Police witheld evidence in rape case.

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Just my opinion
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#1
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http://www.dailymail.co.uk/news/arti...sking-sex.html

Unbelieveably police witheld 40,000 texts and messages that proved her a liar and backed his version of events.
Had the ex Tory MP prosecution barrister Jerry Hayes not taken over the case in the last days before the trial and ordered their release to the defence none of this would have come out and he could easily be starting a ten year sentence.
The trial Judge was furious and has called for an inquiry at the highest level.
Unless she is prosecuted she will remain anonymous for life.he on the other hand will have this follow him for the reat of his life.
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999tigger
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(Original post by Just my opinion)
http://www.dailymail.co.uk/news/arti...sking-sex.html

Unbelieveably police witheld 40,000 texts and messages that proved her a liar and backed his version of events.
Had the ex Tory MP prosecution barrister Jerry Hayes not taken over the case in the last days before the trial and ordered their release to the defence none of this would have come out and he could easily be starting a ten year sentence.
The trial Judge was furious and has called for an inquiry at the highest level.
Unless she is prosecuted she will remain anonymous for life.he on the other hand will have this follow him for the reat of his life.
There will be an investigation. Its as much down to police incompetency than anything. Hays pointed specifically to the lack of funding.that has the criminal justice system on the verge of collapse. Perhaps if the government spent more money then fewer of these situations would happen?

It wont follow him around for life because he has been exonerated.

Yes she is likely to be prosecuted for apcoj and police disciplined or fired as a result.
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username2763536
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(Original post by 999tigger)
There will be an investigation. Its as much down to police incompetency than anything. Hays pointed specifically to the lack of funding.that has the criminal justice system on the verge of collapse. Perhaps if the government spent more money then fewer of these situations would happen?

It wont follow him around for life because he has been exonerated.

Yes she is likely to be prosecuted for apcoj and police disciplined or fired as a result.

An investigation led by the police? I don't think its incompetence or money tbh I think its down to a systematic bias.It seems to be the case that the alleged victim is being believed regardless of what the evidence says.It might not follow him round for life now but it could have were it not for this last minute evidence.He could have been jailed for 10 years and put on the sex offenders register.And if it could have happened to him maybe its already happened to somebody else and nobody has found out about it.
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999tigger
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(Original post by Robby2312)
An investigation led by the police? I don't think its incompetence or money tbh I think its down to a systematic bias.It seems to be the case that the alleged victim is being believed regardless of what the evidence says.It might not follow him round for life now but it could have were it not for this last minute evidence.He could have been jailed for 10 years and put on the sex offenders register.And if it could have happened to him maybe its already happened to somebody else and nobody has found out about it.
Nope by the independent police complaints commission. That fact alone shows you dont know much.

You would wait till the findings of the investigation. It was Hays who pointed towards the justice system being in a crisis due to funding or perhaps you know more than him. Are you a lawyer?

You are an idiot if you believe they dont pay due regard to evidence. If your claim was true that they pay no regard to due process. If that were the case he would have been convicted.

The case collapsed once the defect came to light.

Yes maybe its happened to someone else but thats why you have an appeal system. No criminal system is perfect and if you dont finance it properly then more miscarriages of justice will happen.
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joey11223
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Obviously the police have messed up massively here but surely this seems to prove the girl has made up false allegations which almost cost him over a decade of his freedom and has already cost him 2 years of trauma. So.....I assume she's going to be going to court for this? Why isn't she named, where's her photo? His is plastered everywhere and despite being exonerated it will stay with him because guaranteed you'll get a few people who will take a "no smoke without fire" attitude towards him.
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username2763536
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(Original post by 999tigger)
Nope by the independent police complaints commission. That fact alone shows you dont know much.

You would wait till the findings of the investigation. It was Hays who pointed towards the justice system being in a crisis due to funding or perhaps you know more than him. Are you a lawyer?

You are an idiot if you believe they dont pay due regard to evidence. If your claim was true that they pay no regard to due process. If that were the case he would have been convicted.

The case collapsed once the defect came to light.

Yes maybe its happened to someone else but thats why you have an appeal system. No criminal system is perfect and if you dont finance it properly then more miscarriages of justice will happen.

The barrister in this case said there was little chance of appeal so what happens if you are wrongfully convicted?Alison Sauders recently said that if women wake up in bed next to a man with no recollection of the night before then they should seek rape counselling.As she is a major figure in the CPS it speaks volumes that she thinks that.Clearly she at least has a bias.

