Claims that a Fife sub-postmaster was criminalised because of a flawed computer system is a “matter of deep public concern,” a top law officer has said.
Colin Smith was ordered to carry out 180 hours of unpaid work after admitting a charge of embezzlement at Dunfermline Sheriff Court in 2013.
Now the Crown Office is investigating whether the 62-year-old and five other Scottish sub-postmasters were the victims of a miscarriage of justice.
Solicitor General Ruth Charteris KC – Scotland’s second most senior prosecutor – addressed judges during a procedural hearing at the Court of Criminal Appeal in Edinburgh on Friday.
She told judges Lady Dorrian, Lord Matthews and Lady Wise that the matter had been sent to the appeal court from the Scottish Criminal Cases Review Commission.
The body investigates potential miscarriages of justices and it believes that issues surrounding six sub postmasters should be looked at by appeal judges.
English cases overturned
The six, one of whom has since died and is represented posthumously, are now entitled to appeal against the convictions for crimes of dishonesty arising from their roles as sub postmasters at the Post Office.
Between 2000 and 2014, more than 700 sub-postmasters were falsely prosecuted based on information from the Post Office’s computerised accounting and sales system Horizon.
Since then, many Sub Post masters in England have had their criminal convictions for theft, fraud and false accounting overturned.
On Friday, Ms Charteris said that her colleagues were investigating the cases and assessing available evidence.
“It is clear that this is a matter of deep public concern,” she said.
“All material that is held by the Crown Office Procurator Fiscal Service has been gathered and is being considered by Crown Counsel.”
As well as Mr Smith, the review commission (SCCRC) has referred to the appeal court the cases of Aleid Kloosterhuis, 64, William Quarm – now deceased – Susan Sincliar, 57, Judith Smith, 60, and Robert Thomson, 63.
The SCCRC concluded that the five who pled guilty – including Mr Smith – did so in circumstances that were, or could be said to be, clearly prejudicial to them.
Defective system
Ms Charteris told the court that prosecutors accepted that the Horizon system was defective.
She said that the Crown’s position was based on the findings of English cases on the matter.
Ms Charteris added: “The Crown’s position is that the Horizon system is flawed and suffered from a number of internal defects.
“It accepts that this was established in England and were unchallenged by the Post Office.”
Ms Charteris also told the court that the Crown was unable to say at this point in time to support the quashing of the six convictions.
Defence advocate Claire Mitchell KC, who is acting for Susan Sinclair, asked the Crown to provide her with information about the “processes” which existed between it and the Post Office at the time of her client’s convictions.
A further procedural hearing will be held in the case at a date yet to be arranged.
