A court has been told Scottish sub-postmasters who were given a criminal record as a result of the Post Office scandal have been placed in an “intolerable” position by politicians promising to pardon victims.
Around 100 Scots were criminalised due to the faulty computer system but only four have so far been successful in overturning their convictions.
In England and Wales, the Post Office acted as a private prosecutor in all cases but the legal system in Scotland is different. Scotland’s public prosecution service, the Crown Office, oversaw cases.
It has emerged the Crown Office first became aware of issues linked to the Horizon system in 2013. It stopped pursuing new cases in 2015.
Officials have been so far unable to answer any questions publicly on the scandal.
The Court of Criminal Appeal in Edinburgh is currently dealing with a case involving several sub-postmasters sent by the Scottish Criminal Cases Review Commission (SCCRC).
The body investigates potential miscarriages of justice, and it is believed that issues surrounding six sub-postmasters should be looked at by appeal judges.
The six were entitled to appeal against the convictions for crimes of dishonesty arising from their roles as sub-postmasters at the Post Office.
The SCCRC referred the cases of Aleid Kloosterhuis, 64; William Quarm, who has died; Susan Sinclair, 57; Colin Smith, 62; Judith Smith, 60; and Rab Thomson, 64, to the appeal court in Scotland.
Read more stories from victims of the scandal
The SCCRC concluded that the five who pleaded guilty over apparent shortfalls in the Horizon system did so in circumstances that were, or could be said to be, clearly prejudicial to them.
Advocate Fred Mackintosh KC told the appeal court on Friday that he is concerned his client Ms Kloosterhuis may have to abandon her formal bid to have her name cleared.
He said he didn’t have enough information on UK and Scottish government proposals to pardon postmasters who were convicted of wrongdoing based on evidence provided by the Horizon computer system.
Mr Mackintosh said he believed the proposed pardon scheme might exclude those postmasters who have failed to clear their names through established legal routes.
He told the court he may have to advise Ms Kloosterhuis that she may have to abandon her appeal. This was because that if she were to lose her appeal, she would be excluded from the newly announced system by Prime Minister Rishi Sunak.
He said: “The government still does not know what to do with existing appeals and it has placed sub-postmasters in an intolerable position of whether to abandon appeals now or run the risk of losing and being totally excluded from the scheme.
“It would be of great assistance if the Crown – or indeed the government – could articulate some clarity as to what the scheme entails.
“Otherwise, we are in the position where we have to tell clients that we may have to abandon the appeals.”
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Earlier this week, first minister Humza Yousaf said everyone convicted in Scotland because of Horizon should be pardoned.
He spoke after Mr Sunak announced plans to introduce a new law that will quash convictions in England and Wales.
The legislation would not normally affect Scotland, but Mr Yousaf said he was open to using a Legislative Consent Motion that would allow it to also apply north of the border.
Mr Yousaf added that those affected “can be absolutely assured” they will be pardoned.
On Friday, a lawyer representing one victim said the court was being placed under “unconscionable pressure” by the statements made in recent days by the politicians.
He wanted a delay in proceedings so he could find out more information about the proposed political solutions.
But Lady Dorrian interrupted his submission and said: “The court will be not affected by that.”
Rab Thomson pleaded guilty in 2004 at Alloa Sheriff Court, to one charge of embezzlement.
On Thursday, he told Sky News he had tried to take his own life after living with the nightmare for decades.
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The father-of-two’s advocate Wendy Culross told the court it was approaching the 20th anniversary of her client being accused of wrongdoing.
She said she had consulted with him, and he wanted to press on with his appeal.
Ms Culross added: “He advises me that his solely focused on clearing his name rather than being a part of any compensation claim.
“He is very clear on that. All he wants to do is clear his name.”
After Friday’s developments, an emotional Mr Thomson told Sky News the pressure is mounting, and his mental health is suffering the longer the agony is prolonged.
His appeal will finally be heard on 1 February.
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email [email protected] in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK
