This Post Office scandal is currently ongoing in the UK. The Fujitsu developer in question confirmed what the Post Office was denying, that the Horizon software at the center of the scandal, had implemented methods for secretly editing accounts. Approx 700 postmasters (self-employed managers of Post Office branches) were held responsible when large amounts of cash appeared to have vanished from tills, resulting in prosecutions for fraud and theft. I know someone who was affected by this, who managed a now-closed Post Office branch here in Wakefield, UK and it was a life ruining ordeal for her. She was accused of stealing £1,000's in cash. I'm not sure if it was a bug or someone remotely changed the account records for her branch, but the campaign the Post Office ran to smear any accusations of wrongfulness on the part of the Horizon software is shocking.
Was it the post office itself that was dealing out charges? Like a post office inspector or whatever it's called? Or was it a normal police referral type thing?
Yes. The Post Office historically was wholly owned by the UK Government, so maintained its own private prosecutors instead of relying on the Crown Prosecution Service. This is why it was able to fight so hard to get convictions, they had the funds to pay their own expensive lawyers to do it.
This meant those that fought the charges and lost were then forced to "pay back" the money they "stole" and also pay the Post Office legal fees and being sent to prison. The scandal is sickening on literally every level you can imagine!
A good and sad example why trifecta and separation of powers is important in democracy.
No one should share the role of prosecutor, jury and judge.
This was a regular court process, with an independent judge and jury. It’s just the prosecution was run directly by the post office and not the public prosecutor.
It still had very bad outcomes, and clearly with the prosecution not being independent enough, but it wasn’t an entirely closed process.
It's not quite regular. Normally, the (purported) victim and the prosecutor are not the same person. That's another thing that has been highlighted by this case: the fact that Post Office Ltd has inherited the ability to prosecute crimes committed against itself, rather than them being prosecuted independently by the Crown Prosecution Service.
(More on which at https://news.ycombinator.com/item?id=38969076)
The CPS also "successfully" prosecuted some cases based on the same evidence. If your key complainants are fabricating evidence that looks solid to a jury, separation of powers is not going to save you from the power of the state.
As I said in a related comment: if I looked hard enough, I imagine I'd also be able to find similar miscarriages of justice in the USA, too.
The key "complaints" of GP, as I understand them, are that being simultaneously the victim and prosecutor, the prosecutor-as-victim is more incentivized to use heavy handed tactics during the prosecution process.
Whereas a generic prosecutor has a bunch of cases of reports from victims that are not related to them, and thus if a case is not sufficiently strong, they'd normally just pick another case where the evidence is strong. They also have the responsibility to independently review the evidence from victims and police. These procedural checks didn't apply in the post office cases.
The procedural checks I mentioned above aren't fool-proof, but they're something.
I know what they wrote.
I pointed out the CPS itself also prosecuted cases based on the bad evidence provided to them, so the procedural checks also did nothing.
I think we're basically on the same page, diverging only on speculative items.
Do note that the fact that CPS prosecuted cases does not mean the CPS didn't throw out dubious cases. We only know the ones they did prosecute, but we don't know how many (if any) they did not prosecute. As I said, this is speculation.
I also speculate that if you send hundreds of fraud cases to the CPS they might be suspicious why the rate of criminal fraud among the post office workers is so high.
I agree there's no evidence that the "private" prosecutions made things worse, but it surely didn't help, and deprived the system of an opportunity (whether it would have been taken or not) to prevent the miscarriages in the first place.
Any private citizen or business in the UK has a right to prosecute crimes. It just costs a lot of money, so you can imagine how it's used (spoiler: large companies/wealthy individuals against poor people).
It was only the prosecutor, not the judge or jury. The issue is that the Post Office lied to the judge and jury about their evidence.
There were a (relatively) small number of prosecutions from the CPS as well, which suffered from the same problem: the Post Office investigators gave the same bad evidence, which they used to convince a jury to convict.
