Latest news with #abuseofprocess
BBC News
5 days ago
- BBC News
Canterbury sub-postmistress conviction referred to appeal court
The first criminal conviction linked to the Post Office Capture system has been referred to the Court of case of Patricia Owen, who was found guilty of five counts of theft in June 1998, has been referred on the grounds that it was an abuse of process, the Criminal Cases Review Commission (CCRC) Owen was convicted of theft from the Broad Oak Post Office branch in Sweechgate, near Canterbury, over a shortfall of £6, former sub-postmistress used the Capture system, a precursor to the Horizon software, which has been responsible for almost 1,000 wrongful convictions. She received a sentence of six months' imprisonment, suspended for two case is to be sent to the Court of Appeal posthumously following an application by Ms Owen's family after her death in 2003. 'Landmark moment' The CCRC said in March that it was examining 27 cases to determine whether the Capture accounting software played a part in independent report into Capture was commissioned last year after subpostmasters said they had suffered similar problems to those faced by the Horizon CCRC said it has sent more than 70 cases associated with the Post Office Horizon scandal to the appeal courts. Solicitor Neil Hudgell said the referral was a "hugely positive step"."This is another landmark moment in the continuing campaign to ensure all those who were wrongly prosecuted at the hands of the Post Office have their names cleared," he said."Those who were affected by Capture have suffered the longest of all." In a statement, the Department for Business and Trade said: "We recognise that postmasters have endured immeasurable suffering, and we are working closely with those affected by Capture software to create a new redress scheme."Ensuring postmasters are treated with dignity and respect is our absolute priority, and we will continue to listen to those who have been sharing their stories and work with the CCRC to support them with their review of the Capture system."
The Independent
5 days ago
- The Independent
First criminal conviction linked to Capture referred to Court of Appeal
The first criminal conviction linked to the Post Office Capture system has been referred to the Court of Appeal. The Criminal Cases Review Commission (CCRC) said the case of Patricia Owen, who was found guilty of five counts of theft in June 1998, has been referred on the grounds that it was an abuse of process. Mrs Owen pleaded not guilty to all five charges after the Broad Oak Post Office branch in Sweechgate, Canterbury, was left with a shortfall of £6,000. She received a sentence of six months' imprisonment, suspended for two years. The case is being sent to the Court of Appeal posthumously following an application by Mrs Owen's family after she died in 2003. Mrs Owen's legal team stood down an independent IT specialist on the day of her trial despite Adrian Montagu's report concluding that 'bugs and errors existed in sufficiently significant numbers and seriousness' and that any evidence relying on the system 'must be regarded as very unsafe'. The CCRC said in March that it was examining 27 cases to determine whether the Capture accounting software played a part in convictions. The Capture system pre-dated the now infamous Horizon software – which has been responsible for almost 1,000 wrongful convictions. An independent report into Capture was commissioned last year after subpostmasters said they had suffered similar problems to those faced by the Horizon victims. The CCRC said it has sent more than 70 cases associated with the Post Office Horizon scandal to the appeal courts. Solicitor Neil Hudgell, whose firm Hudgell Solicitors represents more than 100 people affected by the Capture system, said the referral is a 'hugely positive step'. He said: 'This is another landmark moment in the continuing campaign to ensure all those who were wrongly prosecuted at the hands of the Post Office have their names cleared. 'Those who were affected by Capture have suffered the longest of all. 'It is important to recognise that we await the Post Office's position on this matter, and whether it will offer any evidence against Mrs Owen's conviction being overturned, and then of course the Court of Appeal's decision itself. 'I was always struck by how Mrs Owen protested her innocence throughout, pointing the finger of blame at the system. 'Why compelling IT evidence was not used in court remains a mystery. 'However, this is a hugely positive step, and we hope this is the first of many cases to be referred for consideration.'
