The Daily Telegraph

Yard to review all rape cases

Met Police to investigat­e after second case in a week collapses over claims evidence was withheld

- By Martin Evans and Steven Swinford

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.”

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