The Daily Telegraph

Man wrongly accused of rape to sue police

- By Victoria Ward

A STUDENT wrongly tried for rape after evidence that exonerated him had earlier been held back is to sue the police and the CPS and has called for systemic reform.

Liam Allan, 22, who was accused of six rapes and six sexual assaults, spent almost two years on bail and was three days into his trial at Croydon Crown Court when the prosecutin­g barrister announced he was halting proceeding­s because crucial informatio­n had not been provided to the defence team.

That evidence comprised a cache of sex texts sent from his alleged victim, including one, sent to a friend just weeks before Mr Allan was arrested, reportedly saying: “It wasn’t against my will or anything.” Others detailed her secret fantasies about being raped and choked during sex.

Mr Allan questioned why the texts, which “clearly undermine” the woman’s case, were not disclosed and said he felt he had “no choice” but to sue. “My life was completely upended,” he told the Mail on Sunday.

Scotland Yard is reviewing the investigat­ion. Legal experts said the case could pave the way for other appeals.

The case of Liam Allan, the 22-year-old student who was accused of rape, only for the prosecutio­n to collapse after evidence was withheld, is deeply troubling. The Metropolit­an Police has launched an investigat­ion to discover why text messages from the alleged victim were not disclosed, since they had a critical bearing on the accused’s ability to mount a defence. The prosecutio­n barrister, Jerry Hayes, deserves credit for intervenin­g when he realised what had happened, preventing what would have been a great travesty of justice.

Mr Hayes said the police had failed to alert the Crown Prosecutio­n Service (CPS) to the existence of the texts, which officers considered private and not germane to the case. But it is the job of the CPS to ensure all the evidence that would warrant a prosecutio­n has been scrutinise­d and a watertight case can be constructe­d or innocent people released. Why did they not do that in this instance? It is extraordin­ary that such serious charges were brought without prosecutor­s asking to see the cache of messages that they must have known existed, since everyone today uses a mobile phone.

To blame it on cuts is unacceptab­le. This is more than just slipshod procedure. The lives of too many young men are being blighted by prosecutio­ns brought without any corroborat­ing evidence which are then dismissed by a jury. Even if they are found innocent in the end, the time spent waiting for trial and the publicity that attaches to the defendant can wreck a life and career. The experience of Mr Allan cannot be atoned for simply with the usual remedies of disciplina­ry action or cash compensati­on. A thorough review of processes in such cases is urgently required.

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