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Met Police officer at centre of collapsed rape cases still working as questions mount over blame Met Police officer at centre of collapsed rape cases still working as questions mount over blame
(about 3 hours later)
A police officer who investigated two collapsed rape cases is still working at the Metropolitan Police as a scandal rages over failures to disclose key evidence. Theresa May has vowed to make sure “we are truly providing justice” to accused rapists amid a mounting scandal over the collapse of two cases.
Britain’s largest police force is reviewing all live child abuse and sexual offences cases after unrelated prosecutions against Liam Allan and Isaac Itiary were thrown out. Scotland Yard is reviewing all live sexual offence and child abuse investigations after its officers failed to disclose evidence that should have stopped Liam Allan and Isaac Itiary ending up in court.
But a spokesperson told The Independent no officers were under disciplinary restrictions, meaning that the detective constable leading the flawed investigations remains on full duty in Scotland Yard’s sexual offences unit. Both investigations were led by the same officer, who remains on full duty, but lawyers warn that a wider “crisis in the system” is threatening to cause wrongful convictions across the country.
Police, prosecutors and barristers have warned the problems are long-running and widespread, with some blaming a lack of resources for investigating huge quantities of digital data. “We have been warning for many years that disclosure failures and lack of resources will lead to miscarriages of justice,” said Angela Rafferty QC, chair of the Criminal Bar Association.
“We fear unconscious bias stops the police and Crown Prosecution Service (CPS) impartially and thoroughly investigating and scrutinising complaints in sexual offence cases. 
“It should be remembered that it is not the job of the police or CPS to judge the truthfulness or otherwise of any allegation made.”
Mr Allan is launching legal action against the Metropolitan Police and there are warnings of a slew of appeals from prosecuted rapists and sexual offenders, who could now have grounds to argue their convictions were unsafe.
Police are legally obliged to examine all evidence from all participants in a case, whether it supports or hinders prosecution, and pass it on to lawyers.
Julia Smart, who represented Mr Allan, told The Independent defence lawyers were routinely having to “fight to get” evidence investigators should have already reviewed.
Another trial has been paused after 50,000 phone messages were revealed, she said, adding: “Police officers must understand their duty to investigate, and that means if it takes time to look through this material, they must do it.”
The Prime Minister was urged to back a full investigation in the House of Commons as the scandal grew on Wednesday, telling MPs: “I think it is important that we look at this again to make sure that we are truly providing justice.”
Ms May said the Attorney General had already initiated a review on the issue before Mr Allan and Mr Itiarys unrelated case were thrown out within a week.
In both cases, police had downloaded the contents of claimants’ phones but failed to pass on the information they contained to the prosecution or defence.In both cases, police had downloaded the contents of claimants’ phones but failed to pass on the information they contained to the prosecution or defence.
In Mr Itiary’s case, messages showed a 14-year-old girl he was accused of raping had claimed she was 19, while Mr Allan’s alleged victim had told friends she wanted and enjoyed sex she later reported as rape. Mr Itiary had been charged with the statutory rape of a 14-year-old girl but messages showed she had claimed she was 19, while Mr Allan’s alleged victim had told friends she wanted and enjoyed sex she later reported as rape.
After the new evidence was released at the request of defence lawyers, the Crown Prosecutions Service (CPS) decided to offer no evidence against the defendants and they were acquitted. After the new evidence was released at the request of defence lawyers, the CPS decided to offer no evidence against the defendants and they were acquitted.
Mr Allan’s case was thrown out of Croydon Crown Court on Thursday and proceedings for Mr Itiary were halted at the Inner London Crown Court on Tuesday. Nigel Evans, a Conservative MP who was acquitted of sexual offence charges in 2014, renewed calls for accused rapists to be granted anonymity until being charged “at least”.
“There are two cases which have collapsed with this one particular police officer but when you listen to barristers, they tell me that this is something that is systemic within the judicial system,” he told Sky News.
“I don’t believe the Attorney General would have embarked on his own review of disclosure had he not believed there was a real problem at a heart of the British judicial system.”
Mr Evans called on the Government to “urgently look at” providing resources to meet rising number of sexual abuse reports, the day after it sparked anger by demanding police take more money from council tax to generate an increase in funding.
While publicly apologising over Mr Allan’s, Alison Saunders, the Director of Public Prosecutions, said cost considerations “pay no part in decisions” over disclosing evidence.
But police officers and prosecutors interviewed by independent inspectors said they believed limited resources and a lack of time were the main causes, even though “long-standing” problems predate recent budget reductions.
A report issued in July by HM CPS Inspectorate and HM Inspectorate of Constabulary said even unused items of evidence must be reviewed by police “to see whether it is capable of undermining the prosecution case or assisting the defence case” and passed on.
Warning of widespread failures by both police and prosecutors, the authority said officers failing to comply with requirements were “often ignorant” of their disclosure responsibilities. 
