Yard to review all rape cases
Met Police to investigate after second case in a week collapses over claims evidence was withheld
SCOTLAND YARD has announced a review of all current rape and sex abuse investigations after a second trial collapsed in less than a week amid claims that the police had failed to disclose crucial evidence.
Isaac Itiary, 25, had been charged with the rape of a child, but the case was thrown out yesterday after it emerged that vital material from the victim’s mobile phone had not been analysed and shared with prosecution and defence lawyers.
It comes just days after Liam Allan, 22, had his case thrown out when it emerged police had failed to disclose thousands of text messages that would have proved his innocence.
Last night it was revealed that it was the same Scotland Yard detective who had worked on both cases.
Detective Constable Mark Azariah, 37, who works on the Met’s specialist rape and sex abuse unit, is still on full active duty. But the collapse of two cases in similar circumstances in a matter of days has prompted senior officers to launch a review of every live rape case currently being investigated by the force.
Last night, there were warnings that police were making basic errors in their desperation to improve conviction rates in sex abuse cases. Currently less than 12 per cent of rape allegations result in a conviction.
Nigel Evans, the Tory MP who was himself cleared of rape after a controversial investigation and prosecution, accused the police of making basic errors. He said: “There has been an absolute systemic failure in the disclosure of evidence that might result in people not being charged... it is putting people through a mental torture, it is a colossal admission of failure… I have a suspicion there is a desire to ensure that the number of convictions increases.”
Angela Rafferty QC, the chair of the Criminal Bar Association, suggested “unconscious bias” stops the police and the Crown Prosecution Service (CPS) “impartially and thoroughly investigating and scrutinising complaints in sexual offence cases.”
David Lidington, the Justice Secretary, said police and prosecutors should not be chasing targets in sex abuse investigations but should ask themselves if the evidence is sufficient.
He expressed sympathy with the view that rape suspects should be granted anonymity until conviction, but said naming suspects upon charge, as is currently the case, often prompted more victims to come forward.
The Metropolitan Police review, announced late yesterday evening, will involve all rape cases currently being investigated by its specialist sex abuse unit. While the two cases that collapsed both involved the same officer, it is thought scores of investigations could now be in jeopardy amid concern that police have been failing to follow proper procedures.
A source said the collapse of Mr Itiary’s case followed the discovery of
evidence that weakened the prosecution case.
Mr Itiary was charged last July but delays in analysing material meant he spent five months on remand before the prosecution decided not to proceed. The complainant in the case was understood to be a 15-year-old girl.
A Scotland Yard spokesman said: “As a precaution, every live case being investigated by the Child Abuse and Sexual Offences [Caso] command, where the Met is in discussion with the CPS, is being reviewed to ensure all digital evidence has been properly examined, documented and shared with the CPS to meet obligations under disclosure.”
Mr Allan, a criminology student, had been three days into his trial when it emerged police had failed to disclose a vast amount of crucial information.
Among the text messages that were not passed to the defence, was one from the alleged victim that stated: “It was not against my will.”
Mr Allan, who endured a two-year ordeal, has now threatened to sue the police and CPS, accusing them of chasing rape convictions “like sales targets”.
Mr Lidington said: “The police and CPS need to look rigorously and ask themselves honestly ... whether the evidence is sufficient.”