This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.theguardian.com/law/2018/jan/19/oxford-student-case-oliver-mears-dropped-days-before-trial

The article has changed 7 times. There is an RSS feed of changes available.

Version 1 Version 2
Oxford student rape case dropped days before trial Judge accuses police after Oxford student rape case dropped
(about 2 hours later)
Judge criticises police and CPS after no evidence is offered against Oliver Mears, 19, in latest trial collapse Judge criticises police and CPS after no evidence offered against Oliver Mears in latest trial collapse
Press Association Vikram Dodd Police and crime correspondent, and agencies
Fri 19 Jan 2018 13.04 GMT Fri 19 Jan 2018 14.53 GMT
First published on Fri 19 Jan 2018 11.58 GMTFirst published on Fri 19 Jan 2018 11.58 GMT
Share on FacebookShare on Facebook
Share on TwitterShare on Twitter
Share via EmailShare via Email
View more sharing optionsView more sharing options
Share on LinkedInShare on LinkedIn
Share on PinterestShare on Pinterest
Share on Google+Share on Google+
Share on WhatsAppShare on WhatsApp
Share on MessengerShare on Messenger
CloseClose
A judge has criticised police and prosecutors after a rape case against an Oxford University student was dropped just days before his trial. A judge has accused police and prosecutors of unnecessary delays after a student spent two years facing a rape charge only for it to be dropped days before his trial began.
Oliver Mears, 19, spent two years on bail accused of raping and assaulting a woman in July 2015. The case is the latest to raise concerns about the fairness of police investigations and prosecutorial decision-making.
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. In the latest case, Oliver Mears, 19, a student at Oxford University, was charged with the alleged rape of a teenage woman in 2015 following a party. He claimed the sex was consensual, but the Crown Prosecution Service charged Mears with rape. He spent two years on bail.
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. This week, prosecutors dropped the case after a different lawyer reviewed the evidence and a diary from the woman was examined and provided material that supported Mears’ account.
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”. On Friday, Sarah Lindop, the prosecutor, told Guildford crown court the case was “finely balanced” from the start.
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. The judge, Jonathan Black, 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.”“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 judge gave the CPS 28 days to tell him in writing what had gone wrong, and what role prosecutors and police had played.
The CPS offered no evidence against both Liam Allan and Isaac Itiary after a late disclosure of evidence that could have assisted the defendants. Mears’ case follows three other alleged sexual attack cases that collapsed after evidence undermining the police and prosecution case was revealed to defence lawyers only late in the day. Those three were investigated by the Metropolitan police.
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.” Student Liam Allan was cleared in December of multiple counts of rape, and Isaac Itiary, who was charged with raping a child, was freed days later. On Monday, Samson Makele was cleared of rape after it emerged that images from the defendant’s phone of him in bed with his alleged victim had not been disclosed.
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.” In those three cases, disclosure – the police and prosecution’s duty to share material with the defence that may undermine its case – appeared to be the issue and led to the Met reviewing all forthcoming rape cases. In the Mears case, sources say disclosure was less of a problem and a bigger factor was that a second lawyer who reviewed the evidence thought a conviction was unlikely.
“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.” In court, 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.”
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.” The court was told that Mears’ lawyers had asked 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.
Surrey police have launched an internal review of the force’s investigation. “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.”
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.” Mears was a chemistry student at St Hugh’s college, Oxford, but the looming trial and jail sentence a conviction would have carried, led him to suspend his studies. He had pleaded not guilty to the alleged offence.
A file was passed to the CPS in May 2017 and the decision to charge Mears was made the following month. More generally, the biggest challenge to the criminal justice system with rape and sexual violence cases is securing convictions. Most victims do not see their alleged attacker come to court, let alone be convicted.
A spokesman for Surrey police 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 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.”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
newsnews
Share on FacebookShare on Facebook
Share on TwitterShare on Twitter
Share via EmailShare via Email
Share on LinkedInShare on LinkedIn
Share on PinterestShare on Pinterest
Share on Google+Share on Google+
Share on WhatsAppShare on WhatsApp
Share on MessengerShare on Messenger
Reuse this contentReuse this content