Accused freed as officer’s evidence in rape case thrown out

Detectives criticised for ‘improper questioning’

A judge threw out “incriminatory” evidence against a rape accused after branding a detective investigating the case “evasive” and “not credible”.

Jake Hawkins, 22, was last week found not guilty of raping a woman at a Dundee flat in August 2016 following a trial at the High Court in Edinburgh.

It has emerged trial judge Lady Scott barred the jury from hearing Hawkins’ police interview during the case after ruling detectives’ questioning of him “wholly improper”.

She found it inadmissible after ruling detectives had sought to “undermine” Hawkins lawyer – who had told him to answer “no comment” to each of the 213 questions he was asked.

He told the court police made him feel his solicitor “didn’t care or know what he was doing” and was “rubbish and didn’t know what was going on”.

As a result, after more than an hour of maintaining his right to silence, Hawkins said he “didn’t know whether he could trust his lawyer” and that he was “making a bad decision listening to the solicitor”.

He then told officers “it seemed wrong saying no comment” before giving a lengthy narrative of “incriminatory” statements to police.

Lady Scott ruled the interview was “tainted” because of “undue pressure” applied to Hawkins.

She said statements given by accused people must be “spontaneous and voluntary” and the Crown “had not established this interview was fair and the statements made can properly be said to be voluntary”.

In a written judgment, Lady Scott criticised one officer and said police had effectively cross examined Hawkins, a tactic long ruled illegal.

The judge said she did not find the officer a credible witness.

She said: “I found him evasive and in particular I found his denial that he sought to undermine the legal advice given, not credible.

“I accepted the evidence of the accused.”

Prosecutors alleged that Hawkins assaulted the woman while she was under the influence of prescribed medication, while she was asleep and incapable of giving or withholding consent.

Hawkins, of Barnton, Scrogiehill, Perthshire, was found not guilty by a majority verdict.

I found him evasive and in particular I found his denial that he sought to undermine the legal advice given, not credible. LADY SCOTT