Widower of Post Office employee jailed over theft loses enchantment to clear spouse’s identify

A widower of a Post Office employee who was jailed after being convicted of theft has misplaced a Court of Appeal battle to clear her identify. 

Joanne O’Donnell died seven years in the past aged 64 after she was given a seven-month jail sentence following a trial at Manchester Crown Court in 2007.

The Criminal Cases Review Commission (CCRC) referred her case to the Court of Appeal after being contacted by Mrs O’Donnell’s husband Ian within the wake of the Horizon IT scandal.

Errors made by Horizon software program, which was made by tech agency Fujitsu and utilized by the Post Office, led to the wrongful convictions of dozens of individuals for false accounting and theft between 1999 and 2015.

Some 700 individuals had been convicted within the 16-year interval. Out of that quantity, 132 circumstances have been by way of the appeals course of leading to 83 overturned convictions and 49 unsuccessful appeals, in line with the Post Office.

But three judges dismissed Mr O’Donnell’s enchantment on Tuesday.

Lord Justice Holroyde mentioned enchantment judges had beforehand thought of appeals in opposition to conviction by many former Post Office workers prosecuted a few years in the past after being convicted of dishonesty offences.

He mentioned these circumstances raised points about abuse of course of and the security of convictions, “having regard to concerns about the reliability” of Horizon.

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The decide mentioned Mrs O’Donnell had denied wrongdoing however was convicted by a jury after a five-day trial.

He added: “For the reasons we have given, this is not one of the exceptional and rare cases in which it would be appropriate to conclude that Mrs O’Donnell’s conviction is unsafe on either of the abuse of process grounds which have been advanced on her behalf.”

‘We are glad the conviction is secure’

In a written ruling, Lord Justice Holroyde mentioned: “We have read a moving letter by Mr O’Donnell, which makes clear the distress which Mrs O’Donnell and her family suffered as a result of her conviction.

“We can effectively perceive why he stays satisfied of her innocence and needs to clear her identify.

“We must, however, decide this appeal in accordance with the law rather than on a basis of sympathy.”

The decide added: “We are satisfied that the conviction is safe. This appeal therefore fails and must accordingly be dismissed.”

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Lawyers had raised various considerations in regards to the security of Mrs O’Donnell’s conviction.

They included a “material failure of disclosure”, “the unreliability of Horizon data that was essential to the prosecution”, and the “poor level of investigation”.

Lawyers representing the Post Office opposed the enchantment.