Crown faces questions over Post Office prosecutions in Scotland

Dorothy Bain could be called to Holyrood to explain the COPFS role in wrongful prosecutions during the scandal

Scotland's Crown Office is facing questions over its role in the wrongful prosecution of sub-postmasters during the Horizon scandal.

More than 700 sub-postmasters in the UK were wrongly accused of embezzling money due to faulty software.

Prosecutors in Scotland were told of issues with evidence in 2013, but did not stop pursuing cases until 2015.

Lord Advocate Dorothy Bain KC could be called to Holyrood to explain why concerns were not disclosed sooner.

Up to 100 people in Scotland could have been wrongly accused while working as Post Office branch managers.

It was confirmed on Thursday afternoon that a further two of them - Judith Smith and Colin Smith - have had their convictions overturned, bringing the total number in Scotland to four.

Ms Smith had been admonished after she pled guilty to a charge of fraud in 2009 at Selkirk Sheriff Court.

• Post Office scandal victims in Scotland to be cleared

• How the Post Office scandal has affected Scotland

• Why were hundreds of sub-postmasters prosecuted?

Her case, along with a number of others, was later highlighted by the Scottish Criminal Cases Review Commission as potentially being a wrongful conviction.

Her lawyer, Greg Cunningham, said Ms Smith was a "wonderful mixture of delighted and relieved" to finally have her conviction quashed.

He added: "She said to me she has spent the last 16 years living with a cloud over her.

"As much as we in Britain like to talk about the presumption of innocence, when you are accused of robbing from your friends, your family and your local community it doesn't really count for much."

Mr Smith - who is not believed to be related to Ms Smith - was ordered to carry out 180 hours of unpaid work after pleading guilty at Dunfermline Sheriff Court in 2013 to one charge of embezzlement.

More than 90 convictions have been quashed across the UK as a whole, with the prime minister saying on Wednesday that he would introduce to a new law to exonerate everyone who had been convicted in England and Wales.

First Minister Humza Yousaf has pledged that all victims of the scandal in Scotland will also have their convictions overturned.

He wants to use a legislative consent motion (LCM) to allow the UK government's new law to also apply north of the border.

Responding to Scottish Conservative leader Douglas Ross at First Minister's Questions, he said sub-postmasters "should not have to wait any longer for justice".

In England, the Post Office acted as prosecutor during cases between 1999 and 2015, but in Scotland all were handled by the Crown Office and Procurator Fiscal Service (COPFS).

The first minister said victims had waited too long for justice

Mr Yousaf said the COPFS was informed about concerns with Horizon in September 2013, adding it was instructed to treat each case on an individual basis.

However, Mr Ross said prosecutors were actually told on 29 January of that year, before being told not to proceed with any cases dependent on accounts from the software designed by tech giant Fujitsu.

In a previous response to a freedom of information request from the BBC, the COPFS said it was informed of possible issues in May 2013.

Cases were then dropped where Horizon records provided the "sufficiency of evidence" in 2015.

Mr Ross described the scandal as a "horrendous miscarriage of justice," while Labour leader Anas Sarwar said it was a "national disgrace".

Mr Yousaf said the Lord Advocate would be willing to consider a briefing or statement to the chamber, but added she was "very confident" about its response.

He said: "There are legitimate questions to ask of the Crown.

"The Crown Office were assured by the Post Office and their legal representatives that issues that arose with the Horizon system in England did not impact on any live Scottish cases."

He added: "When I spoke to the Lord Advocate this morning, she was more than happy to consider whether it was a briefing, whether it was a ministerial statement - she was willing to consider that.

"It will be for her to determine in her independent function as head of the prosecution service in terms of how she should answer of those questions."

'Lagging behind'

A COPFS spokesperson said it had "raised a discrepancy" with the Post Office public inquiry over the January date.

It said it had been made aware of the case in question in May 2013 and it was resolved in August the following year.

They added: "The Lord Advocate is willing to make a statement to the Scottish Parliament on the Horizon IT prosecutions.

"She hopes to come to an agreement with parliamentary authorities about the timing of this at the earliest possible opportunity."

The Horizon scandal has been public knowledge for years with an inquiry ongoing, but the recent ITV drama Mr Bates vs The Post Office has thrust the issue back into the spotlight.

Up to 100 people in Scotland may have been wrongly prosecuted

More than 700 sub-postmasters were wrongly prosecuted across the UK during a 16-year period.

Prime Minister Rishi Sunak announced plans to introduce a new law that will quash convictions in England and Wales on Wednesday.

Mr Yousaf wants that to apply in Scotland, but needs an LCM to do that.

He said that would be pursued, but gave no time frame on when a decision would be made.

It comes after a leading lawyer representing 180 sub-postmasters affected by the scandal warned Scotland was moving too slowly when it came to identifying victims.

David Enright, a solicitor with Howe and Co, told BBC Radio Scotland the country was "lagging far behind" England and Wales in finding those affected by the scandal.

Mr Yousaf said the Scottish government would explore "all options" to ensure victims entitled to compensation received it.

He said: "It should not have taken a TV drama for action to have to be taken.

"There are a number of complexities to navigate [with the LCM] but what is absolutely certain is that if you are in Scotland or any other part of the UK and have been affected by this is that sub-postmasters have waited far too long for justice, they should not have to wait a moment longer."