Post Office to oppose second Capture scandal case at Court of Appeal

The Post Office will oppose a second criminal appeal linked to its faulty Capture computer system, Sky News has learned.

The move means both cases to reach the Court of Appeal from the pre‑Horizon scandal are now being contested.

The latest case involves former sub‑postmaster Steve Marston, who was convicted in 1998 of theft and false accounting after using the Capture software.

His conviction was referred to the Court of Appeal earlier this year by the Criminal Cases Review Commission (CCRC), which said there is a "real possibility" it was an abuse of process.

It follows the first Capture appeal, brought on behalf of sub‑postmistress Patricia Owen.

Her conviction was referred last year after Sky News uncovered a previously unseen expert report raising serious concerns about the reliability of the system.

Mrs Owen died in 2003 before her case could be heard.

Capture was used in up to 2,500 Post Office branches in the 1990s.

It came before the Horizon system, which was later found to have caused widespread miscarriages of justice.

The Post Office has already confirmed it will oppose Mrs Owen's appeal, saying the case "needs to be fully considered by the Court of Appeal".

It is now understood that it will take the same position in Mr Marston's case.

Mr Marston said his family were "totally devastated" by the decision.

"Despite the overwhelming amount of evidence showing that Capture was unfit for purpose, it was still forced onto us," he said.

"They knew the software was riddled with bugs, but still pushed us to use it, and then blamed countless hard‑working and honest postmasters."

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He also questioned the use of public money.

"Surely it must be time for the Government to step in and stop this abuse of power," he said.

"How can taxpayers' money be used to compensate victims, while also funding the Post Office to fight those trying to clear their names?"

A lawyer representing victims, Neil Hudgell, said the Post Office "continue to repeat" past failures.

"Like Patricia Owen, they contest Steve Marston's appeal," he added.

"They are entitled to do that, but what they ought to do is have the decency to say so rather than hide behind mealy‑mouthed words from an unnamed spokesperson that distorts the full picture.

"We will continue the fight in the Court of Appeal next week and beyond."

A Post Office spokesperson said: "In line with our duties to the Court and the appellant in this appeal, Mr Marston, we have filed a Respondent's Notice to assist the Court in addressing the legal and factual issues.

"We want all unsafe convictions to be overturned, and are doing all we can to ensure appeals are heard as expeditiously as possible and in line with our legal duties as the original prosecutor.

"Our response is subject to extensive legal advice, and our role is to assist the Court of Appeal. This is a matter for the Court once it has considered all relevant information."

Campaigners say the cases raise wider questions about how appeals linked to the Capture system are being handled, with more than 20 others under review.

(c) Sky News 2026: Post Office to oppose second Capture scandal case at Court of Appeal