Yahoo
5 days ago
- Yahoo
First criminal conviction linked to Capture referred to Court of Appeal
The first criminal conviction linked to the Post Office Capture system has been referred to the Court of Appeal. The Criminal Cases Review Commission (CCRC) said the case of Patricia Owen, who was found guilty of five counts of theft in June 1998, has been referred on the grounds that it was an abuse of process. Mrs Owen pleaded not guilty to all five charges after the Broad Oak Post Office branch in Sweechgate, Canterbury, was left with a shortfall of £6,000. She received a sentence of six months' imprisonment, suspended for two years. The case is being sent to the Court of Appeal posthumously following an application by Mrs Owen's family after she died in 2003. Mrs Owen's legal team stood down an independent IT specialist on the day of her trial despite Adrian Montagu's report concluding that 'bugs and errors existed in sufficiently significant numbers and seriousness' and that any evidence relying on the system 'must be regarded as very unsafe'. The CCRC said in March that it was examining 27 cases to determine whether the Capture accounting software played a part in convictions. The Capture system pre-dated the now infamous Horizon software – which has been responsible for almost 1,000 wrongful convictions. An independent report into Capture was commissioned last year after subpostmasters said they had suffered similar problems to those faced by the Horizon victims. The CCRC said it has sent more than 70 cases associated with the Post Office Horizon scandal to the appeal courts. Solicitor Neil Hudgell, whose firm Hudgell Solicitors represents more than 100 people affected by the Capture system, said the referral is a 'hugely positive step'. He said: 'This is another landmark moment in the continuing campaign to ensure all those who were wrongly prosecuted at the hands of the Post Office have their names cleared. 'Those who were affected by Capture have suffered the longest of all. 'It is important to recognise that we await the Post Office's position on this matter, and whether it will offer any evidence against Mrs Owen's conviction being overturned, and then of course the Court of Appeal's decision itself. 'I was always struck by how Mrs Owen protested her innocence throughout, pointing the finger of blame at the system. 'Why compelling IT evidence was not used in court remains a mystery. 'However, this is a hugely positive step, and we hope this is the first of many cases to be referred for consideration.'
CBC
28-05-2025
- General
- CBC
Former Manitoba justice minister interfered in Nygard case: judge
A Manitoba judge has determined a serious abuse of process took place when Kelvin Goertzen, who was then the province's attorney general and justice minister, ordered a review in 2022 of a decision to not charge former fashion mogul Peter Nygard with sexual assault. However, the charges that Nygard faces as a result of that review will not be stayed.
CTV News
27-05-2025
- General
- CTV News
Judge rules abuse of process in Nygard case but Manitoba charges to continue
Peter Nygard arrives at a courthouse in Toronto on Tuesday, Oct.3, 2023. THE CANADIAN PRESS/Cole Burston WINNIPEG — WINNIPEG — A judge has ruled a decision by Manitoba's former attorney general to review a criminal case against former fashion mogul Peter Nygard was an abuse of process. Judge Mary Kate Harvie said in a decision Tuesday that Kelvin Goertzen, when he was attorney general with the former Progressive Conservative government, didn't do his due diligence in seeking a second opinion on a decision by the Crown not to lay charges. Charges were later laid against Nygard. The judge wrote Goertzen acted on 'partisan concerns.' 'By proceeding in this manner and seeking a second opinion without an articulated basis, the attorney general undermined public confidence in Manitoba Prosecution Service counsel, and by extension the justice system, rather than improving it,' Harvie wrote. 'In order for the attorney general to respect and maintain the rule of law, he cannot be swayed by media criticism, petitions, public demonstrations or partisan concerns. 'At the end of the day every person, no matter how reviled, how notorious, how popular or unpopular, must receive equal treatment by the attorney general and by the justice system.' Nygard, who founded a now-defunct global women's clothing company in Winnipeg, was sentenced last year to 11 years for sex offences in Toronto. He also faces a trial on sex charges in Quebec as well as extradition to the United States on sex trafficking and racketeering charges. In 2022, Goertzen sought the second opinion from Saskatchewan prosecutors after facing questions from legislators and the public about why charges against Nygard were not also pursued in Manitoba. Saskatchewan prosecutors recommended charges of sexual assault and forcible confinement proceed. Nygard was arrested on those charges the following year. Despite the abuse of process, Harvie ruled Nygard's case can proceed in court. The defence had asked for a stay of proceedings, but the judge said she didn't consider a stay 'to be an appropriate remedy.' 'While it does not necessarily assist the accused in this case, I am satisfied that the appropriate message has been sent with respect to the actions of the attorney general and the method of obtaining a second opinion,' she wrote. Goertzen said in a statement it would inappropriate to comment on the case as it's still before the courts. — By Jeremy Simes in Regina This report by The Canadian Press was first published May 27, 2025.
