A judge said they had to decide the appeal 'in accordance with the law rather than on a basis of sympathy'
The widower of a former worker at a Manchester Post Office who was jailed for theft has lost a legal fight to clear her name. Ian O’Donnell wanted judges to overturn the conviction of his wife Joanne, who died seven years ago aged 64.
Lord Justice Holroyde, Mr Justice Picken and Sir Nigel Davis, who heard arguments at a Court of Appeal hearing in London in June, were told that Mrs O’Donnell had been convicted of theft and given a seven-month jail sentence after a trial at Manchester Crown Court in 2007.The Criminal Cases Review Commission had referred the case to the Court of Appeal after being contacted by Mr O’Donnell. A spokesman said the case had been referred in the wake of the Horizon IT scandal.
Lord Justice Holroyde said appeal judges had previously considered appeals against conviction by many former Post Office staff prosecuted many years after being convicted of dishonesty offences. The judge said Mrs O’Donnell had denied wrongdoing but been 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.”
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