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Oxford student rape case dropped days before trial Oxford student rape case dropped days before trial
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Police and CPS criticised after no evidence is offered against Oliver Mears, 19, in latest trial collapse Judge criticises police and CPS after no evidence is offered against Oliver Mears, 19, in latest trial collapse
Press AssociationPress Association
Fri 19 Jan 2018 11.58 GMT Fri 19 Jan 2018 13.04 GMT
Last modified on Fri 19 Jan 2018 12.03 GMT First published on Fri 19 Jan 2018 11.58 GMT
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A judge has criticised police and prosecutors after a rape case against an Oxford University student was dropped days before his trial. A judge has criticised police and prosecutors after a rape case against an Oxford University student was dropped just days before his trial.
Oliver Mears, 19, spent two years on bail accused of rape and assault by penetration of a woman in July 2015. Oliver Mears, 19, spent two years on bail accused of raping and assaulting a woman in July 2015.
But the Crown Prosecution Service (CPS) decided to offer no evidence against him on the basis of fresh evidence, including a diary that supported his case, which was passed to the CPS last week. But the Crown Prosecution Service decided to offer no evidence against him on the basis of fresh evidence, including a diary that supported his case, which was passed to the CPS just last week.
It comes after Scotland Yard announced a review of all its sex crime investigations, where a suspect has been charged, following the collapse of two rape prosecutions in a week. On Friday, prosecutor Sarah Lindop told Guildford crown court the case was “finely balanced” from the start and the new material “tips the balance” in favour of Mears.
The CPS offered no evidence against either Liam Allan, 22, or Isaac Itiary after the late disclosure of evidence that could have assisted the defendants. Judge Jonathan Black demanded the head of the CPS rape and sexual offences (RASO) unit wrote to him within 28 days “with a full explanation of what went wrong” before he decided whether any action was required “at CPS or police level”.
More details soon … He said: “It seems to me in a case which is as finely balanced as you say it was, there have been unnecessary delays in investigating ... leading to what seems to be a completely unnecessary last-minute decision in this case.
“Both Oliver Mears and the complainant have had this matter hanging over their heads for two years in circumstances, had the investigation been carried out properly in the first instance, would not have led to this position.”
It comes after Scotland Yard announced a review of every one of its sex crime investigations, where a suspect has been charged, following the collapse of two rape prosecutions in a week.
The CPS offered no evidence against both Liam Allan and Isaac Itiary after a late disclosure of evidence that could have assisted the defendants.
Lindop said: “There were some disclosure matters, but this is not a disclosure case per se. There was a diary produced. Part of that was disclosed, we asked for the full copy of it.”
The court heard that Mears’ lawyers had been asking for the diary since October last year and the prosecutor explained: “The police have been trying to secure that.”
“I have been made aware of it coming into the possession of the crown last week. That contains material that was not of assistance to the prosecution.”
She said the diary was not the only reason for the decision, adding: “The situation is we were waiting for third party material, which included matters of a sensitive nature to the complainant in the case. We were also awaiting confirmation from the police in terms of the digital devices that were secured.”
Surrey police have launched an internal review of the force’s investigation.
A spokesman for the force said: “The CPS have decided to discontinue this trial for a number of reasons. Following this decision we, Surrey police, are undertaking an internal review of our investigation and we will continue to liaise with the CPS following the hearing on Friday.”
A file was passed to the CPS in May 2017 and the decision to charge Mears was made the following month.
A CPS spokesman said: “We keep all cases under continual review. Following a review of this case, prosecutors were not satisfied there was a realistic prospect of conviction as the evidential test set out in the Code for Crown Prosecutors was not met. We therefore decided to offer no evidence.”
Crown Prosecution ServiceCrown Prosecution Service
UK criminal justiceUK criminal justice
PolicePolice
Rape and sexual assaultRape and sexual assault
Oxford
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