Post Office’s first capture conviction has been formally referred to the Court of Appeal, marking a major milestone in the IT scandal.
The Criminal Cases Review Commission (CCRC) made the decision return the case from Deputy Postmaster Patricia Owen in July.
Ms Owen was convicted of theft by a jury in 1998, based on evidence provided by faulty computer software Capture.
She was given a suspended prison sentence and later fought to clear her name – but died in 2003.
The capture software was used in 2,500 agencies between 1992 and 1999.
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The first conviction for capture was sent back on appeal in July
It is the first time a conviction based on Capture – the predecessor to the Horizon system at the center of the wider Post Office scandal – has reached the Court of Appeal.
It comes after Sky News revealed a damning report into Capture, which could help overturn convictions, had been published. discovered after almost 30 years.
An investigation found that the Post Office was aware of the report at the time and continued to pursue subpostmasters based on Capture’s evidence.
Ms Owen’s family made an application to the CCRC in January 2024 – her case has now been dismissed on the grounds that her prosecution was an “abuse of process”.
A ‘reference case for victims
Lawyers said if Ms Owen was posthumously exonerated at the Court of Appeal it could “speed up” the treatment of others.
The CCRC also continues to investigate more than 30 other “pre-Horizon” convictions.
CCRC chairwoman Dame Vera Baird also told Sky News this summer that it could be a “reference case” for other victims.
Juliet Shardlow, Ms Owen’s daughter, has fought for years to clear her mother’s name.
She told Sky News the family was “so happy” her case had finally been referred.
“It’s been a very long journey for us as a family and we can now see the light at the end of the tunnel,” she said.
“It’s just sad that mom isn’t here to see this.”
“The good news is that once mum’s case is heard by the High Court, it will pave the way for all other Capture victims.”
The Post Office has previously said it is “determined to right the wrongs of the past and continue to support the Government’s work in this area and cooperate fully with the Criminal Cases Review Commission”.