud” and “honest” man who “couldn’t face or deal” with the fact his conviction would not be overturned.
She says “in the end he obviously gave up” and there is “very little surviving evidence” because of the passage of time.
“He’s the innocent one,” Keren states. “I don’t see why he’s got to try and prove it. They have got to try and prove it, and show what evidence they actually had on my dad.
“Because the Department of Work and Pensions have put a statement out saying there was surveillance and witness testimonies and physical evidence to show it.
“Show me it.”
Roger Allen. Pic: Keren Simpson
Investigation failures?
Sky News has also seen documents that suggest failures by DWP investigators in a different case in the 2000s.
It involved a sub-postmaster who decided to plead not guilty and was acquitted of stealing by a jury.
In one extract it says a “senior investigating officer” was “willing to admit in open court that (they) had been neglectful in (their) duty in securing evidence”.
Another document appears to show a failure to review transaction logs used as evidence against the sub-postmaster.
Some logs appear to show that the accused did not cash the “dockets”, used to collect pension payments.
Other transaction logs indicate the sub-postmaster was not present at a particular branch when the theft was alleged to have occurred.
Christopher Head
Chris Head, former sub-postmaster and a campaigner for others, has also seen the documents and says they point to a “deeply flawed” DWP investigation.
“…they failed to obtain all transaction logs for the entirety of this case, but the ones that they have, they have they clearly haven’t looked at.”
He believes there are “more cases out there” which could be “part of a miscarriage of justice”.
A Department for Work and Pensions spokesperson said: “We do not recognise these claims.
“DWP investigates offences against the welfare system to protect taxpayers’ money, and between 2001 and 2006 a small number of Post Office staff were convicted for welfare-related fraud.
“These cases involved complex investigations and were backed by evidence including filmed surveillance, stolen benefit books and witness statements – they did not rely on Horizon evidence, and this has been accepted by the Court of Appeal.”
The Post Office says it “continues to help other prosecuting authorities to ensure that they have every assistance in taking their work forward”.
“This includes sharing all the information we have in relation to prosecutions which have been brought by other prosecutors.”
Meanwhile, Lord Sikka has tabled an amendment in the House of Lords to the Post Office (Horizon System) Offences Bill to include all DWP convictions.
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.
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.
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.
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.
Read more on Tom’s story:
Wrongly released prisoner’s angry reaction
‘I’m glad he’s been arrested‘
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.
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.
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
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.
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Teen speeding after passing driving test caused friend’s death
DNA pioneer censured for offensive race remarks dies
Did Putin’s right-hand man make him look weak?
When Tom first caught up with him, Kaddour-Cherif claimed the culprit had left on a Lime bike
“It’s not my f****** fault, they release me!” he yelled at me.
The search was over, the prisoner cage in the back of the van was opened and he was guided in.
I then spoke to another Algerian man who had tipped off the police – he told me he hated sex offenders and the shame he felt over the whole episode.
The community had done the right thing – there were two tip-offs – one to me, one to the police.
The farce of this manhunt had gone on long enough.
UK
Nadjib, who tipped off police over released prisoner Brahim Kaddour-Cherif, tells Sky News he’s ‘happy to see him arrested’
“It’s him, it’s him, it’s him”, the man told me urgently.
While police were frantically searching in Finsbury Park for wanted sex offender Brahim Kaddour-Cherif, locals were telling me where he was.
Immediately after the dramatic arrest, filmed exclusively by Sky News we spoke to the North African man who tipped off the police.
Sky News filmed Brahim Kaddour-Cherif’s rearrest
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.
“I know him from the community. He has been around here every night since he was released from prison.”
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.
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.
“Job done,” Nadjib said, before walking off.
UK
Alice Figueiredo: NHS trust and ward manager to be sentenced – over a decade after young patient’s death
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.
Earlier this year, a jury found the North East London NHS Foundation Trust and ward manager Benjamin Aninakwa did not do enough to prevent Alice Figueiredo from killing herself.
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.
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.”
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.’
“It’s because she did not feel safe.”
Read more from Sky News:
Joey Barton found guilty over social media posts
Six police officers facing misconduct probe
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.
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