File loss blunder in rape case

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A man suspected of raping a woman 12 years ago will not face prosecution, as the police have lost the case file.

Wendell Baker's DNA matched that of the man who broke into Hazel Backwell's east London home, beat and raped her and left her tied up in a cupboard.

Mr Baker was charged with rape, but a judge ruled his DNA had been unlawfully retained. This decision was then overturned by the Law Lords in 2000.

But a retrial cannot take place, as the original case file cannot be found.

Mrs Backwell, who has since died, was 66 at the time of the attack. She had been asleep in her home in Stratford when the intruder broke in.

'Extensive searches'

She spent 15 hours in an understairs cupboard before she was found by a friend who raised the alarm.

A change in the Double Jeopardy law in 2005 would have allowed a retrial to take place if there was "new and compelling evidence".

But a Metropolitan Police spokeswoman said after "extensive" searches police could not find the file, which contains the victim's statement and details of supporting evidence, including DNA tests.

Searches and inquiries have been carried out in the police archives, at the Forensic Science Service, the Crown Prosecution Service, Old Bailey, the Royal Courts of Justice and the House of Lords.

The original trial judge and barristers have also also been contacted, it is understood.

The police spokeswoman added losing the case files was "deeply regrettable".

"It is not a case we can progress any further," she said.

Earlier this year, the Law Lords lifted a ban on naming Wendell Baker in a case which was brought by the BBC.

The case is due to be featured on the investigative show Double Jeopardy on BBC1 on Thursday evening.