“Non-compliance with the disclosure process is not new and has been common knowledge amongst those engaged within the criminal justice system for many years,” the damning report concluded. “Until the police and CPS take their responsibilities in dealing with disclosure in volume cases more seriously, no improvement will result and the likelihood of a fair trial can be jeopardised.”
Scotland Yard said it was reviewing every live case being investigated by Child Abuse and Sexual Offences Command “as a precaution” to ensure that all digital evidence has been properly examined, documented and shared.Scotland Yard said it was reviewing every live case being investigated by Child Abuse and Sexual Offences Command “as a precaution” to ensure that all digital evidence has been properly examined, documented and shared.
Commander Richard Smith, who oversees rape investigations in the Metropolitan Police, said the force was “completely committed to understanding what went wrong” in a joint review with the CPS on Mr Allan’s case.Commander Richard Smith, who oversees rape investigations in the Metropolitan Police, said the force was “completely committed to understanding what went wrong” in a joint review with the CPS on Mr Allan’s case.
“Rape investigations are by their nature very complex, and often hinge on the contradictory accounts of the alleged suspect and the complainant about what has taken place,” he added. “We are reviewing all our investigations, where we are in discussion with the CPS, to assure ourselves that we are meeting our disclosure obligations in an acceptable timescale based on the volume of data that some cases involve.”“Rape investigations are by their nature very complex, and often hinge on the contradictory accounts of the alleged suspect and the complainant about what has taken place,” he added. “We are reviewing all our investigations, where we are in discussion with the CPS, to assure ourselves that we are meeting our disclosure obligations in an acceptable timescale based on the volume of data that some cases involve.”
The announcement has prompted fears of a slew of appeals from prosecuted rapists and sexual offenders who could now have grounds to argue their convictions were unsafe.
Criminal barristers have warned that the cases are far from isolated, coming months after an official inspection found that poor disclosure is a “long-standing” problem across the country.
Julia Smart, who represented Mr Allan, told The Independent defence lawyers were routinely having to “fight to get” evidence police should have reviewed at an early stage.
Another trial has been paused after 50,000 phone messages were revealed, she said, adding: “Police officers must understand their duty to investigate, and that means if it takes time to look through this material, they must do it.”
The Criminal Bar Association (CBA) warned of a “crisis in the system” partly attributed to a lack of resources and funding.
Chair Angela Rafferty QC said the cases “sent a chill down all our spines” after warning for years that disclosure failings could lead to miscarriages of justice.
“The crisis in the system and the chronic lack of resources and funding throughout it allow corners to be cut and mistakes to be made that have implications for the rule of law,” she added.
“We fear unconscious bias stops the police and CPS impartially and thoroughly investigating and scrutinising complaints in sexual offence cases. 
“It should be remembered that it is not the job of the police or CPS to judge the truthfulness or otherwise of any allegation made.”
Ms Rafferty warned that the collapsed cases could have seen men wrongly jailed for decades if not for the work of barristers, adding: “If the criminal justice system is to cope properly then funding must be found to ensure that there are proper investigations, a proper filtering system for cases that have no merit and a proper approach by the police and CPS to disclosure issues.”
Alison Saunders, the Director of Public Prosecutions, publicly apologised over Mr Allan’s case and said cost considerations “pay no part in decisions” over disclosing evidence.
But police officers and prosecutors interviewed by independent inspectors said they believed limited resources and a lack of time were the main causes, even though problems predate recent budget reductions.
A report issued in July by HM Crown Prosecution Service Inspectorate and HM Inspectorate of Constabulary said even unused items of evidence must be reviewed by police “to see whether it is capable of undermining the prosecution case or assisting the defence case” and passed on.
Warning of widespread failures by both police and prosecutors, the authority said officers failing to comply with requirements were “often ignorant” of their disclosure responsibilities. 
“Non-compliance with the disclosure process is not new and has been common knowledge amongst those engaged within the criminal justice system for many years,” the damning report concluded. “Until the police and CPS take their responsibilities in dealing with disclosure in volume cases more seriously, no improvement will result and the likelihood of a fair trial can be jeopardised.”
Campaigners emphasised that false rape allegations are rare in comparison to the publicity they receive, with the crime believed to be severely underreported.Campaigners emphasised that false rape allegations are rare in comparison to the publicity they receive, with the crime believed to be severely underreported.
Rachel Almeida, from Victim Support, said: “We are aware that false claims of this nature can cause significant harm to those accused, however it is important to highlight that untrue claims of rape are incredibly rare.Rachel Almeida, from Victim Support, said: “We are aware that false claims of this nature can cause significant harm to those accused, however it is important to highlight that untrue claims of rape are incredibly rare.
“Extensive research has shown this to be the case and that false reporting is actually lower for rape than for other offences. “Extensive research has shown this to be the case and that false reporting is actually lower for rape than for other offences. 
“Inflated perceptions of false allegations of rape may cast undue doubt on the credibility of victims’ claims and further deter them from coming forward.”“Inflated perceptions of false allegations of rape may cast undue doubt on the credibility of victims’ claims and further deter them from coming forward.”