Thread by @nickwallis

Welcome to Court 3 of Southwark Crown Court for a mention hearing of six former Subpostmasters whose convictions have been referred by the Criminal Cases Review Commission.

They form part of the wider cohort of 47 Subpostmasters whose cases were referred earlier this year. The CCRC believes the convictions were Abuse of Process.

The Southwark Six are being dealt with at crown court because they were convicted at magistrates courts around the country between 2004 and 2012.

The full details are:

Cleife, Julie – false representation – 26/10/10 – Basingstoke MC

Trousdale, Christopher – False accounting – 8/3/04 Scarborough Mags’ Court

Rudkin, Susan – False accounting – 23/3/09 – Burton-upon-Trent Mags’ Court...

Patel, Vipinchandra – Fraud – 3/6/11 – Oxford Mags’ Court

Ashraf, Kamran – Theft – 28/1/04 – South Western Mags’ Court

Barang, Jasvinder – Fraud 3/8/12 – Luton Mags’ Court

This is the first hearing, but…

… because the Post Office is not opposing their appeals, and because the appellants are understandably keen to have their names cleared…

… there is a possibility that their convictions could be quashed today. We are in the lap of the gods, or, more specifically, Her Honour Judge Taylor, Recorder of Westminster.

The court is sitting.

4 out of the 6 appellants are present. The Rudkins are listening in via video link.

Simon Baker from the Post Office is on his feet.

Explaining the convictions of the Postmasters and the fines they paid.

Kamran Ashraf paid £25,000 and pleaded guilty to theft in 2004

Susan Rudkin got a suspended sentence of a year and had £43,000 confiscated.

Ms Cliefe pleaded guilty to fraud in Basingstoke, got 100 hrs...

… community service.

Mr Patel got a suspended sentence for fraud in Oxford.

Ms Barang pleaded guily to fraud at Luton.

[Sorry he’s just repeating more or less what I told you. Now SB is explaining the CCRC referral process and the High Court class action which...

…. the Postmasters won last year]

SB in fact today is the anniversary of the High Court action being settled

[so it is! here’s my report from the day: postofficetrial.com/2019/12/its-al…]

SB explaining the remaining 41 cases are hoping to get their convcitions quashed at the Court of Appeal in March.

SB now explaining the legal wrinkle that could cause the delay, but doesn’t think it should cause a delay...

Judge I’ve looked at that point and I am satisfied that is correct.

[which suggests that we could get the convictions quashed today. Another PO barrister is on her feet - Jacqui Carey - she is explaining the reason why the PO is not opposing each case in turn]

JC Kamran Ashraf originally admitted taking money to pay staff bills. In the Group Litigation he said it was to cover shortfalls caused by the Horizon IT system. This was 2004 - we don’t have the data any more. No realistic prospect of conviction

Jaswinder Barang accepted...

… transaction corrections to cover problems she said she was having with IT system. Given the IT system was central to her problems, there is no realistic prospect of conviction.

Julie Cleife at the time of her audit in 2010 and at her interview she said she had problems...

… with Horizon and she had inflated her cash figures to balance her accounts. Her problems worsened when Horizon was installed. It was central to her case.

Vipinchandra Patel accepted falsifying branch trading statements but Horizon was central to his case. We do not...

… think there is public interest in his prosecution.

Susan Rudkin stated the branch had losses which she’d tried to make good with her own money which left her unable to pay for her business and household bills. She then used PO money to pay those bills….

… she made a number of calls about Horizon. It was central to her case and given its proven subsequent unreliability it is not being opposed.

Christopher Trousdale stated he had experienced unexplained shortages of cash and so had falsified the branch accounts to cover up those shortages. He told PO interviewers he had received a large number of error notices which he found confusing as he thought he had been...

… following proper procedures. Horizon was therefore essential to his case

[JC sits down]

Mr Trousdale’s QC on his feet to mention who he represents. Says the only thing he would like is a costs order for Mr Trousdale of £130 for his train ticket down to London.

Sandip Patel on his feet for Kamran Ashraf on his feet to disputes the PO account that he gave two different explainations for the discrepancy at his branch and wants it noted for his record.

Also has a costs request for Jaswinder Barang and Kamran Ashraf for legal rep...

… and travel. Asks if he can submit within 14 days.

Judge agrees costs requests.

Susan Rudkin has dialled in on the court’s system and cannot hear what’s going on. Neither can one of the Post Office lawyers.

Judge is asking the court to sort the comms.

[as my dad, a signals officer, once told me, never trust a plan that relies on comms]

[this was, admittedly before mobile phones, the internet and a global pandemic made the entire world reliant on comms - but it’s a good principle. It’s why I’m in court in person]

[using comms - as @magicblakey points out]

[judge has returned - Tim Moloney QC for Susan Rudkin is on his feet explaining to the judge the latest comms plan - we are trying to reconnect]

JC for the PO on her feet re-reading her section on Susan Rudkin for her benefit now she is (maybe?) hearing what’s going on...

Judge allows the appeals and enters not guilty verdicts in relation to all appeals.

CONVICTIONS QUASHED!!!!

Jusge says she is sure all the appellants are grateful for the PO’s approach so that the matter can be put to rest for them.

Judge rises. Smiles amongst all.

Jaswinder and Kamran hug.

Mrs Patel hugs her son.

Jaswinder is crying.

People forgetting social distancing guidelines at a moment like this is perhaps understandable.

I’m going to get outside to hoover up some TV interviews. Do watch ITV Lunchtime News at 1330 for more.

The first Subpostmasters to have their criminal convictions quashed - some after a 17 year campaign: left - Chris Trousdale, 3rd left Vipin Patel, 4th right Kamran Ashraf, 3rd right Jaswinder Barang.

There are 41 other Subpostmasters whose cases are being dealt with by the High Court, the CCRC is still considering a further 21 cases and the Post Office believes there are aroundd 500 convictions between 1999 and 2014 where IT evidence played a part.

Of course not all those convictions will be unsafe, but it is likely many could be.

The current cohort at the Court of Appeal will be heard in March 2021 (they may be joined by some of the cases the CCRC is currently considering), but there will, I suspect, be more to come.

Just a note to say my piece is being shifted to the ITV Evening news at 6.30pm

Computer Weekly has published the story here, 11 long years after breaking it:

computerweekly.com/news/252493522…

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