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In his ruling, Mr Justice James Goss said: "We have come to the conclusion that, in a case of one word against another, the full Facebook message exchange provides very cogent evidence both in relation to the truthfulness and reliability of (the woman) ... and the reliability of (Mr Kay's) account and his truthfulness."
Judges heard police asked the woman to retrieve Facebook messages that they had exchanged.
Three pages of messages had been printed and the woman, who cannot be identified, told jurors she had deleted some to free up storage space.
She had said there had been little contact after sex, but defence lawyers argued the new evidence showed otherwise.
In the most recent case of Isaac Itiary, the Crown Prosecution Service said "new material" provided by Scotland Yard meant the case could not proceed.
Image copyrightSOCIAL MEDIAImage captionIsaac Itiary was charged with raping a child in July but the case collapsed
The Met review is aimed at ensuring all digital evidence in other sex crime cases has been disclosed to the CPS.
Conservative MP Nigel Evans, who was cleared of rape and sexual assault charges in 2014, said there was a "systemic" problem, which could leave innocent people in jail.
Prime Minister Theresa May said the attorney general had already started a review into the disclosure of evidence, telling PMQs: "It is important that we look at this again so we make sure we are truly providing justice."
Liam Allan, 22, was charged with 12 counts of rape and sexual assault but his trial collapsed after police were ordered to hand over phone records crucial to the case.
A computer disk containing 40,000 messages revealed the alleged victim had pestered him for "casual sex".
Media captionBarrister Jerry Hayes tells Today late disclosure of evidence is a worrying 'systemic' problem
Jerry Hayes, the barrister prosecuting the case against Mr Allan, agreed with Mr Evans' assertion that the problem was "systemic" within the police, telling BBC Radio 4's Today programme: "You speak to any barrister they will tell you stories that this happens every single day and it has got to stop."
He said anyone about to go to trial should seek a letter from the police force to say all evidence has been disclosed, and for those convicted, "they will have to be looked at again".
Analysis
By BBC home affairs correspondent Danny Shaw
The cases of Liam Allan and Isaac Itiary are very different.
As far as Mr Allan is concerned, the Met has accepted the case "clearly went wrong".
Crucial information was disclosed to defence barristers so late that the trial was already well under way.
In Mr Itiary's case, procedures appear to have been followed, though it's possible police could have acted more quickly.
What the cases have done is shine a light on the importance of following disclosure rules.
Undoubtedly the squeeze on resources, with cuts in the Crown Prosecution Service and policing and a national shortage of detectives, together with the increased caseload for sexual offences units, have played their part.
An inspection report this year also pinpointed inadequacies in training and supervision.
Some see the problems as a direct result of a misplaced culture of "believing" the victim, where police don't look for or withhold contradictory evidence - but that's an assertion for the attorney general's inquiry to examine.
Force 'committed'
Commander Richard Smith, who oversees the Met's rape investigations, said he understood the failure of the latest case would raise further concerns.
He added: "The Met is completely committed to understanding what went wrong in the case of Mr Allan and is carrying out a joint review with the CPS, the findings of which will be published."
But Nigel Evans said the late disclosure of evidence was "common" in investigations.
Image copyrightREUTERSImage captionMr Evans was cleared in 2014 of charges of raping a student
Speaking to BBC Radio 5 Live, he said: "It seems to be in too many cases that police are cherry-picking the evidence that is there in order to get a prosecution. "
Mr Evans called for a "proper review" involving police forces across the country, not just the Met.
Officers 'stressed'
Dame Elish Angiolini led a review in 2015 into how the Met and the CPS deal with rape cases.
She said she was "concerned about the impact of excessive workloads on the effectiveness of both police and prosecutors".
In response to her review, the Met said it had carried out "significant work", with an extra 196 officers allocated to the relevant units and additional lawyers for the CPS.
Former Met detective chief inspector Peter Kirkham told the Victoria Derbyshire programme it was a resources issue.
"Since 2010, we have reduced the number of police officers around the country by about 20,000 - that's about 15%," he said.
He warned that officers were "stressed" and "haven't got time to do their jobs properly".
Media captionFormer Met detective Hamish Brown: Sex cases review will highlight police cuts
Liam Allan spent two years on bail before the collapse of the case last week, describing his ordeal as “a terrible form of limbo”.
