Victims of Post Office Capture IT system ‘frustrated’ new law won’t clear them

Alleged victims of a second faulty IT system at the Post Office have been left “saddened and frustrated’ after it was confirmed they are excluded from legislation to exonerate wrongful convictions.

Around 700 former sub-postmasters are expected to have their convictions for offences such as theft and false accounting overturned by a law introduced in Parliament on Wednesday.

Post Office Minister Kevin Hollinrake said the unprecedented move is required to rectify the largest miscarriage of justice in British history which saw sub-postmasters wrongly prosecuted for shortfalls caused by the Horizon computer system.

He told the Commons it is hoped the new law will receive royal ascent by this summer, with sub-postmasters’ convictions overturned “on the day”.

However, the criteria makes clear only those who were using Horizon at the time of the alleged offence will have their conviction cleared.

Sub-postmasters who have their convictions overturned can also receive an interim compensation payment of £75,000 immediately, and accept £600,000 as a full and final settlement, if they believe this is sufficient to cover their losses.

Mr Hollinrake has indicated that Capture victims will be able to apply to existing compensation schemes.

Steve Marston, 68, was using Capture, an IT system rolled out by the Post Office in the early 90s when he suffered unexplained shortfalls of around £79,000.

He insists he never stole “a penny” from his branch in Heap Bridge, Greater Manchester, but felt pressured into pleading guilty in 1998 in order to avoid a prison sentence, a tactic the Post Office has admitted was widely used by investigators to secure convictions.

Documents shared with i have shown Capture was prone to bugs and glitches which could cause problems with balances.

“What happened with Capture postmasters and Horizon postmasters is 100 per cent identical,” Mr Marston told i.

“I really don’t see why we are being differentiated.

“I’m totally delighted for Horizon victims, I’m really happy for them, but I feel gutted that we’re not included.”

There are believed to be at least 20 postmasters to have come forward to claim they suffered shortfalls due to Capture since i first revealed the second scandal in January.

The Post Office says it is aware of four that involve criminal convictions so far.

i understands the Government has expressed a preference for Capture cases to be put forward to the Court of Appeal in a single cohort.

This was the mechanism used to overturn the first Horizon conviction in 2021 in the case of Jo Hamilton.

Her prosecution for theft, despite any evidence, featured in the ITV drama Mr Bates vs the Post Office which has put the spotlight back on the scandal.

Since then, only around 100 sub-postmasters have been exonerated, with cases taking around a year to get to court.

“We need a plan if we’re not going to be included in this legislation,” Mr Marston added.

“The Government needs to do something quickly and with an election coming up I’m worried it’s going to get brushed under the carpet.”

Capture cases could date back as far as 1992 and some sub-postmasters involved are elderly and in poor health.

i revealed how Liz Roberts, who spent 13 months in prison after being convicted of theft offences in 1999, sadly died shortly after her story was published.

Her son Chris has vowed to carry on the campaign to have her name cleared.

They include the family of June Tooby, a former sub-postmistress who spent decades battling the Post Office over alleged shortfalls at her branch in the North East.

In 2003, the Post Office successfully sued her for £55,000 plus interest in the civil courts, despite being aware Ms Tooby was disabled and already struggling with debt having been sacked from her job.

A Post Office investigator gave evidence under oath in which he denied faults with the Capture IT system could have caused the shortfalls.

Ms Tooby died in 2020 and her widow Ken Tooby told i: “It is fantastic news that the Horizon victims will finally have their convictions overturned.

“I do feel saddened and frustrated that the Capture victims have not been included despite historic Post Office bulletins clearly indicating computer errors,

“We will continue to pursue my late wife’s case and all she suffered as a result of the Capture system.”

Kevan Jones, the Labour MP who has campaigned for Horizon victims, told i: “Many of the experiences of Capture victims mirror what happened to Horizon victims.

“It is vital that we find a way of swiftly exonerating all those who were convicted while using Capture.

“But Capture was introduced over 30 years ago and many of those affected are now elderly or have already sadly apssed away. Time is of the essence to overturn unjust convictions and provide financial redress.”

The Post Office and the Department for Business and Trade, which is leading the government’s response to the Horizon scandal, has been contacted for comment.

A Post Office spokesperson said previously: “We take very seriously any concerns raised about cases from before the Horizon system was first rolled out in 1999. Our current understanding is that Capture does not appear to have been ‘networked’, but the software was used by some Postmasters, alongside manual processes, for simplifying accounts before they were manually submitted.

“We are particularly concerned about allegations of prosecutions, and we are looking into this along with all available facts about Capture, including whether shortfalls could have been caused by faults in this software, and the potential impacts if so.

“Given the passage of time, around 30 years ago, and changes to data storage systems since the split from Royal Mail, we do not yet have a complete picture of Capture but are looking into the issue given the concerns raised.”