Welcome to Court 4 of the Royal Courts of Justice for the first day of a 4 day hearing during which 42 former Subpostmasters are hoping to have their criminal convictions quahed. This will be a live-tweet thread of proceedings, due to start in 2 minutes… #PostOfficeScandal
… I am one of two people from the media allowed in the main court. Sam Tobin from the Press Association is sitting on the press benches and I know Tom Witherow from the Daily Mail is trying to get in….
… So far this morning I think have bumped into Tracy Felstead, Jo Hamilton, Seema Misra, Janet Skinner and Nicki Arch - all campaigning Subpostmasters. It’s very strange as they are all here on their own - no partners or supporters have been allowed due to social distancing...
…. There are two courts in use today (and the hearing is open to those who have applied via videolink). Court 5 is the overspill court. I can see Seema, Jo and Tracy have made it into this court. Neil Hudgell is here too - the solicitor representing...
… the majority of appellants, the rest are mainly barristers….
42 Subpostmasters are hoping to get their convictions quashed this week. 39 almost certainly will either this week or within the next month or so. Three remain in doubt. Whether an order...
…. or multiple orders will be issued to quash the convictions this week is not clear.
I am led to believe a final ruling will not be made until April, but that doesn’t necessarily stop orders being made in advance of a considered ruling.
… As I have absolutely no idea how much documentation I will get to see or what I will be allowed to report over the next 4 or 5 days, I thought I would start the week by publishing some information I know I can put in the public domain...
… the heavily redacted board minutes from the Post Office Project Sparrow board sub-committee, which was set up to discuss the various issues arising from the 2013 Complaint and Mediation Scheme. postofficetrial.com/2021/03/projec…
We are underway. Three judges sitting led by Lord Justice Holroyde. The clerk is reading out the names of all the appellants. “The Queen versus Jo Hamilton… Scott Darlington.. Pamela Lock…” et al
LJH says to those who are attending remotely that he hopes they will be able to observe and hear the proceedings.
[PLEASE NOTE THAT EVERYTHING I TWEET IS A SUMMARY OR SYNOPSIS OF WHAT IS HAPPENING OR BEING SAID...
… NOTHING IS A DIRECT QUOTE UNLESS IT IS IN “DIRECT QUOTES”]
LJH confirms no need for reporting restrictions. Journalists may live-tweet proceedings in accordance with the usual principles.
[Phew.]
It looks like Tim Moloney QC (who represents the vast majority of appellants) will take the lead for the appellants.
He asked been asked to speak up.
TM is reading out which QCs are representing who for the benefit of the court.
Brian Altman QC, Zoe Johnston QC, Simon Baker QC and Jacqueline Carey are representing the Post Office.
TM we are going to get general submissions in relation to grounds 1 and 2.
[Ground 1 is the largely agreed @ccrcupdate argument that the lack of disclosure means convictions should be quashed.
Ground 2 is that the prosecutions were an affront to the public conscience. The PO...
TM the appellants before this court were proscuted between 2000 and 2013. 27 pleaded guilty.
TM explaining that limb 1 is that appellants did not or could not have a fair trial “where there was inadequate investigation or full and adequate disclosure was not made” they are not being contested.
TM we say the 39 cases have a similar or identical nature. lack of investigation or disclosure. Material non-disclosure made the proceedings unfair and the convictions unsafe. It is a matter for the court to decide if the convictions are unsafe.
TM Horizon was essential to the allegations against the 39 appellants against who concessions have been made. the integrity of the system means there are issues with whether discrepancies in fact existed.
Welcome to Day 2 of R v Hamilton et al at the Court of Appeal. 42 former Subpostmasters hope to have their criminal convictions overturned. Here is Ms Hamilton arriving at the RCJ this morning flanked by her barrister Tim Moloney QC (l) and her solicitor, Neil Hudgell.
(thread)
Proceedings are due to start at 10.30am. Brian Altman QC will be speaking for the Post Office.
The clerk has informed us we will be observing the minute silence at noon in memory of the victims of COVID-19.
Seema Misra is in court today, as is Declan Salter, the new(ish) Post Office Director specifically charged with dealing with the fallout from this scandal. Neil Hudgell has taken his place in the gallery. Sam Tobin from the Press Association has to deal...
There are lots of top journalists following the Post Office Horizon scandal - including @TomWitherow from the Daily Mail, @Karlfl from Computer Weekly and @tonyrcollins from Campaign4Change. Insight, new lines, context, interviews. Recommended following.
@TomWitherow@Karlfl@tonyrcollins There’s also @samiotobin from the Press Association who has to be across about a million court stories at once, but still found to time to address the judges on our behalf yesterday to get skeleton arguments released to the press (which allowed me the chance to piggy-back...
… his request by leaping up and asking for the Clarke advices, which the judges were happy to nod through). I now have both Clarke Advices.
[SS taking us to an interview transcript from the hearing bundle in which an investigator is talking to an SPM who is trying to explain losses at her branch. She is talking about how she couldn’t find the source of her loss and she tried desperately to do so and didn’t know...
… the source. Didn’t know whether it was her mistake, theft by her assistants etc etc]
[SS reads from more transcripts - it is a desperate tale of a poor SPM putting her own money into the system to try to get it to balance]
[SS making the point that SPMs had no idea what was happening in their PO despite trying v hard to find out]
SS those issues were brought to the attention of MPs - refers to various letters from MPs to the PO. The issues and themes were broiught to the attn of the PO...
TM there is little evidence of any investigation into Horizon in many of these cases - they had no meaningful way of defending themselves which caused unmitigated prejudice. We say there is no reason for the court to doubt those concessions [by the PO].
[TM turns to G2]
TM the PO concedes in 39 cases there was abuse of process. in the context where the respondent [PO] concedes they could not have a fair trail. Some saw their marriages break up, some suffered bankruptcy and some are dead having gone to their graves with their previous...
… convictions extant.
There has been extensive damage to these people of previous good character caused by unfair recovery of alleged debt and unfair trials on behalf of the respoindent to assess or address the defects in that software and the implication for so many...
"the Appellant contends that the “fresh” evidence relating to the donations supports a theory that Ms Heard was a ‘gold-digger’; and that the ‘gold-digger’ thesis explains why Ms Heard had over the course of her 5-year relationship...
… with the Appellant carefully constructed a ‘hoax’ to demonstrate that he had committed multiple acts of violence against her. It is also said by the Appellant that the “fresh” evidence would have...
… undermined Ms Heard’s credibility with the inevitable result that the judge would have reached a different decision about the 12 assaults (out of the 14 pleaded assaults) he found the Appellant to have perpetrated.