They clearly don't pay enough regard to evidence.The police in this case only disclosed the text messages after the new barrister who took over the case asked for them.And when he did ask for them he was told it was "too personal".In fact the messages completely destroyed the prosecution case.It was due to luck and the determination of the defence team that got this case thrown out.Not due to the police.It could easily have happened to someone else.Why didn't the police disclose the messages? Did they even look at them? Surely its one of the first things you would check if you were investigating.I'm not saying they don't look at the evidence but I'm saying there seems to be a bias in favour of the alleged victim.
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999tigger
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(Original post by Robby2312)
The barrister in this case said there was little chance of appeal so what happens if you are wrongfully convicted?Alison Sauders recently said that if women wake up in bed next to a man with no recollection of the night before then they should seek rape counselling.As she is a major figure in the CPS it speaks volumes that she thinks that.Clearly she at least has a bias.

They clearly don't pay enough regard to evidence.The police in this case only disclosed the text messages after the new barrister who took over the case asked for them.And when he did ask for them he was told it was "too personal".In fact the messages completely destroyed the prosecution case.It was due to luck and the determination of the defence team that got this case thrown out.Not due to the police.It could easily have happened to someone else.Why didn't the police disclose the messages? Did they even look at them? Surely its one of the first things you would check if you were investigating.I'm not saying they don't look at the evidence but I'm saying there seems to be a bias in favour of the alleged victim.
There was nothing to appeal. Again something you dont seem to understand and like to misinform yourself about.
I am perfectly aware of what happened . You dont appear to have any points.

The case was thrown out because Hays questioned the police and found out the evidence had not been disclosed. Nothing to do with the defence, which shows you clearly dont understand what happened and why.
It could happen to someone else and thats why they will investigate what happened and why.

Only the investigation will tell us why. Nothing to do with systematic bias. That is baloney. It was because other people understand about due process that the case did not go ahead and the error was caught.
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the bear
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the police do not seem to pick up serial false accusations quickly:

https://www.thesun.co.uk/news/431376...men-is-jailed/

http://www.dailymail.co.uk/news/arti...es-jailed.html
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the bear
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it was the prosecutor not the defence who noticed the existence of the evidence which destroyed the case against this innocent young man.

i hope that the young man is fully compensated for his ordeal.
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username2763536
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(Original post by 999tigger)
There was nothing to appeal. Again something you dont seem to understand and like to misinform yourself about.
I am perfectly aware of what happened . You dont appear to have any points.

The case was thrown out because Hays questioned the police and found out the evidence had not been disclosed. Nothing to do with the defence, which shows you clearly dont understand what happened and why.
It could happen to someone else and thats why they will investigate what happened and why.

Only the investigation will tell us why. Nothing to do with systematic bias. That is baloney. It was because other people understand about due process that the case did not go ahead and the error was caught.
Yes Hayes questioned the police but only because the defence pressured him to check.So clearly its you who is misinformed.
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Just my opinion
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I wonder how many people are inside now because of the police withholding evidence.

I would be more inclined to believe that it was **** up and not deliberate if I didn't know that the police are under extreme pressure to increase conviction rates.
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999tigger
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#12
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(Original post by joey11223)
Obviously the police have messed up massively here but surely this seems to prove the girl has made up false allegations which almost cost him over a decade of his freedom and has already cost him 2 years of trauma. So.....I assume she's going to be going to court for this? Why isn't she named, where's her photo? His is plastered everywhere and despite being exonerated it will stay with him because guaranteed you'll get a few people who will take a "no smoke without fire" attitude towards him.
Eventually subject to what they find out, then she is likely to be prosecuted for attempting to pervert the course of justice an is likely to face jail time. I expect he will seek compensation. The more serious questions are about the actions of the police and the reason for not disclosing as they are required to do. Just sounds like incompetence from the officer concerned i.e they didnt know or do their job.

The investigations will throw further light on this. If the system really was as corrupt then the police would have denied having the evidence. As it was it appears the officer in charge didnt understand his duty to disclose. I havent seen any comments to suggest the CPS knew anything. If they had then it would not have gone ahead, so the problem lies with the police and those in charge of the initial investigation.

This is a highly unusual case and the facts of exoneration are unusual. then I dont believe anyone of any credibility will say anything as he has been exonerated by the court.
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AlexanderHam
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If nothing else, this episode shows how vitally important is the independent bar.