I don't see how separation of powers helps here. I'm sure if I looked, I'd find cases in the USA where the police and/or prosecutors told a pack of lies based on dodgy evidence to secure convictions of serious crimes, too.
In the US the police are specifically allowed to lie to suspects, whereas British cops are not. If you can prove the police lied in a recorded interview or something used in evidence in court that's going to be a big problem for prosecutors in the UK but not in the US where it's expected.
Prosecuting directly meant there was no outside eyes on a lot of the cases, no questions about if it was actually in the public interest to prosecute, or external assessment of the evidence before pushing for plea deals.
It's not a foolproof system, but I think most of the cases you'd find about 'dodgy evidence' would also mention a 'overly close relationship between police and prosecutors' - because fully independent prosecutors should be rejecting cases with dodgy evidence. The police can get a bit grumpy with CPS for being quite strict at times - but it holds them to work their next case properly.
The PO clearly managed to convince the CPS in a number of cases, but had they had to do that for all there would have been a lot less cases prosecuted in total, and I think there would have been questions about their system a lot sooner.
It might not have avoided the problem, but it would have been much needed additional oversight into what they were doing.
We know they lied. Do we know specifically if they have been shown to have committed perjury?
Prosecutor and victim, extremely bad combination when a powerful organization is involved.
See https://news.ycombinator.com/item?id=38968431
So apparently in UK law, the post office carry out their own investigations before taking charges to court (effectively replacing the police for internal post office charges) which sounds mental to me.
David Davis mentioned this on News Agents. It seems like a holdover from when it was simply an arm of the state, where it made sense that it could just handle its own enforcement (since it carried the power of the Crown). It's absolutely something that needs to be stripped away in the modern day.
It's not really a holdover because the UK allows ANYONE to bring a private prosecution. They just have the resources to do it at scale.
There are legal arguments recounted in modern law textbooks that the whole idea of private prosecutions in England and Wales is a hold-over nowadays. The argument goes that since CPS decisions are subject to judicial review, the raison d'être for private prosecutions, that they allow for bad exercise of public prosecutorial discretion to be corrected by private persons, no longer exists, since the bad exercise of discretion now has another remedy.
There is a fair groundswell of opinion, already driven by the bad reputation that the RSPCA, another prolific private prosecutor, has garnered, against private prosecutions. The Horizon thing only serves to fuel this, and I wouldn't be surprised if there were not soon a proposal to do away with all private prosecutions on the back of these, despite the fact that Post Office Ltd and the RSPCA are institutional private prosecutors, and there's nowhere near as strong a case that personal private prosecutors are a problem.
It's not quite that, anybody in the UK can bring a private prosecution in the UK if the want, so the Post Office was not a special case here. It's really uncommon today, due to the cost, etc. and what often happens is that the "Crown Prosecution Service' which is the government organisation repsonsible for prosecuting crimes normally can 'take on' a prosecution and then choose discontinue it, which effectively stops it. Note that this is only the case in England/Wales, in Scotland the system is quite different. With that said, there are several organisations that do it still - the Royal Society for the Prevention of Cruelty to Animals (RSPCA) still regularly brings private prosectuions.
Historically, all prosecutions were private, and later, the police who investigated them carried them out.
Doesnt the UK have independent non-political bodies that watch the watchers? What about protections for whistleblowers who call these things out?
Frankly that sounds Banana-Republic-ish and not something you would find in a first-rate advanced economy.
[1] Inside the incredible and devastating postal service scandal that could bring down the UK government
https://www.news.com.au/finance/work/leaders/inside-the-incr...
It’s the same in the US. The US Postal Inspector is federal law enforcement within the post office.
I imagine that in the US, the actual prosecution is handled by US Attorneys though (the DOJ), and not the Post Office
Anyone can bring a private prosecution (in England and Wales, at least. Scotland and Northern Ireland have different legal systems).
The Crown Prosecution Service can take over any prosecution at the discretion of the Director of Public Prosecutions, but they didn't seem to know (and/or care) what the Post Office were doing.
