Rape Trial Collapsed Because Police Withheld Sex Text Evidence

Scotland Yard is to undertake an “urgent assessment” after a rape prosecution collapsed due to the late disclosure of vital evidence which undermined the case.

Liam Allan, 22, was charged with 12 counts of rape and sexual assault and had been on bail for two years – but his trial at Croydon Crown Court ended after police were ordered to hand over phone records. A computer disk containing 40,000 messages revealed the complainant petitioned Mr Allan for “casual sex.”

Police are understood to have examined thousands of phone messages when reviewing evidence in the case, but did not disclose to the prosecution and defence teams messages between the complainant and her friends which cast doubt on the allegations against Mr Allan.

Jerry Hayes, the prosecuting barrister, told the court that he would offer no evidence. “I would like to apologise to Liam Allan. There was a terrible failure in disclosure which was inexcusable,” he said.

Criminal justice system is at breaking point, says prosecutor

Mr Hayes added that stretched resources were in part to blame for the failure of disclosure:

“The trouble is everyone is under pressure . . . This is a criminal justice system which is not just creaking, it’s about to croak,” he said.

A criminal barrister for 40 years and a former Tory MP, he added: “There could have been a very serious miscarriage of justice, which could have led to a very significant period of imprisonment and life on the sex offenders register. It appears the [police] officer in the case has not reviewed the disk, which is quite appalling.”

A Scotland Yard spokesman said: “We are aware of this case being dismissed from court and are carrying out an urgent assessment to establish the circumstances which led to this action being taken . . . We are working closely with the Crown Prosecution Service and keeping in close contact with the victim whilst this process takes place.”

Judge Peter Gower called for a review of disclosure of evidence by the Metropolitan Police and urged an inquiry at the “very highest level” of the CPS.

He warned of the risks of “serious miscarriages of justice” after hearing that, to save costs, material was not always handed to defence lawyers.

Speaking outside court, Mr Allan told The Times newspaper:

“I can’t explain the mental torture of the past two years. I feel betrayed by the system which I had believed would do the right thing – the system I want to work in.”

Robot lawyers could help disclosure process

David Green, director of the Serious Fraud Office (SFO), has said that artificial intelligence will soon be used routinely instead of lawyers to prepare criminal cases.

He predicts it will become “the norm” within years for algorithms to examine evidence because they are more reliable, faster and cheaper than humans.

Mr Green explained how the technology was used by the SFO to scan 30 million documents in its investigation into Rolls-Royce over allegations of bribery in overseas markets.

Mr Green suggested artificial intelligence could also be used in relation to disclosure. “It would require defence consent or permission from the court, but I can imagine that not being far away. Why not? It’s a no-brainer really,” he said

He added: “Very often, a complex case is about to start and there will suddenly be a blizzard of disclosure applications from the defence. Those last-minute requests can cause delay and trials being put back. So if you can have a reliable and speedier mechanism built into the disclosure process early on that would be extremely good. That’s something I can see being the norm in crime in 10 years.”

Contact IBB Solicitors’ criminal defence experts today

We have one of the leading teams of defence solicitors in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team. Call us now in complete confidence on 0330 999 4999 for immediate emergency representation. Alternatively please email criminaldefence@ibblaw.co.uk.