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Rape trial collapses

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Rape trial collapses

Old 15th Dec 2017, 18:47
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Rape trial collapses

The trial of Liam Allen collapsed today after it emerged that Police withheld phone records showing the alleged victim begging for "casual sex" and telling friends how much they had enjoyed having sex with the accused. Mr Allen had been on bail for two years but the crucial phone records, repeatedly requested by defence lawyers weren't released until the day of the trial.
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Old 15th Dec 2017, 19:31
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I read this too - if the reporting is accurate, it sounds a diabolical and very frightening bit of mishandling by the police. This innocent man could have been jailed for 12 years and put on the sex offenders register for life because of a spurned lover.
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Old 15th Dec 2017, 19:47
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The thing that REALLY annoys me is that the woman who made up this allegation and caused all this anguish for the defendant is allowed to remain anonymous. At the very least she should be "outed" now, as she has been shown to have fabricated a great deal of her evidence, it seems.

Quite why the police didn't take note of the many thousands of emails/texts between the two, that confirmed that she had been pestering him for sex, bragging to her friends about how good he was in bed, etc, BEFORE passing the case to the CPS and the subsequent decision to charge him beggars belief.
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Old 15th Dec 2017, 20:02
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Agreed. Most of the criticism has focused on the bun-fight between police and cps as to whose fault it was the phone records weren't disclosed. My issue is more fundamental; in the light of those records why was he even charged?
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Old 15th Dec 2017, 20:42
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Disgraceful. I don't know why she made those allegations. They have ruined a man's life for years. That should not go unpunished.

The real tragedy is that genuine assault cases just got harder to be taken seriously....
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Old 15th Dec 2017, 21:16
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"Regardless of the history, if a woman says "No" she means "No"". A simple statement but with the current rise in certain topics related to sexual proclivity, no wonder men feel they can't win.
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Old 15th Dec 2017, 21:24
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Originally Posted by Ogre View Post
"Regardless of the history, if a woman says "No" she means "No"". A simple statement but with the current rise in certain topics related to sexual proclivity, no wonder men feel they can't win.
But if a woman says yes, she means yes.

Maybe he should have given in and taken one for the team.
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Old 15th Dec 2017, 21:58
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I've just completed a 4 week CID course which had a lot of emphasis on disclosure and the recording and reviewing of unused material. I now have a better understanding of the subject but even before the course I had a working knowledge and knew full well that when I signed the SDC1 or 2 or the MG6 C/D or E, I was responsible for reviewing all the unused material I had collected and that I would disclose anything which undermines the case for the prosecution or would assist the defence. Given that I can't understand how a massive quantity of phone and text messages either wasn't reviewed or wasn't listed as unused particularly as they were undermining. The one explanation I can think of is that the DC involved in the case was so over worked that he or she didn't have the time to review the phone info. The Met has been struggling to recruit DCs for a number of years and has also had problems filling positions in specialist departments. Even colleagues in my force which has filled most of its DCs roles, have crime queues of 25-30 offences which is way too many to allow a decent investigation to take place of each offence.
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Old 15th Dec 2017, 22:07
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Is it likely that the Met will have to pay the full defence costs - including losses caused by time off work?

If the problem is down to workload because of staff shortage, the Treasury should pay ALL the costs.....but I bet that neither they or the Met will pay anything.
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Old 15th Dec 2017, 22:42
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I see the prosecutor on this case was Jerry Hayes, the ex-Conservative MP from Harlow.
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Old 15th Dec 2017, 23:59
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After this fiasco the question for anonymity in rape cases surely has to be revisited. Organisations such as Women Against Rape (are there any women FOR rape?) constantly trot out the old argument that revealing the accused's name encourages other alleged victims of the accused to come forward. But this must surely take second place to the principle that a person is innocent until proved guilty. Of course this poor chap has been found not guilty but he has had to endure over two years of hell because of this woman's lies. If as has been reported on the radio, and confirmed by skydiver the police and CPS really are overwhelmed by work in the matter of sifting evidence, then that is surely even more reason to ensure that accused men are granted the same anonymity as their accuser

On that subject, do people remember the case of the actress who made a fantastic accusation that she had been manually penetrated by a man who bumped against here as she was crossing the crowded concourse of a London rail terminus a year or two back? The case, which had incredibly been brought by the CPS in spite of CCTV evidence which showed that the accusation was nonsense was thrown out by the jury in about 15 minutes, after they had seen the CCTV. Nevertheless the woman retained her anonymity, was not charged with making a false accusation, and is now back working for the BBC in her former acting role. This is common knowledge for anyone who wishes to do a little internet searching, and yet if I were to reveal her name I would not only be breaking PPRuNes rules but would be committing a criminal offence. The name of the man on the other hand is in the public domain, no doubt much to his embarrassment.
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Old 16th Dec 2017, 00:15
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She should certainly be in jail, along with the cops who didn't review the evidence correctly.
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Old 16th Dec 2017, 00:29
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The one explanation I can think of is that the DC involved in the case was so over worked that he or she didn't have the time to review the phone info.
Another and more likely explanation is that the Police decided to withhold the evidence.
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Old 16th Dec 2017, 03:57
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The thing that REALLY annoys me is that the woman who made up this allegation and caused all this anguish for the defendant is allowed to remain anonymous. At the very least she should be "outed" now, as she has been shown to have fabricated a great deal of her evidence, it seems.
Totally agree, like Racism, sexual harrassment only seems to be accepted in one direction.

