Scotland Yard to investigate rape case bungle which saw evidence mishandled
POLICE have been urged to review past cases handled by the detective in charge of a rape trial which collapsed because crucial evidence was withheld.
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The case against student Liam Allan, 22, collapsed when the prosecution discovered records of text messages from his accuser.
The information should have been given to defence lawyers before the trial at Croydon Crown Court in South London, but only emerged when a detective constable mentioned it to the prosecuting barrister, Jerry Hayes, after three days of evidence had been heard.
Scotland Yard is carrying out an urgent review.
Mr Hayes, a former Tory MP, said yesterday that the review should examine other cases handled by the same officer “where there has been a conviction over the last couple of years”.
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I have been involved in other cases like this but this was the worst case I have dealt with in 40 years
He said the officer had about 30 cases to deal with and was under pressure but that did not excuse his error.
Mr Hayes added: “I have been involved in other cases like this but this was the worst case I have dealt with in 40 years.
“The criminal justice system is not just creaking, it is about to croak. There has been cutback after cutback after cutback.
“The Crown Prosecution Service and those on the sexual offences specialist team have got 130 cases each. It really is difficult work and they do a very good job.”
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He said the police had a duty to reveal evidence to the defence which was capable of undermining the prosecution or assisting the defence case.
“The police have a statutory duty to disclose evidence and they just don’t seem to understand that,’’ he added.
“You speak to police officers and they say they haven’t got the time to do this stuff but you have got to do it.
“I know it is a pain but people could go to prison for things they haven’t done because no one could be bothered just to check through the evidence, which they are obliged by statute to do.”
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When defence lawyers finally got to look at the material they came across information which blew the prosecution out of the water.
The text messages suggested the woman had rape fantasies.
Mr Hayes said there was a risk that Mr Allan could have been jailed for many years and put on the Sex Offenders’ Register for life.
He added: “His life would have been over. He would have been shunned by friends, a complete pariah.”
Mr Allan, of Beckenham, southeast London, who is studying criminology at Greenwich University, had spent two years on bail and three days in the dock.
