A damning report into the defective Submit Workplace IT system that preceded Horizon has been unearthed after practically 30 years – and it may assist overturn felony convictions.
The doc, recognized about by the Submit Workplace in 1998, is described as “hugely significant” and a “fundamental piece of evidence” and was present in a storage by a retired laptop knowledgeable.
Seize was a chunk of accounting software program, more likely to have brought on errors, utilized in greater than 2,000 branches between 1992 and 1999.
It got here earlier than the notorious defective Horizon software program scandal, which noticed a whole bunch of sub-postmasters wrongfully convicted between 1999 and 2015.
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What’s the Seize scandal?
Adrian Montagu was speculated to be a key witness for Pat’s defence at her trial in 1998 however her household all the time believed he had by no means turned up, regardless of his laptop “just sitting there” in courtroom.
Mr Montagu, nonetheless, insists he did attend.
He describes being within the courtroom and provides that “at some point into the trial” he was stood down by the barrister for Mrs Owen with “no reason” given.
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Adrian Montagu was speculated to be a key witness for Pat’s defence
“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 requested again.”
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The ‘lengthy misplaced’ Seize paperwork had been found in a storage
‘An accident ready to occur’
The report, commissioned by the defence and written by Adrian Montagu and his colleague, describes Seize 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 additionally states that the software program “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”.
What is obvious is that they didn’t hear proof from its creator together with his deliberate “demonstration” of how Seize may produce accounting errors.
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However flaws had been discovered inside it
Pat Owen was convicted of stealing from her Submit Workplace department in 1998 and given a suspended jail sentence.
Her household describe the way it “wrecked” her life, contributing in direction of her unwell well being, and he or she died in 2003 earlier than the broader Submit Workplace scandal got here to gentle.
Her daughter Juliet stated her mom 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.”
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Pat died earlier than the contents of the report got here to gentle
The report itself was served on the Submit Workplace legal professionals – who continued to prosecute sub-postmasters within the months and years after Pat Owen’s trial.
‘My blood is boiling’
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‘They knew software program was defective’
Steve Marston, who used the Seize software program in his department, was considered one of them – he was convicted of stealing practically £80,000 in September 1998.
His prosecution came about 4 months after the Seize report had been served on the Submit Workplace.
Steve says he was persuaded to plead responsible with the “threat of jail” hanging over him and acquired a suspended sentence.
He describes the invention 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 Seize proof … because the proof to get me to plead responsible to keep away from 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 household’s lives had been destroyed and the data of this report may 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.”
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Steve’s prosecution came about 4 months after the Seize report had been served on the Submit Workplace
The report is now with the Prison Instances Overview Fee, the physique investigating potential miscarriages of justice, which is at the moment trying into 28 Seize circumstances.
A elementary piece of proof
Neil Hudgell, the lawyer representing greater 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 additionally 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”.
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Pat Owen
He describes it as a “massive missed opportunity” and “early red flag” for the Submit Workplace which went on to prosecute a whole bunch who used Horizon within the years that adopted.
“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 Submit Workplace stated
A press release from the Submit Workplace stated: “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’re decided that previous wrongs are put proper and are persevering with to help the federal government’s work and totally co-operating with the Prison Instances Overview Fee because it investigates a number of circumstances which can be Seize associated.”
A Department for Business and Trade spokesperson said: “Postmasters together with Patricia Owen endured immeasurable struggling, and we proceed to hearken to those that have been sharing their tales on the Seize 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.”