Judge blasts detective for ‘serious omissions’ in collapsed rape case
The woman, who cannot be named, had given “different accounts” as a witness in another rape case involving a soldier.
Text messages sent by the complainant in the hours after the alleged incident and a conversation with a friend about what would happen if a video of the incident became common knowledge were not revealed.
The woman also sent photographs of herself naked to one of the defendants. DC Lewis failed to disclose it.
The mobile telephone evidence was only recovered when experts instructed for the defence carried out a full examination of the device.
After the case was dropped the defendants’ barristers criticised DC Lewis for “cherry picking” supportive evidence and “airbrushing out of the picture” anything that could have Students Patrick Foster, Thady Duff, James Martin and Leo Mahon were suspended from college while they awaited trial helped the men. The officer faces an inquiry by his force’s professional standards department.
The judge commented: “The lack of training for the role of disclosure officer and identifying too closely with the complainant very nearly led to the applicants conducting their trial with one hand tied behind their back.
“His omissions in relation to the disclosure of the telephone evidence were stark and very serious. His failure to adequately record meetings and conversations with the complainant was also a serious omission.”
The judge also blasted prosecutors for failing to obtain Royal Military Police files of the case in which the complainant was a witness.
The CPS and Det Con Lewis bear joint responsibility for the failure to properly disclose the “game-changing material,” he said.
Mr Duff, Mr Mahon and Mr Foster returned to court last month to apply for a proportion of their legal costs, which included hiring three QCs, to be paid by the prosecution. Mr Martin, of Swerford, Oxon, received legal aid.
A costs judge will determine the final figures payable to the men at a separate hearing.
Mr Duff, of Swindon, Wilts, Mr Foster, of Colchester, Essex, and Mr Mahon, of Cirencester, Gloucs, were not present in court.