A damning report into the faulty Post Office IT system that preceded Horizon has been unearthed after nearly 30 years – and it could help overturn criminal convictions.
The document, known about by the Post Office in 1998, is described as “hugely significant” and a “fundamental piece of evidence” and was found in a garage by a retired computer expert.
Capture was a piece of accounting software, likely to have caused errors, used in more than 2,000 branches between 1992 and 1999.
It came before the infamous faulty Horizon software scandal, which saw hundreds of sub-postmasters wrongfully convicted between 1999 and 2015.
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1:49
What is the Capture scandal?
The “lost long” Capture documents were discovered in a garage by a retired computer expert who came forward after a Sky News report into the case of Patricia Owen, a convicted sub-postmistress who used the software.
Adrian Montagu was supposed to be a key witness for Pat’s defence at her trial in 1998 but her family always believed he had never turned up, despite his computer “just sitting there” in court.
Mr Montagu, however, insists he did attend.
He describes being in the courtroom and adds that “at some point into the trial” he was stood down by the barrister for Mrs Owen with “no reason” given.
Image: Adrian Montagu was supposed to be a key witness for Pat’s defence
Sky News has seen contemporaneous notes proving Mr Montagu did go to Canterbury Crown Court for the first one or two days of the trial in June 1998.
“I went to the court and I set up a computer with a big old screen,” he says.
“I remember being there, I remember the judge introducing everybody very properly…but the barrister in question for the defence, he went along and said ‘I am not going to need you so you don’t need to be here any more’.
“I wasn’t asked back.”
Image: The ‘lost long’ Capture documents were discovered in a garage
Sky News has reached out to the barrister in Pat Owen’s case who said he had no recollection of it.
‘An accident waiting to happen’
The report, commissioned by the defence and written by Adrian Montagu and his colleague, describes Capture as “an accident waiting to happen”, and “totally discredited”.
It concludes that “reasonable doubt exists as to whether any criminal offence has taken place”.
It also states that the software “is quite capable of producing absurd gibberish”, and describes “several insidious faults…which would not be necessarily apparent to the user”.
All of which produced “arithmetical or accounting errors”.
Sky News has also seen documents suggesting the jury in Pat Owen’s case may never have seen the report.
What is clear is that they did not hear evidence from its author including his planned “demonstration” of how Capture could produce accounting errors.
Image: But flaws were found within it
Pat Owen was convicted of stealing from her Post Office branch in 1998 and given a suspended prison sentence.
Her family describe how it “wrecked” her life, contributing towards her ill health, and she died in 2003 before the wider Post Office scandal came to light.
Her daughter Juliet said her mother fought with “everything she could”.
“To know that in the background there was Adrian with this (report) that would have changed everything, not just for mum but for every Capture victim after that, I think is shocking and really upsetting – really, really upsetting.”
Image: Pat died before the contents of the report came to light
The report itself was served on the Post Office lawyers – who continued to prosecute sub-postmasters in the months and years after Pat Owen’s trial.
‘My blood is boiling’
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3:09
‘They knew software was faulty’
Steve Marston, who used the Capture software in his branch, was one of them – he was convicted of stealing nearly £80,000 in September 1998.
His prosecution took place four months after the Capture report had been served on the Post Office.
Steve says he was persuaded to plead guilty with the “threat of jail” hanging over him and received a suspended sentence.
He describes the discovery of the report as “incredible” and says his “blood is boiling” and he feels “betrayed”.
“So they knew that the software was faulty?,” he says. “It’s in black and white isn’t it? And yet they still pressed on doing what they did.
“They used Capture evidence … as the evidence to get me to plead guilty to avoid jail.
“They kept telling us it was safe…They knew the software should never have been used in 1998, didn’t they?”
Steve says his family’s lives were destroyed and the knowledge of this report could have “changed everything”.
He says he would have fought the case “instead of giving in”.
“How dare they. And no doubt I certainly wasn’t the last one…And yet they knew they were convicting people with faulty software, faulty computers.”
Image: Steve’s prosecution took place four months after the Capture report had been served on the Post Office
The report is now with the Criminal Cases Review Commission, the body investigating potential miscarriages of justice, which is currently looking into 28 Capture cases.
A fundamental piece of evidence
Neil Hudgell, the lawyer representing more than 100 victims, describes the report as “hugely significant”, “seismic” and a “fundamental piece of evidence”.
