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The first Post Office Capture conviction is to be sent to the Court of Appeal, Sky News understands, in a “breakthrough” moment in the IT scandal.
The Criminal Cases Review Commission (CCRC) has decided to refer the case of sub-postmistress Patricia Owen, who was convicted in 1998 of theft.
Mrs Owen was found guilty by a jury based on evidence from the faulty IT software Capture, which was used in 2,500 branches between 1992 and 1999, before the Horizon Post Office scandal.
It comes after Sky News revealed that a damning report into Capture, which could help overturn criminal convictions, had been unearthed after nearly 30 years.
The decision to refer the first-ever Capture case to the Court of Appeal has been made on the grounds that Mrs Owen’s prosecution was an “abuse of process”.
The development has been described by victims’ lawyer Neil Hudgell as “hugely pivotal”.
“The Court of Appeal don’t receive that many referrals that start at the CCRC, and most get turned away, so it’s a very high bar to even get cases from the CCRC to the Court of Appeal…”
“I think it will be a real shot in the arm to all the other Capture victims who are waiting for their cases to be determined by the CCRC.”
Mr Hudgell described the report found earlier this year – written by computer experts in 1998 and highly critical of Capture – as “significantly tipping the balance”.
Lawyer Neil Hudgell says development is ‘hugely pivotal’
Sky News found that the Post Office knew about the report at the time and continued to prosecute sub-postmasters based on Capture evidence.
Mrs Owen always maintained her innocence but died in 2003 with a criminal record before the wider Post Office…
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