Now the 22-year-old says he wants to use the experience as a force for good, and plans to take legal action action the police and the CPS.
The case against him was kicked out at Croydon Crown Court on December 14 after evidence previously undisclosed by the prosecution cast serious doubt over its credibility.
View photos
Liam Allan appeared on This Morning on Monday (Picture: Rex)
In one of her messages sent to a female friend before she made her complaint, his accuser texted: “It wasn’t against my will or anything.”
The Metropolitan Police said it was carrying out an “urgent assessment” over the way it was handled.
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Mr Allan said he had “no choice” but to sue the police and the CPS over their handling of his case.
He said: “I am however, happy to work with the CPS and police to help ensure things change for the better. In this case no individual is to blame; there are multiple factors.”
He said: “The support from friends was fantastic, no one believed for one minute that I was guilty. No one treated me differently, no one gave me funny looks at university. I just had to carry on.”
View photos
The case against Liam Allan was kicked out (Picture: BBC)
Mr Allan said he believed the case started when the complainant – who cannot be named for legal reasons – began telling “a little white lie”.
He told the newspaper: “It completely spiralled out of control and it became a story she had to stick to. She completely lost control of what happened.
“I am hoping to use my experience to help change system failures for the benefit of both victims and falsely accused people together.”
Police are understood to have looked at thousands of phone messages when reviewing evidence but it was not until the prosecution was close to trial that Met officers disclosed communications between the complainant and her friends which cast doubt on the case against Mr Allan.
The Crown Prosecution Service said they offered no evidence in the case last Thursday, as it was decided “there was no longer a realistic prospect of conviction”.
Liam Allan with his mother, Lorraine Allan, and supporters at Croydon crown court. “I knew the truth,” she said yesterday after her son was cleared of all chargesBEN GURR FOR THE TIMES
A judge has called for an inquiry after the trial of a student accused of rape collapsed because police had failed to reveal evidence proving his innocence.
Liam Allan, 22, spent almost two years on bail and three days in the dock at Croydon crown court before his trial was halted yesterday.
The judge demanded a review of disclosure of evidence by the Metropolitan Police, Britain’s biggest force, and called for an inquiry at the “very highest level” of the Crown Prosecution Service (CPS). He warned of the risks of “serious miscarriages of justice” after hearing that, to save costs, material was not always handed to defence lawyers.
Mr Allan, a criminology undergraduate at Greenwich University, had been warned that he would be jailed jailed for at least ten years if found guilty after being charged with six rapes and six sexual assaults against a woman who told police that she does not enjoy sex. Mr Allan said the sex was consensual and that the woman was acting maliciously because he would not see her again after he started university.
His lawyers had repeatedly been refused access to records from the woman’s telephone because police insisted that there was nothing of interest for the prosecution or defence, the court was told.
When a new prosecution barrister took over the case the day before the start of the trial, he ordered police to hand over any telephone records. It was revealed that they had a computer disk containing copies of 40,000 messages.
They showed that she continued to pester Mr Allan for “casual sex”, told friends how much she enjoyed it with him and discussed her fantasies of being raped and having violent sex.
Jerry Hayes, the prosecuting barrister, told the court yesterday that he would offer no evidence. “I would like to apologise to Liam Allan. There was a terrible failure in disclosure which was inexcusable,” he said.
Mr Hayes, a former Tory MP and criminal barrister for 40 years, added: “There could have been a very serious miscarriage of justice, which could have led to a very significant period of imprisonment and life on the sex offenders register. It appears the [police] officer in the case has not reviewed the disk, which is quite appalling.” [typical, and deliberate!]
Speaking outside court, Mr Allan told The Times: “I can’t explain the mental torture of the past two years. I feel betrayed by the system which I had believed would do the right thing — the system I want to work in.”
His mother, Lorraine Allan, 46, a bank worker, hugged her son as he was surrounded by friends who had been lined up to give character evidence if the trial continued.
“In the current climate, in these sorts of cases, you are guilty until you can prove you are innocent,” she said. “The assumption is there is no smoke without fire.”