“I’m as confident as I can be that this is a good day for families like Steve Marston and Mrs Owen’s family,” he says.
“I think (the documents) could be very pivotal in delivering the exoneration that they very badly deserve.”
He also added that “there’s absolutely no doubt” that the “entire contents” of the “damning” report “was under the noses of the Post Office at a very early stage”.
Image: Pat Owen
He describes it as a “massive missed opportunity” and “early red flag” for the Post Office which went on to prosecute hundreds who used Horizon in the years that followed.
“It is a continuation of a theme that obviously has rolled out over the subsequent 20 plus years in relation to Horizon,” he says.
“…if this had seen the light of day in its proper sense, and poor Mrs Owen had not been convicted, the domino effect of what followed may not have happened.”
What the Post Office said
Sky News approached the former Chief Executive of the Post Office during the Capture years, John Roberts, who said: “I can’t recall any discussion at my level, or that of the board, about Capture at any time while I was CEO.”
A statement from the Post Office said: “We have been very concerned about the reported problems relating to the use of the Capture software and are sincerely sorry for past failings that have caused suffering to postmasters.
“We are determined that past wrongs are put right and are continuing to support the government’s work and fully co-operating with the Criminal Cases Review Commission as it investigates several cases which may be Capture related.”
A Department for Business and Trade spokesperson said: “Postmasters including Patricia Owen endured immeasurable suffering, and we continue to listen to those who have been sharing their stories on the Capture system.
“Government officials met with postmasters recently as part of our commitment to develop an effective and fair redress process for those affected by Capture, and we will continue to keep them updated.”
A larger than expected hike in the energy price cap from October is largely down to higher costs being imposed by the government.
The typical sum households face paying for gas and electricity when using direct debit is to rise by 2% – or £2.93 per month – to £1,755, the energy watchdog Ofgem announced.
The latest bill settlement, covering the final quarter of the year until the next price review takes effect from January, will affect around 20 million households.
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1:57
Bills must rise to pay for energy transition
The discount is set to add £15 to the average annual bill.
It will provide £150 in support to 2.7 million extra people this year, bringing the total number of beneficiaries to six million.
The balance is made up from money needed to upgrade the power network.
Tim Jarvis, director general of markets at Ofgem, said: “While there is still more to do, we are seeing signs of a healthier market. There are more people on fixed tariffs saving themselves money, switching is rising as options for consumers increase, and we’ve seen increases in customer satisfaction, alongside a reduction in complaints.
“While today’s change is below inflation, we know customers might not be feeling it in their pockets. There are things you can do though – consider a fixed tariff as this could save more than £200 against the new cap. Paying by direct debit or smart pay as you go could also save you money.
“In the longer term, we will continue to see fluctuations in our energy prices until we are insulated from volatile international gas markets. That’s why we continue to work with government and the sector to diversify our energy mix to reduce the reliance on markets we do not control.”
The looming price cap lift will leave bills around the same sort of level they were in October last year but it will take hold at a time when overall inflation is higher.
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1:09
Inflation has gone up again – this explains why
Food price increases, also partly blamed on government measures such as the national insurance contributions hike imposed on employers, have led the main consumer prices index to a current level of 3.8%.
It is predicted to rise to at least 4% in the coming months, further squeezing household budgets.
Ministers argue that efforts to make the UK less reliant on natural gas, through investment in renewable power sources, will help bring down bills in future.
Energy minister Michael Shanks said: “We know that any price rise is a concern for families. Wholesale gas prices remain 75% above their levels before Russia invaded Ukraine. That is the fossil fuel penalty being paid by families, businesses and our economy.
“That is why the only answer for Britain is this government’s mission to get us off the rollercoaster of fossil fuel prices and onto clean, homegrown power we control, to bring down bills for good.
“At the same time, we are determined to take urgent action to support vulnerable families this winter. That includes expanding the £150 Warm Home Discount to 2.7 million more households and stepping up our overhaul of the energy system to increase protections for customers.”
The small increase in domestic energy bills announced today confirms that prices have stabilised since the ruinous spikes that followed Russia’s invasion of Ukraine, but remain 40% higher than before the war – around 20% in real terms – with little chance of falling in the medium-term.
