A PROSECUTOR has told appeal judges that the Crown is 'minded' to oppose a 'difficult' appeal involving a Port Glasgow man caught up in the Horizon computer Post Office affair.

Brian Gill KC told the Court of Criminal Appeal in Edinburgh on Wednesday of how the Crown view the case of Ravinder Naga.

Mr Naga is the latest case to come before the Scottish appeal court with regard to the impact that the computer system had on prosecutions in the UK. 

The 48-year-old was was sentenced to 300 hours community service in February 2010 after pleading guilty to stealing £35,000 from the post office where his mother worked at in Greenock.

The missing cash was uncovered during an audit by Post Office investigators and led to the temporary closure of the branch in May 2009. 

Now lawyers for Mr Naga are trying to have his conviction quashed as they believe that, in the absence of evidence from the faulty IT system, there wouldn’t be enough evidence available to find him guilty of any offence. 

However Mr Gill KC told the court that unlike similar cases which have called recently, the Crown is set to contest the appeal. 

He said: “This is the most difficult appeal so far. The Crown are minded to oppose the appeal.”

Mr Gill KC was making submissions during a procedural hearing which was heard before Scotland’s second most senior judge Lady Dorrian, the Lord Justice Clerk. 

She sat with colleagues Lord Matthews and Lord Doherty. 

The appeal court is dealing with a case involving a number of sub-postmasters which has been sent to it by the Scottish Criminal Cases Review Commission (SCCRC).

The body investigates potential miscarriages of justice and it believed issues surrounding six sub-postmasters should be looked at by appeal judges. 

The six were entitled to appeal against the convictions for crimes of dishonesty arising from their roles.

The Telegraph told in 2010 how Mr Naga’s solicitor, Jim Friel, told Greenock Sheriff Court that his client, who had initially been charged along with his mother, had gone to police and given a voluntary statement.

Mr Friel added at that time: "This outlined his involvement in the offence and gave the Crown sufficient evidence to incriminate him and drop the charges against his mother.

"Although it wasn't embezzlement, it was still a breach of trust and has caused great pain to his mother, who has forgiven him for what he has done. 

“Mr Naga has given a cheque here today for £35,000 which can be repaid in compensation to the Post Office.” 

Sheriff John Herald told Naga that the matter could be dealt with by way of a non custodial disposal. 

He told Naga: "You have come very close to hearing a cell door clang behind you because this is an offence that merits prison.”

 It emerged today that the Post Office were asserting 'legal and professional privilege' over documents in the Naga case which are essential to the matter being heard. 

In law, documents which are covered by this privilege cannot be used in evidence. 

Mr Gill KC submitted a petition to the court for a third party lawyer - called a commissioner -  to be appointed who will study the documents and see whether this privilege applies. 

The lawyer for the Post Office, Gerry Moynihan KC, told the appeal court: “The petition is not opposed.”

Lady Dorrian granted the petition. 

A lawyer will now study the documents and report back to the court before a further procedural hearing which will call on May 24.