Radhia Karaa, a district crown prosecutor, wrote to the court admitting that the handling of the telephone downloads “has fallen below the standard that we expect”. Judge Peter Gower found Mr Allan not guilty on all charges. “There is something that has gone wrong and it is a matter that the CPS, in my judgment, should be considering at the very highest level,” he said. “Otherwise there is a risk not only of this happening again but that the trial process will not detect what has gone wrong and there will be a very serious miscarriage of justice. He [Mr Allan] leaves the courtroom an innocent man without a stain on his character.”
The judge said that police must tell prosecutors about all material collected during their investigations. “It seems to me to be a recipe for disaster if material is not viewed by a lawyer,” he said. “Something has gone very, very wrong in the way this case was investigated and brought to court.”
Julia Smart, for the defence, said she received the details of the woman’s text messages on the evening before she was due to cross-examine her, so stayed up reading them. When she told the court what she had found, the trial was halted. She said she believed that evidence from phones was being withheld from defence lawyers to save money.
Alison Saunders, the director of public prosecutions, has pushed to increase the prosecution and conviction of sexual offences. Rapes recorded by police have risen from 12,295 in 2002-03 to 45,100 last year but the number of rapes referred to the CPS for a decision on charging has stayed broadly static. Of the 35,000 adult and child rapes recorded by police in 2015-16, just over 6,800 were referred to police, a fall of about 690 on the previous year, according to Rape Monitoring Group figures.
A Met spokeswoman said: “We are aware of this case being dismissed and are carrying out an urgent assessment to establish the circumstances.”
Perhaps it would help the police if Council wasn’t paid £1000 per hour. Pay the lawyers less and get more justice. I was involved in a Company litigation nearly 30 years ago and ‘advice’ from Council cost us £600 an hour then so just think what it costs now.
This is absolutely terrible and surely it is unthinkable that the police and CPS staff involved should not face some sanction. Whether the woman should be named is I think harder because of the knock on effects on others being deterred from reporting real offences - perhaps she should be tried for perjury and only named if convicted (and it is ridiculous if there is a policy of not prosecuting for perjury in these cases, as some seem to suggest).
But all of us are complicit in creating this climate in which an unverified tweet can be taken as proof of guilt. It is terribly, terribly difficult, but we should try to remember that - to take an extreme example - Harvey Weinstein has not even been charged, let alone found guilty of anything.
Justice is one of the absolutely central foundations of civilisation, and it was a great British jurist who said it was better that 99 guilty went free rather than 1 innocent be convicted. Alison Saunders should reflect on that.
Presumably the accusing woman will now be charged with slander, libel, making a false witness statement, defamation etc. etc. This lad will bear the scars for many years.
Absolutely disgusting but I wonder how often this sort of things happen.
In any case if the police have any material at all that they have not examined it should all be handed to the defence. The failure to examine it is irrelevant.
What I don’t understand is this: “His lawyers had repeatedly been refused access to records from the woman’s telephone because police insisted that there was nothing of interest for the prosecution or defence, the court was told.” Why didn’t his solicitors ask the court to make an order for disclosure after the first refusal so that they could check for themselves? The man’s liberty was at stake - you would insist on phone records as part of disclosure and not take the police’s word that there was nothing of interest on there, surely?
There is something rotten at the heart of our judicial system - the police and large sections of the judiciary have become policitised and the blame for this in large part can be laid at the door of the Blair NuLabour administration. As we have seen recently, the Met Police Force has become dangerously politicised. Then we have a whole panoply of laws introduced by NuLabour which actively work against the interests of the settled, law abiding people of this country. Chief villain, was incorporating the Human Rights Act into UK law - we now have to pay compensation to foreign villains who have committed heinous offences against our own people, we cannot detain and deport foreigners who have commited serious crimes and should be deported, and yesterday the High Court ruled that EU Freedom of Movement prevents us from deporting foreign vagrants from other EU countries.
The system is mad! Time to clear out the Augean Stables is well past.
Name and shame the accuser. The routine naming of the accused before the trial has been completed and a verdict passed has to stop too. It can ruin innocent peoples lives.
Good for the prosecution barrister es conservative M P to act in an honourable way. Shame on the Police. Wonder what would have happened if the Labour deputy leader has been the prosecution Barrister
This is what happens when there is so much pressure regarding sexual crimes. Not just to prosecute, but to get convictions.