Any increase in the annual cost of gas and electricity is unwelcome. But, at 2%, it is so marginal that in practice many consumers will not notice it unless they pay close attention to their consumption.
Regulator Ofgem uses a notional figure for “typical” annual consumption of gas and electricity to capture the impact of price change, which shows a £34 increase to £1,755.
At less than £3 a month it’s a small increase that could be wiped out by a warm week in October, doubled by an early cold snap, and only applies to those households that pay a variable rate for their power.
That number is declining as 37% of customers now take advantage of cheaper fixed rate deals that have returned to the market, as well as direct debit payments, options often not available to those struggling most.
Ofgem’s headline number is useful as a guide but what really counts is how much energy you use, and the cap the regulator applies to the underlying unit prices and standing charges.
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Here the maximum chargeable rate for electricity rises from 25.73p per kWh to 26.35p, while the unit cost of gas actually falls, from 6.33p per kWh to 6.26p. Daily standing charges for both increase however, by a total of 7p.
That increase provides an insight into the factors that will determine prices today and in future.
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3:36
Energy price cap rises by 2%
The biggest factor remains the international price of wholesale gas. It was what drove prices north of £4,000 a year after the pipelines to Russia were turned off, and has dragged them back down as Norway and liquid natural gas imported from the US, Australia and Qatar filled the gap.
The long-term solution is to replace reliance on gas with renewable and low-carbon sources of energy but shifting the balance comes with an up-front cost shared by all bill payers. So too is the cost of energy poverty that has soared since 2022.
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1:57
Bills must rise to pay for energy transition
This price cap includes an increase to cover “balancing costs”. These are fees typically paid to renewable generators to stop producing electricity because the national grid can’t always handle the transfer of power from Scotland, where the bulk is produced, to the south, where the lion’s share is consumed.
There is also an increase to cover the expansion of the Warm Homes Discount, a £150 payment extended to 2.7 million people by the government during the tortuous process of withdrawing and then partially re-instating the winter fuel payment to pensioners.
And while the unit price of gas has actually fallen, the daily standing charge, which covers the cost of maintaining the gas network, has risen by 4p, somewhat counterintuitively because we are using less.
While warmer weather and greater efficiency of homes means consumption has fallen, the cost of maintaining the network remains, and has to be shared across fewer units of gas. Expect that trend to be magnified as gas use declines but remains essential to maintaining electricity supply at short notice on a grid dominated by renewables.
Cash-strapped Thames Water has agreed a payment plan with regulators to cover off a record fine that threatened to exacerbate its financial difficulties.
Britain’s biggest supplier was to pay £24.5m of the £122.7m sum by 30 September under the agreement.
Ofwat, which imposed the penalty in May for breaches of its rules over sewage discharges and dividend payments, said the balance would be due once a rescue financing deal was agreed or if it was placed into a special administration regime by the government.
Sky News revealed earlier this month that Steve Reed, the environment secretary, had signed off on the appointment of FTI Consulting to assist with contingency planning for putting Thames into a special administration regime.
It further meant that FTI was the frontrunner to act as the company’s administrator, should Thames fail to secure its private sector bailout.
Sky’s City editor Mark Kleinman said that the deal on the table, that would see Thames’s lenders injecting about £5bn of new capital and writing off roughly £12bn of value across its capital structure, was potentially dependent on Ofwat’s handling of the water firm’s fines.
More on Thames Water
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3:46
Administrator lined up for Thames Water
Thames has argued it needs financial space to guarantee its turnaround.
Thames initially had until 20 August to pay the £122.7m sum, but it requested the agreement of a payment plan.
Ofwat’s deal with Thames only kicks the can down the road.
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The regulator said on Wednesday that it had set a “backstop date” of 31 March 2030 for the remaining penalties.
Thames Water said the fines would not be paid for out of customer bills.
It added: “The company continues to work closely with stakeholders to secure a market-led recapitalisation which delivers for customers and the environment as soon as practicable.”
The agreement was announced as the water watchdog prepares to be abolished under government plans to bolster oversight of the industry.
Lynn Parker, senior director of enforcement at Ofwat, said: “This payment plan continues to hold Thames Water to account for their failures but also recognises the ongoing equity raise and recapitalisation process.
“Our focus remains on ensuring that the company takes the right steps to deliver a turnaround in its operational performance and strengthen its financial resilience to the benefit of customers.”