Self-employed barristers like Jerry Hayes might be defending one week, prosecuting the next. This makes them much more independent and objective than in-house CPS lawyers, and they're willing to make calls like the one Hayes did here.

Unfortunately, the conservatives are destroying the independent criminal bar (and much of the legally-aided bar, period). They have slashed legal aid rates such that, for many 'baby barristers' practicing criminal law, they are often lucky to break even in the first two years of practice. There are plenty working at the criminal bar who would earn around £30,000 a year (and they don't get any paid holidays, paid sick leave, they have to make their own pension contributions, pay chambers rent, professional indemnity insurance... these days, you often have to be independently wealthy to contemplate working at the junior criminal bar)

The conservatives and right-wing media's attack on the independent bar, their ridiculous lies calling these lawyers fat cats (when in fact, not only have legal aid rates not risen since the 1990s, they've actually fallen... some barristers might earn £50 for a hearing, and spend more than that on travel and other expenses).
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ANM775
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Saw this story yesterday

women like this is why many rapists get away free ..as such a large burden off proof is needed in order to lock someone up due to the lies some women will tell..

She slept with Chad, but he was too busy with life and didn't want to make her his wifey ....., so she went to the police and told them he raped her 6 times to get back at him....................
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Just my opinion
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(Original post by 999tigger)
This is a highly unusual case and the facts of exoneration are unusual. then I dont believe anyone of any credibility will say anything as he has been exonerated by the court.
Pop over to Mumsnet credibility or not there are plenty of people are saying there is no reason to assume he hasn't done it because plenty of rape Victims will say something whilst in denial of what happened to them and that would explain her texts to friends.

As we have seen here and on other forums on plenty of occasions nothing short of a written confession will convince some people that the woman may have lied.
Even then the first thing some people do is say Well something must have happened to provoke her into doing it.
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999tigger
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(Original post by Just my opinion)
Pop over to Mumsnet credibility or not there are plenty of people are saying there is no reason to assume he hasn't done it because plenty of rape Victims will say something whilst in denial of what happened to them and that would explain her texts to friends.

As we have seen here and on other forums on plenty of occasions nothing short of a written confession will convince some people that the woman may have lied.
Even then the first thing some people do is say Well something must have happened to provoke her into doing it.
But then there are conspiracy people and idiots everywhere.
Do i think it will follow him round in any meaningful sense? No.
There is life outside forums.
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stoyfan
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(Original post by 999tigger)
There will be an investigation. Its as much down to police incompetency than anything. Hays pointed specifically to the lack of funding.that has the criminal justice system on the verge of collapse. Perhaps if the government spent more money then fewer of these situations would happen?

It wont follow him around for life because he has been exonerated.

Yes she is likely to be prosecuted for apcoj and police disciplined or fired as a result.
Although his reputation might be destroyed/damaged already.

I may support the police with open arms but mate, this incident is bloody atrocious.
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999tigger
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(Original post by stoyfan)
Although his reputation might be destroyed/damaged already.

I may support the police with open arms but mate, this incident is bloody atrocious.
I never said otherwise. Feel free to point out where I did.
I did say considering the nature of the case and the police incompetence then people will view the person as a victim.
He has the court to back him up.
He will also have the IPCC investigation and the prosecution in time of the accuser.
He is in a much superior position of simply being found not guilty.

His reputation isnt destroyed.
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username2763536
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(Original post by 999tigger)
But then there are conspiracy people and idiots everywhere.
Do i think it will follow him round in any meaningful sense? No.
There is life outside forums.
Well it might if he tries to get a job.Who would you employ? The guy with good qualifications who may or may not be a rapist. Or the guy with the same qualifications who without a shadow of a doubt is definitely not a rapist.Plus maybe he studies and its affected that.Being a year or two behind with studies can affect them which would then effect his employment prospects.The girl on the other hand is clearly a complete liar and cannot even be identified.Will she be prosecuted?Doubtful.The police do not want to discourage rape victims from coming forward.I suspect she will walk away scot free.
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Notoriety
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The non-disclosures related to her pestering him for sex and her telling her friends she enjoyed having sex with him.

People are using the word exonerated. No, the prosecution's case is being punished for not disclosing and the case is weakened by the disclosures (that is, it becomes to difficult to prove beyond a reasonable doubt). It does not mean he did not rape her.

There are numerous reasons why someone might be excited to have sex with you, but on the night change their mind. There are numerous reasons that you would tell your friends, who know you've had sex with someone, that you are enjoying having sex with that person rather than tell your friends you actually were raped.
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