Thread by @nickwallis

Good morning from Southwark Crown Court. The building opened at 8am and courts are sitting earlier than usual to get through a backlog of cases. We are expecting six Subpostmaster appeals to be heard at 0930 today. Live tweet thread follows...

#PostOfficeScandal

The Subpostmasters involved are:

• Mohammed Aslam, who  pleaded guilty to false accounting at Newport Magistrates’ Court on 23rd January 2007 and was sentenced to 60 hours of unpaid work and a £300 fine...

• Amanda Barber, who pleaded guilty to fraud by false representation at Warrington Magistrates’ Court on 6th June 2012 and was sentenced to 100 hours of unpaid work...

• Norman Barber, who also pleaded guilty to fraud by false representation at Warrington Magistrates’ Court on 6th June 2012 and was sentenced to 100 hours of unpaid work….

• Anthony Gant pleaded guilty to false accounting at Shrewsbury and North Shropshire Magistrates’ Court on 29th October 2007 and was sentenced to 6 months’ imprisonment suspended for 12 months and 100 hours of unpaid work...

• Balbir Grewal, who pleaded guilty to false accounting at Luton Magistrates’ Court on 13th August 2001 and was sentenced to a suspended sentence and a community order...

… and

• David Hughes pleaded guilty to making a false instrument at Workington Magistrates’ Court and was sentence to a community order of 12 months and 100 hours of unpaid work.

At least one appellant (possibly two - am waiting on confirmation)...

… was prosecuted by the DWP using Horizon evidence. The DWP no longer has a prosecution function, so the respondent is now the CPS. How the DWP and Post Office shared information about Horizon is a mystery which I hope the inquiry can unpick. When I asked the DWP about it...

… they told me they destroyed all records cos best practice/GDPR.

Thanks to GDPR state agencies are systematically destroying archive evidence on the basis that after a few years it is no longer needed. This is short-sighted, to say the least.

We’re in court 14 - there are 5 cases prosecuted by the Post Office, all represented by Hudgells solicitors and 1 case which was prosecuted by the CPS - not the DWP - David Hughes. Mr Hughes is represented by WellsBurcombe solicitors.
David’s situation is fascinating - had...

… a quick chat with him before proceedings but we’re now waiting on the judge. Four of the five Hudgells clients are present. This is a huge moment for them. There is polite chit-chat, but if all goes as expected today it will be life-changing burden lifted from them.

This may be a slightly longer hearing than the previous two quashings I have attended at SCC - the CPS and PO have a different method of approach to how these convictions should be quashed. Tim Moloney QC is going to lead the way for the Hudgells appellants with Zarif Khan for...

… Mr Hughes.

We are late starting.

[Thorin waits…]

Just a reminder that everything I tweet is a summary and characterisation of what is being said in court. Only words in “direct quotes” are direct quotes. @Karlfl from Computer Weekly is here as are a law reporter and an agency reporter.

Judge is here.

Simon Baker QC on his feet for the Post Office introducing the legal teams.

Says all parties agree the outcome of today should be the same. Asking court to dispose of various legal points which may slow the process down.

Judge indicates she is happy to do so. Asks TM if he’s happy about that. He is.

SB QC addresses the 5 appellants - the PO is offering no evidence to each of their appeals. He summarises the PO position to each appeal.

Mohammad Aslam (not here today) - pleaded guilty

… to 3 charges of false accounting. In his interview he stated he was aware there was a shortfall and covered it up with false declarations. evidence of Shortfall came solely from the Horizon system therefor that evidence was essential in the case against. PO accepts now that...

… there is no case against him.

Now to the Barbers pleaded guilty to a joint count of common fraud. In their interviews they both interviewed that Horizon stated money was missing - they made good those losses with their own money and then ran out of money and then...

… covered up the losses in order to keep trading. They suggested it might be staff theft but that was speculation. The only evidence against them was Horizon and so the PO now accepts there is no case against them.

Anthony Gant pled guilty to 7 counts of False Accounting...

… at one appearance in court and a further nine. He was inflating cash figures to hide shortfalls which appeared over two years. He’d been trying to find the source. The only evidence was Horizon. PO now accepts there’s no case against him.

Onto Balbir Singh Grewal. Sentenced..

… more than 20 years ago of false accounting. The PO has no paperwork which has survived. His account to the CCRC indicates he had balancing problems with Horizon. Given his account and given the PO cannot gainsay it it is acknowledged Horizon would have been important...

… at the time and it cannot therefore make a case against.

CPS barrister on his feet. Case against David Hughes. First CPS case using Horizon evidence. Was employed at Cockermouth PO and gave an interview under caution...

… was suspected of theft. Told police that he noticed a discrepancy between Horizon numbers and cash in the safe. He panicked. He then entered false figures to cover up the loss. The allegations were reviewed by the CPS… in due course David was charged with FORGERY…!

… to which he pled guilty. We now accept he did this to cover up Horizon problems. The CPS is now aware ("as is everyone else now”) that the H system is unreliable and recorded false balances. Furthermore...

… “The PO concealed that fact on occasions where it ought to have been disclosed”

Had the CPS been aware of that he would not have been prosecuted by the CPS.

The prosecution submit there are clear and cogent reasons to vacate...

… his conviction.

CPS QC raises CCRC referral. On whether it was an abuse of process, the CPS does not accept it was abuse of process, as we were acting on false information which was not available to us.

For what it’s worth on the available evidence now the evidential test is not met. And so we invite the court to enter not guilty in Mr Hughes case.

Both appellant barristers have nothing to add.

Judge: in all of these cases, the PO and CPS...

… “the verdicts of not guilty will be entered against all of the appellant… these appeals are allowed”

Judge allows appeals on the same basis as Hamilton v Post Office from the Court of Appeal.

Very clear message from the judge at the end: There are clear cogent and compelling reasons for the defendants to have their cases set aside notwithstanding anything the respondents said.

She ends:

…

"all of these defendants walk away from court with no stain on their characters"

Judge rises - it’s all over. The sighs of relief from the appellants behind me. @Karlfl congratulates them along with their legal teams. They’ve now left court. I’m going to wait outside to...

@Karlfl see if they will speak to me.

See you in a bit...