It's likely they won't step in if the organisation in question has the resources to handle prosecutions at the required scale. The CPS did prosecute some cases but it's hard to blame them since they were being lied to by the Post Office investigators.
Wait until you hear that the overwhelming majority of civil and criminal cases are ajudged by amateurs (magistrates) without any formal law qualification, who just happen to be local "grandees" or pensioners...
The UK justice system is not fit for purpose - unless the purpose is to let the upper classes get away with (almost literal) murder.
Isn't this very similar to how the United States Postal Inspection Service works? (although I think they don't prosecute themselves, but refer matters to the prosecution.)
I heard they are quite formidable and not to be trifled with.
Lots of people have told you that anyone can bring a private prosecution. But they aren't telling the whole story. Post Office Ltd, by being a successor to the government monopoly of four centuries, is in a rather strange legal position.
The royal mail had all sorts of powers, historically, as it was a royally sanctioned monopoly, with a charter. The process of privatization left some odd conventions around, such as that it was normal for Post Office Ltd to prosecute things privately, when this has been exceptional for most other entities.
The Post Office used to prosecute for television licence offences, for example, and that only went away relatively recently compared to some of its historic powers. Historically, it had a monopoly over telephones and telegraphy, and some of the powers that the Post Office had in the 19th century were things like compulsory purchase of anyone running private telephone or telegraph systems or prosecuting people for traffic offences on the highway just because there was a mail coach involved.
The Post Office Act 1953 granted the Postmaster General some very sweeping powers, and set the bar quite low for proving fraud against the Post Office: basically, the Postmaster General's say-so for some elements. The Postmaster General also had to give consent to all prosecutions of offences against the Post Office, effectively putting prosecutorial discretion in the hands of the Post Office. And the Postmaster General also had the power to collect the fines upon conviction.
And that's part of how we ended up with the situation at the start of the 21st century.
To be precise it is finally getting some of the attention it deserves, both from the public and from the government.
The miscarriages of justice date from 1999 until 2015, and the high court ruling (about the software being faulty) that finally stopped the flow of convictions dates from 2019, almost five years ago. Very little happened since then, and in particular no one has been held accountable.
If that delay sounds absolutely bonkers to you then yes, that is what everyone else thinks as well.
The little that happened can be summarized as: the Post Office CEO from 2015 to 2019 got a CBE when she stepped down.
For those not from the UK like myself that had to figure out what CBE is - it stands for a title called Commander of the Order of British Empire. It’s granted to honor notable service in various areas, including public works like the Post Office. This acronym is apparently common enough to people from the UK that news stories within the UK call it CBE without explaining what the acronym means, so your average UK citizen must know exactly what it means.
Most people from the USA are probably familiar with the term “knighthood” or “being knighted” from the UK which is referring to the same award process but higher ranking. The two titles above CBE apparently are what knighthood refers to, known as KBE/DBE (Knight/Dame Commander of the Order of British Empire) and GBE (Knight/Dame Grand Cross of the Order of the British Empire, the highest honor). So CBE is essentially the third highest honor that can be granted in this fashion.
Related to the story, it seems like the CEO in question was forced to give up the CBE title two days ago in relation to this scandal
There are a bunch of different orders you can get knighted in, the British Empire is just one of them, for example the fictional James Bond has a CMG, (Companion of the Most Distinguished Order of St Michael and St George), and the actor Daniel Craig who played him also has a CMG, although unlike Bond he has not turned down a KCMG (Bond turns down the knighthood because it makes you more of a public figure which is undesirable for an active secret agent whereas it's no problem for an actor).
The Order of St Michael & St George is also famous because it's how the "Yes, Minister" joke works: CMG stands for "Call Me God". And KCMG for "Kindly Call Me God" / What does GCMG stand for? / "God Calls Me God".