She should be done for perjury, or fraud, or ......I'm sure there's something ?
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Old 16th Dec 2017, 05:50
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Originally Posted by ExSp33db1rd View Post
She should be done for perjury, or fraud, or ......I'm sure there's something ?
They get a quack to diagnose them with some sort of mental condition, and bingo, no action is taken!

Free, and anonymous, to maybe do it again.

Originally Posted by Jet II View Post
I see the prosecutor on this case was Jerry Hayes, the ex-Conservative MP from Harlow.
Not sure what your point is in mentioning that, unless you are trying to introduce a political element?
As the prosecuting barrister, he has been as outraged as anyone about the police "hiding" of evidence.
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Old 16th Dec 2017, 06:14
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Originally Posted by Il Vero Padrino View Post
Another and more likely explanation is that the Police decided to withhold the evidence.
Shouldn't this comment be in the "offensive and patronising" thread?
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Old 16th Dec 2017, 06:16
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The prosecutor in question was only appointed to the case a couple of days before the case and, on finding the place had been refusing to hand over the telephone data, immediately ordered tha5 they should do so. Having been told the content he and the defence immediately approached the judge. He’s the only reason the truth came out.
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Old 16th Dec 2017, 06:26
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Rape case scandal is just ‘tip of the iceberg’

The case of an innocent student put on trial for rape because police withheld evidence is just the “tip of the iceberg”, senior barristers said last night.......

Angela Rafferty, QC, chairwoman of the Criminal Bar Association, said yesterday that without the intervention of the barristers in court Mr Allan “would have suffered an appalling miscarriage of justice” because of the failure of police and the Crown Prosecution Service (CPS). She warned that the failure was “not an isolated incident” and said that police and the CPS may be “unconsciously bias[ed]” towards people who report sex offences.

Mr Allan’s acquittal comes as concern grows over a series of rape cases involving young men that have fallen apart because of fears about the quality of the evidence. A report in July by HM Crown Prosecution Service Inspectorate, seen by this newspaper, found that police and CPS staff blamed “limited resources and lack of time” for the poor disclosure of evidence. The inspectors found that the failure to deal with issues early meant that unauthorised disclosure between lawyers, unnecessary adjournments and discontinued cases “are common occurrences”. The report said that at least 56 cases had been scrapped because of failure to disclose evidence between 2013 and last year.

More than half of the 146 cases reviewed showed “obvious disclosure issues” before the suspect was charged. In 38.3 per cent of these cases the prosecution did not deal with these issues “at all”. The inspectors said that problems with disclosure had been known for “many years” and warned that “no improvement will result and the likelihood of a fair trial can be jeopardised”.

Critics said Mr Allan’s case showed that lessons had not been learnt. Ms Rafferty said: “The case should never have been brought. Public funds were wasted, he spent two years on bail, and no good has come of it. The authorities do not appear to have learnt lessons from the joint report by HM Inspectors of the CPS and Constabulary in July 2017, which highlighted systemic failures and offered remedies.”

Dapinder Singh, QC, who specialises in complex frauds and serious crime, said the failure to disclose evidence in Mr Allan’s case may be “just the tip of the iceberg”. He added: “Disclosure is the backbone of the criminal justice system and a defence team must be able to trust the prosecution to properly discharge their disclosure duties.”.......

The woman who accused Mr Allan faces investigation for attempting to pervert the course of justice. The detective involved will be questioned about the failure to hand over the vital evidence...... In Mr Allan’s case, the phone records were handed over only when a new prosecutor agreed to a request from the defence barrister to see any material from the woman’s phone. Judge Peter Gower said on Thursday it was clear that Mr Allan would not have been charged if the messages had been seen, and demanded an inquiry into the failure to produce them......
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Old 16th Dec 2017, 06:45
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Reading about this outrageous episode put a chill down my spine, as it should for any man, especially as she has so far been allowed to remain anonymous.

Hopefully she will be prosecuted and her name plastered over the media very soon.
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Old 16th Dec 2017, 07:03
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There has been talk of a private prosecution if the DPP don't take action against the liar in this case.

There is however a Catch 22 element to it. The complainer requires the consent of the DPP to do this, and the DPP can then take on the case, then dismiss it if they feel it has no merit or is not in the public interest.
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