Post Office will fight Capture victim’s bid to overturn conviction ...Middle East

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Post Office will fight Capture victim’s bid to overturn conviction

The Post Office will fight against the criminal appeal of a sub-postmistress at the heart of a second IT scandal which dates back more than 30 years, The i Paper can reveal.

Patricia Owen was prosecuted in 1998 over an alleged £6,000 shortfall at her branch in Canterbury, Kent.

    She always maintained her innocence and believed errors with Capture, a primitive piece of accounting software that predated the notorious Horizon system, was to blame.

    Ms Owen died in 2003, but her family have vowed to clear her name and her case was referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC) in October last year.

    Having brought the original private prosecution, the Post Office was invited to submit a response to the CCRC’s application.

    After more than three months of deliberation, the Post Office has now responded to the court and The i Paper understands it is opposing the application.

    Ms Owen’s daughter Juliet Shardlow said the delay had been “really painful” but declined to comment any further pending legal advice.

    A Post Office spokesperson said: “We sought an extension of time to fully consider and respond to the CCRC’s Statement of Reasons in Ms Owen’s case. We deeply regret the impact our request for further time has had on Ms Owen’s family.

    “We have a duty to carefully consider the evidence presented in the Statement of Reasons submitted by the CCRC and do everything we can to fully assist the Court when it considers this conviction. We will serve our Respondent’s Notice to the Court of Appeal by the agreed deadline of 30th January.”

    At least 29 former sub-postmasters and their families were prosecuted over alleged shortfalls while using Capture in the 1990s.

    The Capture software was rolled out to Post Office branches starting in 1992

    Over two years of reporting, The i Paper has revealed how Capture was prone to bugs and faults that could cause accounting shortfalls.

    But in a precursor to the Horizon scandal, sub-postmasters were forced to hand over money, sacked, and in some cases, criminally prosecuted.

    Following an independent investigation order carried out in 2024, the government accepted Capture was faulty and set up a new compensation scheme.

    The first tranche of victims are now receiving £10,000 interim payouts while others have progressed to full compensation offers.

    However, those who were prosecuted must overturn their convictions at the Court of Appeal before they can receive a penny.

    Patricia Owen’s case is the first to proceed to the Court of Appeal and it was hoped overturning her conviction would pave the way for others to clear their names.

    Juliet Shardlow is leading the fight to clear her mother’s name

    The Post Office successfully prosecuted Ms Owen with five counts of theft over the alleged missing money.

    She always suspected faults with Capture were to blame and even instructed an independent IT expert, Adrian Montagu, to inspect the system.

    He wrote a report that said the system was “quite capable of producing absurd gibberish”.

    For reasons that remain a mystery, Ms Owen’s defence barrister did not call Mr Montagu as a witness.

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    Now aged 77, Mr Montagu still has a copy of the original report and has told The i Paper he is happy to appear at the Court of Appeal as a witness.

    Steve Marston, 69, was also prosecuted by the Post Office while using the Capture system and has applied via the CCRC to have his conviction overturned.

    He is also waiting to find out if his case will proceed to the Court of Appeal.

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