She was not yet "forced" to give it up, although that is likely the end result. These honours are notionally bestowed by the Monarch (so these days, Charlie) under advice, so a committee will decide that yup, Paula clearly shouldn't have this honour, take it away, and Charlie will sign the appropriate paperwork. What she's done so far is write asking that it be taken away, which is almost nothing.
Interesting, thanks for sharing. Based on your comment I looked it up and found 6 other orders, including Order of Saint Michael and George that you mentioned. OBE is apparently not the most prestigious one, the highest and most prestigious one is apparently called The Most Noble Order of the Garter. Interesting slice of old royal UK culture.
Yes. The Garter and the Thistle (and the Order of Merit) are exclusively small and also in the personal gift of the sovereign. The Order of the British Empire is much larger and appointments are made on advice from the government.
Her name is Paula Vennells.
I take this opportunity to reinforce the association of her name with the scandal in future web searches.
She said she will give it back. Which doesn't mean anything, King Charles would have to agree to it.
She didn't say she would give back the associated money she got.
Just to clarify, I doubt many people from the UK would know off hand what CBE stands for even though they know what a CBE is. The full name is pretty archaic in any case so it's basically just trivia at this point.
She was CEO from 2012 and started at the Post Office in 2007 as group network director. She may not have started the miscarriage of justice, but she certainly doubled down on it.
Even crazier. The Post Office just recently lowered(!) the amount of money they allocated for compensations: https://www.bbc.co.uk/news/business-67784706
They basically allocated a pot of money to pay the people they have harmed off. But these people had to actively go out and request their conviction to be overturned. Which of course many people were reluctant to do, since it means they would be upturning their life again, and going to court and finding lawyers and etc. They understandably have very little trust in the system. So Post Office just shrugged and decided they don't need to keep that much money around.
It's even worse: they're still fighting hard against the appeals, heaping more misery on the people trying to turn their lives around!
What exactly does ‘fighting hard’ mean? I got the impression that the judges weren’t very impressed with at least some of their appearances in court.
They hire expensive lawyers who are experts in making black look white.
They're hiding/losing evidence such as emails and refusing to answer questions.
Sounds like lawyers are at the driving seat
IANAL but in my experience, the lawyers would say "doublecheck everything and if we're wrong, pay them so I don't have to spend a lot of effort litigating this". No, I would bet it's a combination of PR flacks and MBA/C-levels who would rather ruin lives than take a clear L on their record.
And all the while Horizon is still in use and still making money vanish - via both bugs and the £95 million paid to Fujitsu to keep it going for another two years: https://www.bbc.co.uk/news/business-67940125
I loosely followed the discussion here on HN, but I don't see any mention of anyone from the Post Office being arrested/prosecuted/sentenced for this.
It seems that some people there abused their power and need to cool down behind bars.
In fact, they had recently shortlisted the lady in charge of the PO at the time to be the Bishop of London, because of course they had.
That's Paula Vennells and she was awarded a CBE for her role in running the Post Office. However, there's just been a petition that garnered over 1.2 million signatures for her to be stripped of her CBE and in response, she has "promised" to return it.
I, for one, don't believe her.
Apparently she can't "return" it, it has to be annulled by the British monarch.
I hope Charlie does that then, but it depends on whether he cares enough about it.
I think it would be fitting if a significant percentage of other people with CBEs started to return them with public statements about them not wanting to be associated with the likes of Paula Vennells.
It's not really on Charlie, any more than he's the one making the lists. His mother wasn't like "OH, we should honor that Post Office lady, I like receiving letters and I bet she's somehow responsible for that". She just got a list with Paula's name on it, along with various crooks, financiers, consultants, political hacks and maybe the odd charity worker.
Issuing Honours is something a Monarch does, but like declaring War or deciding what Laws should govern the country, they don't actually make decisions, that's a government problem.
So long as the general public were barely aware of a problem, this could skate along as not important for years, but now lots of people are angry because they saw a TV show and for once when they said "Hey this is terrible!" instead of "It's just a TV show it's not real you idiots" those of us who were paying attention are like "Yes, so what are you going to do about it?" which as we've seen puts pressure on government to actually do something.
