Jesmond subpostmaster's conviction 'contributed to death'

Peter Holmes died aged 68 in 2015 from a brain tumour

The family of a former subpostmaster "have no doubt" his conviction for false accounting "contributed to his untimely death", a court has heard.

Peter Holmes was prosecuted in 2009 after a £46,000 shortfall appeared in the accounts of Jesmond post office in Newcastle.

Mr Holmes, who blamed an error in the computing system, died of a brain tumour in 2015 aged 68.

The Court of Appeal is considering a request to overturn his conviction.

'Slowly deteriorated'

Mr Holmes admitted trying to cover up the shortfall, but denied stealing any money from the branch and instead claimed the discrepancy was caused by an error in the Fujitsu-developed Horizon accounting system.

Mr Holmes' wife Marion is continuing the appeal against his false accounting conviction as she wants to clear her husband's name, the court heard.

The family's barrister Sam Stein QC said Mr Holmes had been employed by the Post Office for more than 13 years, having been a police officer for 12 years before taking up the job.

Mr Stein said Mr Holmes' conviction caused a "loss of normality" with him unable to work or carry on volunteering as a driver for a cancer charity.

In the years between his conviction and death, Mr Holmes "became depressed and withdrawn and slowly deteriorated", Mr Stein said.

'Irreparably ruined'

He told the court: "The family of Peter Holmes have no doubt that his prosecution contributed to the downfall in his health and untimely death."

Mr Holmes' appeal is not being opposed by the Post Office on the basis that he was unable to have a fair trial because of the failure to disclose evidence of serious defects in the Horizon system.

But the Post Office is opposing the appeal on a second ground, which is that his prosecution was "an affront to justice".

Brian Altman QC, representing the Post Office, said whether a prosecution amounted to "an affront to the public conscience" was "a case and fact-specific exercise".

He added: "Reliance on Horizon was not of itself unfair and does not mean the (Post Office) should no longer have prosecuted."

At an earlier hearing, lawyers representing 42 former subpostmasters said the Post Office's "appalling and shameful behaviour" is "the longest and most extensive affront to the justice system in living memory" with lives ""irreparably ruined".

The Post Office knew Horizon had "faults and bugs from the earliest days of its operation", but the evidence was "concealed from the courts, prosecutors and defence" in order to protect the Post Office "at all costs", the court has heard.

The hearing is due to end on Thursday or Friday with the court expected to give its ruling in April.