The case of a now deceased woman convicted of embezzling money from the Post Office has been referred back to the courts for determination.
Caren Lorimer pleaded guilty at Kilmarnock Sheriff Court in 2009 to one charge of embezzlement from a Post Office.
She was handed a community service order requiring 300 hours of unpaid work and a compensation order for £15,000.
In 2022, another woman applied to the Scottish Criminal Cases Review Commission (SCCRC) on Mrs Lorimer’s behalf seeking a review of her conviction.
More than 700 Post Office branch managers around the UK were prosecuted between 1999 and 2015 after faulty Horizon accounting software made it look as though money was missing from their shops.
The SCCRC has referred Mrs Lorimer’s conviction to the High Court of Justiciary for determination as it concluded she pled guilty in circumstances that were, or could be said to be, clearly prejudicial to her.
It also concluded Horizon evidence was essential to the proof of the accounting shortfall that led to the charge being brought against Mrs Lorimer, and that the prosecution was oppressive because the process was an affront to justice.
Michael Walker, the commission’s chief executive, said: “The SCCRC is the body which reviews potential miscarriages of justice in Scotland.
“Subpostmasters are still coming forward to tell us that they have suffered a miscarriage of justice.
“We encourage anyone who hasn’t yet done so to get in touch. If the person affected has died, we will accept applications from next-of-kin. Our service is free and easy to use. You don’t need a solicitor.
“If you believe that you or a close family member might have suffered a miscarriage of justice as a result of Horizon, our staff would be pleased to talk you through the application process.”
Around 100 subpostmasters in Scotland were convicted after they were wrongly accused of embezzling money in the Horizon scandal, and First Minister Humza Yousaf has pledged to get “justice” for those involved.
Many around the UK have had their convictions overturned in recent years.
The commission was established in April 1999 as an independent body to review alleged miscarriages of justice in Scottish convictions and/or sentences.
Prime Minister Rishi Sunak has said legislation will be introduced to exonerate subpostmasters convicted in England and Wales and he has vowed to get “justice and compensation” for victims.
The Scottish Government is working on its own legislation to exonerate those wrongly convicted in the Horizon scandal.
A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said: “COPFS is committed to the fair and effective prosecution of crime.
“The Lord Advocate has expressed her confidence in and support for the established appeals processes.
“The Crown will contribute appropriately to the work of SCCRC and the appeal court.”
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