A year ago today Mr Justice Fraser handed down his final judgment in the Bates v Post Office class action. He then announced he was also sending a file to the Director of Public Prosecutions. The judgment was a landmark in so many ways. This thread will attempt to explain why...
First of all, the match report.
“They did it” - what it was like to be there:
But the tl;dr was that Post Office’s Horizon IT system was for most of its existence either not remotely reliable, or not much better. The Post Office criminally prosecuted hundreds of people using Horizon evidence - now the source of the largest single miscarriage of...
… justice in English legal history.
The Criminal Cases Review Commission said the judgments of the Bates v Post Office litigation and especially the Horizon Issues judgment finally provided the evidence needed...
… to refer 47 criminalised Subpostmasters to the Crown Court and Appeal Court to have their convictions quashed.
On Friday last, the six appellants sent to the Crown Court were the first to have their convictions quashed:
… Office, who now, many many years too late, agree their prosecution was an abuse of process.
Tomorrow we will be at the Court of Appeal where three of the appellants will be arguing their prosecutions were an affront to the public conscience. Read why this matters...
The judgment has also provided some uncomfortable truths for the legal profession. A paper, published today, by the School of Advanced Study at the University of London...
… in the journal Digital Evidence and Electronic Signature Law Review, explains exactly where the law has been going wrong, with regard to computer evidence:
… and explains exactly what needs to be done to rectify the problem.
The judgment also led to the Post Office agreeing to reset its relationship with Postmasters, set up two compensation schemes and it forced the government to set up an inquiry chaired by Sir Wyn Williams, which is currently seeking more evidence: gov.uk/government/new… and...
… it also led to a complaint to the Parliamentary Ombudsman by the Justice for Subpostmasters Alliance, who are seeking reparations from the government. The government, btw, owns 100% of the Post Office.
My concern is accountability.
No one has been held responsible for what happened. Since July I have been trying to chase down the specific individuals behind the cover up:
… we got a lot closer to understanding just how serious and extensive the cover-up was with the emergence of the existence of the Clarke advice last month:
Good morning and welcome to court 4 of the Royal Courts of Justice, pictured from Waterloo Bridge. It’s a stunning day, London is empty, but the court is busy to hear legal argument over 41 Subposmasters hoping to have their criminal convcitions overturned…
… I will be live-tweeting proceedings, hopefully abetted by the various skeleton arguments which I have asked to be supplied by the various teams of counsel present today. Words of warning….
… my tweets only SUMMARIZE what is being said or going on in court. My legal responsibilities are to be contemporaneous, accurate and fair. Nothing is VERBATIM unless it is in “direct quotes”, which only happens when someone speaks very slowly and then there is a pause. So...
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.
Depp v NGN update: as you know, the High Court judge who found against Johnny Depp after the recent Depp v NGN libel trial refused him an opportunity to appeal the judgment at the High Court, on the basis the appeal had no “reasonable prospect of success.”...
…. This opened the door to Mr Depp appealing directly to the Court of Appeal. He has done so...
… I am trying to find out the process for applying to the Court to see (if I am allowed) the Grounds of Appeal which he would have filed to trigger the application….
Welcome to Court 7 of the Royal Courts of Justice where the Court of Appeal will be delaing with two items on the agenda this morning. 1. An application by me for a document called the Clarke advice. 2. A contempt hearing involving two of the Subpostmaster appellants barristers.
It’s a pretty dreich day, but inside all is sunshine and light. Well tbh it’s like the inside of a gloomy gothic castle, but we approach the 10.30am start time of this hearing with businesslike efficiency.
I am going to be live-tweeting part 2 of these proceedings, but not part 1, as I might be invited to participate in them.
Welcome to the Royal Courts of Justice. Haven’t been here since the handing down of the Depp v NGN judgment. It is a mild, bright autumnal day here in London. There follows...
… a series of live-tweets outlining what is happening in court, as it happens.
My tweets are required to be accurate and fair, but they are only a summary desciption of events NOT a verbatim record of proceedings. NOTHING is a direct quote unless it is in “direct quotes”...
… Today we are here for a directions hearing (legal argument) about the appeals of 41 Subpostmasters who were given criminal convictions for fraud/false accounting and/or theft after being prosecuted by the Post Office...
BREAKING: Johnny Depp has lost his libel claim against NGN newspapers...
Par 588 "The Claimant has not succeeded in his action for libel. Although he has proved the necessary elements of his cause of action in libel, the Defendants have shown that what they published in the meaning which I have held the words to bear was substantially true."
[sorry par 585 contd] "I have reached these conclusions having examined in detail the 14 incidents on which the Defendants rely as well as the overarching considerations which the Claimant submitted I should take into account…."