Daily Mail

47 sex trials collapsed in just 6 weeks over errors in evidence

- By Rebecca Camber Crime Correspond­ent

BRITAIN’S top prosecutor apologised yesterday after it was revealed that 47 rape and sex attack cases were dropped because evidence had been withheld from defence lawyers.

Alison Saunders, the outgoing head of the Crown Prosecutio­n Service, told MPs that disclosure errors were a ‘long-standing systemic issue’ that prosecutor­s and police had failed to tackle.

She said victims and those wrongly accused deserved an apology after a review of suspects charged with rape and sexual offences found failings in a string of cases which were halted because evidence was missed or not shown to defence lawyers.

In some instances the accused were just days from trial when they were told that texts, emails or messages on social media had been uncovered that proved their innocence.

The review was launched in January after the collapse of a series of trials because police and prosecutor­s did not share key informatio­n which proved the defendants’ innocence.

In a short review covering just six weeks, CPS lawyers looked at 3,637 rape and sex attack cases where a defendant was facing trial having pleaded not guilty.

It found disclosure of evidence was a concern in 47 prosecutio­ns which were then scrapped.

A total of 47 men and one woman were cleared – 14 of whom had been locked up in custody awaiting trial.

Yesterday Miss Saunders said she accepted prosecutor­s had in some cases shared material too late, meaning defendants could be on bail or remanded in

DRAGGED THROUGH HELL BY RAPE POLICE

custody for many months before their cases were dropped.

Asked whether they were owed an apology, she told the Commons justice committee: ‘Absolutely. I feel every single failure. It is not something that we want. We have been very clear about where our failings are. We will apologise.’

The CPS and the National Police Chiefs Council have refused to say whether any officer or lawyer faces disciplina­ry action as a result.

Yesterday legal experts said the figure is likely to be the ‘tip of the iceberg’ as the CPS review was limited to sexual offences and did not examine past conviction­s where there could have been a miscarriag­e of justice.

Angela Rafferty QC, chairman of the Criminal Bar Associatio­n, said: ‘For the CPS to question the reliabilit­y of not just a few but dozens of live rape and sexual offence cases out of a lim- ited sample size … will inevitably cause great consternat­ion that some innocent people are already in prisons and many guilty may be walking free.

‘We await the wider parliament­ary review of the whole disclosure system that is now due – dealing with all criminal cases including sexual offences.’

Julia Smart, defence barrister for Liam Allan, whose prosecutio­n last December propelled the issue of disclosure into the limelight, yesterday called for an independen­t inquiry.

Miss Smart had to comb through 40,000 texts police had hidden to discover that the student, 22, was innocent of rape and sexual assault. Mr Allan was later cleared at Croydon Crown Court.

Of the latest review, Miss Smart said: ‘That 47 cases had gone wrong before they got to trial and 14 people were wrongly remanded in custody is deeply worrying and suggests that this is just the tip of the iceberg.’

The CPS review found that in some instances phone evidence had not been examined until after the suspect had been charged, and material was later found that was so damning there was no longer a realistic prospect of conviction.

Mike Cunningham, chief executive of the College of Policing, said officers were being trained to change attitudes that sharing evidence is a ‘bureaucrat­ic add-on’ or a ‘blinking tortuous piece of work’.

Assistant chief constable Stuart Prior, who is coordinati­ng the police response, said: ‘We’ve got to get disclosure right. We cannot allow mistakes to impact so greatly on people’s lives.’

A series of measures are now being introduced, including new training for prosecutor­s and police and actions to deal with disclosure at an earlier stage in proceeding­s. Technology will also be developed to help sift through communicat­ions data.

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