It's insane to me that most of the heat is being directed at Fujitsu. Sure, there's definitely some culpability there, but the Post Office (especially their legal team) holds the vast majority of the responsibility. There's a lot weighing in on the multi-year investigation that (has been) ongoing, but I can't help but feel like they're waiting for the public furor to cool down before releasing anything.
> the Post Office (especially their legal team) holds the vast majority of the responsibility.
It really depends on what Fujitsu told which PO manager.
The Post Office also paid independent people to figure out where the problem is, and the answer was "Horizon is garbage, you can't rely on it". So, they fired those people.
https://www.bbc.co.uk/news/uk-england-lancashire-67921974
This a pattern we've seen before
1. "We aren't wrong, you are too involved to make an impartial decision. We need somebody independent to investigate"
2. "The independent investigation has finished, but we need to properly digest their report, so we can't tell you what they said yet"
3. "We've now realised the independent investigation was inadequate, everybody who worked on it was incompetent and its findings are useless so we've destroyed the report. We declare ourselves exonerated, we were right all along".
People tend to have this mistaken understanding of morality which assumes they're a good person and so therefore obviously what they did must be good (since they're a good person) and so they might need to uh, fix differences between the world as they've imagined it and the slightly less rosy reality.
For example sure, you know that stabbing Sarah in the throat resulted in Sarah becoming dead, but you had to do that, because you're a good person and Sarah was going to tell the Police that you'd stolen $18.5M from the business. You didn't steal that money! Sure, yes, you took the money and maybe you technically shouldn't have done that, but you had a 100% sure strategy for playing Blackjack and recovering the $800 000 you lost last month, except that you got a bit confused and lost all of the $18.5M, but that's not theft, that's just a minor mistake you will be able to soon fix, if only Sarah doesn't tell these lies about stealing and get you arrested. So you had to, it wasn't murder, it was really self defence. You're a Good Person!
A UK tradition!
https://www.chemistryworld.com/news/little-has-changed-in-uk...
That implies that the Post Office didn't know about the true situation, but they most definitely did know about the issues, but continued to lie and fraudulently collect money from the sub postmasters affected whilst collecting bonuses for each successful prosecution.
Welp, it'll be a fine, paid with other people's money and that's about it.
Jail. The people who knowingly lied and sent people to prison need to be jailed. Not fined, not given a handie, not allowed to simply retire. J.A.I.L.
They callously wrecked people's lives, including some that committed suicide.
Jail is not enough of a deterrent for the kind of enormous damage some of the involved have caused to society. For such large-scale, fully intentional, proven harm to society out of nothing but self-interest over a long period of time, stronger penalties than jail must be applied.
Such as? (Bearing in mind the ECHR)
Echr?
European Court of Human Rights.
European Convention on Human Rights https://www.echr.coe.int/documents/d/echr/Convention_ENG
Beating them with pool cues about the head and shoulders until their retinas detach would be a great consequence.
Perhaps forced bankruptcy to personally pay back compensation to the Post Office. Follow the money the way they do with terrorists.
Is there a podcast that talks about this?
I recommend The Guardian's podcast episodes covering this:
https://www.theguardian.com/news/audio/2024/jan/08/revisited...
https://www.theguardian.com/uk-news/audio/2024/jan/08/revisi...
Also some Private Eye podcast episodes:
https://www.private-eye.co.uk/podcast/49
https://www.private-eye.co.uk/podcast/95
https://www.bbc.co.uk/programmes/m000jf7j/episodes/downloads
From https://www.theguardian.com/uk-news/2024/jan/09/how-the-post...:
The fact that this is even possible, apart from the sheer incompetency of a software design that permits it, means that no person can reasonably be accused of stealing cash if that accusation is based on records from this system.
according to private eye, 50 of the convictions where upheld on appeals.