Friday, October 18, 2024

Delayed Evidence in Post Office Capture Investigation Remained Unexamined

The investigation into the Post Office’s contentious pre-Horizon software system faced significant challenges due to the delayed provision of essential information, which ultimately prevented its inclusion in the final report.

A government-commissioned report indicated that access to relevant datasets was provided too late for thorough searches to be conducted and for the findings to be integrated into the inquiry regarding the controversial Capture system. This observation is particularly notable given the ongoing disclosure failures by the Post Office, which have hindered the statutory inquiry into the Post Office Horizon scandal over the past two years.

In May, the government appointed forensic firm Kroll to determine whether the Capture software, used in the 1990s, had unjustly prosecuted subpostmasters prior to the introduction of the Horizon system—currently at the heart of the UK’s largest miscarriage of justice case.

Kroll’s report relied on documents from the Post Office, former subpostmasters, and advocates. The firm also sought information through law firm Peters & Peters, which has advised the Post Office on disclosure matters since 2020 in relation to the subpostmasters’ appeals against their Horizon-related convictions.

According to Kroll’s findings, the datasets accessed via Peters & Peters included backup tapes and servers from the Post Office’s previous finance headquarters in Chesterfield, as well as case spreadsheets and summaries focused on criminal prosecutions initiated by Post Office Limited dating back to the mid-1980s. However, Kroll’s final report revealed that investigators were only made aware of the existence of various datasets accessible through Peters & Peters shortly before they planned to present their findings. Access to search results from these datasets was not granted until August 21, 2024—the day Kroll submitted its draft report to the Department of Business and Trade (DBT)—thereby preventing a thorough review of the datasets.

Peters & Peters informed Computer Weekly that its role was to facilitate Kroll’s access to the Post Office’s data by coordinating with KPMG, which hosted the databases, to fulfill Kroll’s search requests. The firm noted that it was unaware of Kroll’s timeline for the draft report submission, emphasizing that the material provided was based on terms given by Kroll two weeks prior, without any specified deadline. Peters & Peters asserted that it had requested KPMG to conduct the searches and promptly provided the results to Kroll once they were available.

Computer Weekly attempted to contact KPMG for comments but did not receive a response by the time of this article’s publication.

Ongoing disclosure failures by the Post Office have obscured the truth behind the Post Office scandal. Throughout the ongoing statutory inquiry, the Post Office has repeatedly failed to produce requested documents, leading to delays and interruptions in proceedings. In July 2023, Wyn Williams, the former judge overseeing the inquiry, threatened “criminal sanctions” against the Post Office due to its continued “significant failures” in evidence disclosure. The Post Office and its legal representatives have also been criticized for withholding information during the prosecution of subpostmasters if it suggested innocence.

A DBT spokesperson stated, “We extended Kroll’s contract to review additional evidence, and their assessment concluded it does not alter the report’s findings.” However, this was not mentioned in the final report, and Kroll did not respond to requests for clarification from Computer Weekly.

A spokesperson for the Post Office asserted, “We have collaborated closely with Kroll to provide access to an extensive array of historical documents. This effort enabled Kroll to conduct thorough database searches to support the investigation efficiently. We are fully committed to assisting Kroll and the government in addressing the issues surrounding the Capture system to rectify past wrongs.”

The Capture system, a PC-based application developed by the Post Office, was utilized by subpostmasters to manage their accounts. Some users described it as a “glorified spreadsheet,” noting that it functioned as a standalone system, unlike Horizon, which is a complex, networked framework connected to centralized services.

Earlier this year, former MP Kevan Jones, now a member of the House of Lords, pointed out evidence of injustices related to the Capture system, which was in use before Horizon’s implementation. This revelation emerged after former subpostmasters shared their experiences following a dramatization and documentary about the Post Office scandal aired on ITV, detailing the issues they encountered while using the Capture system and the severe consequences they faced.

This week, the government released the Kroll report, which concluded there was a “reasonable likelihood” that software issues led to accounting discrepancies for which users were wrongfully held accountable and, in some cases, prosecuted. The report indicated that, similar to the Horizon cases, the Post Office failed to investigate whether software malfunctions might have caused the unexplained errors.

A spokesperson for the DBT stated, “We are actively collaborating across government to thoroughly review Kroll’s report and assess what actions should be taken.”

Rupert Lloyds Thomas, a former Post Office executive who has advocated for former users of the Capture system, characterized the lack of information as emblematic of the broader Post Office scandal. “Many individuals were prosecuted and found guilty due to the Post Office’s failure to provide exculpatory evidence,” Thomas explained. “From my reading of the Kroll report, it seems there is little evidence that the Post Office contributed positively to this situation.”

The Post Office scandal was first brought to light by Computer Weekly in 2009, highlighting the experiences of seven subpostmasters affected by issues with the Horizon accounting software, leading to one of the most extensive miscarriages of justice in British history.

For further information, check out:
– What you need to know about the Horizon scandal
– ITV’s documentary – Mr. Bates vs The Post Office: The Real Story
– How Post Office and Fujitsu’s shortcomings have resulted in a significant taxpayer cost.