They are the most difficult crimes to prosecute successfully because so often it is one person's word against another. It would help if politicians did not complain about the low conviction rates in order to get cheap publicity - and if the media did not play their game.
Gross incompetence by the CPS and police at best - but probably criminal intent here. Makes one wonder how many others may be languishing in jail on the back of false accusations by spurned accusers.
A recent Times article drew attention to the distinction between the (increased) number of reports to the police and the (decreased) number of convictions for hate crime. Surely this distinction should always be observed when reporting legal affairs. The sentence in the last paragraph of this article would then read: "Alleged rapes recorded by the police have risen .......... but the number of alleged rapes referred to the CPS for decision on charging has remained broadly static." There may be an increase in the actual number of rapes and the investigative process may still not be adequate, but rectifying this if true is not helped by blurring facts or, in the case reported here, ignoring them.
Bet yer absolutely NOTHING will happen in the Met as a result of this. At best, a lowly plod will be "disciplined". But the senior management will just carry on. It would be utterly shameful if they get away with this - but I bet they do.
@Joe in Suffolk In the meantime what happened about that officer in the Damian Green case who kept, illegally I think, his notebook which could contain evidential material for other cases.
I wonder if that officer only kept the one notebook and, if so, i wonder why....
A close friend (who was raped at knifepoint) is very bitter about her effect of allegations like these on those who have really suffered. The people she (and people like her) damage most are those who are real victims of this dreadful crime.
@Neil Barrett@David Stewart Some 10 years ago my brother worked for the Met and and used to have to interview victims of such crimes and has echoed the sentiment of your friend many times.
Unfortunately because so many falsely report rape they have to sometimes put the victims through thorough and repeated questioning to try and tease information to find out if they're lying. I can only imagine how a real victim feels when their claims are questioned.
@Neil Barrett@David Stewart I understand that complainants are guaranteed anonymity for life but surely, if the claims are blatant lies, that should not apply unless, of course, naive politicians never considered that anyone would lie.
If she is charged with perverting the course of justice then she should be named.
@David Stewart Totally agree and hope both the police force involved and the lawyers involved are also prosecuted for holding back the evidence which would have cleared this young man. Given how the system is now weighted in favour of the victim, any evidence to the contrary should be seriously considered and allowed in defence of the accused.
@David Stewart The same happened to our grand son,the pre- trial judge did not think there was a case to answer but the CPS went ahead. It seemed a clear case of Hell hath no fury........ X was aquitted as the women was caught lying in the witness box and had lied to her only supporter. X in the mean time had lost his job as they worked for the same firm and had not in the circumstances been able to get another. A lawyer friend estimated the cost to the taxpayer to be upwards of £500,000. No the woman was not charged with either perjury or wasting police time.
Us up North in the former mining areas are all too familiar with this kind of police incompetence and lying. The Sheffield Rhino whip tortures, Orgreave false riot charges, Hillborough and the cover up of child rapes in Rotherham.
As the old saying goes "Never trust a copper", and these days add "nor the CPS"
I agree with many of the comments here and I also believe that Alison Saunders should resign over this and many other instances of CPS incompetence. Take the case of Mark Pearson and the Greville Janner case as just two other examples.
Can a stated ambition of bringing more prosecutions and convictions in sexual assault cases be wise or fair? Like councils asking traffic wardens to hand out more parking tickets, or as Liam Allam's mother so pithily says, like setting sales targets.
I strongly agree that the woman in the case should be named and prosecuted - that would be proper justice and might discourage malicious claims by others.
A number of legal professionals and former legal professionals, including retired police officers, have been moved to comment here. Could I ask that one of you - someone who knows how to word it appropriately and effectively - might consider launching a petition to ensure that the identity of the complainant is revealed in such cases and that prosecution follows? Perhaps another petition to call for the resignation of Alison Saunders? I would sign both.
Never mind an inquiry, how about a charge of 'perverting the course of justice' for the top police monkey in the county? And he should demand an apology from the person who accused him who should be named.
It doesn't matter if she does. She created a culture where upping rape convictions was at the forefront of what she was trying to ahieve in her role.
Since her appointment there have been numerous trials abandoned that should never have been brought. In pursuing her objectives she has dragged innocent men through appalling ordeals, protected vindictive liars who have wasted police and court time and spent a fortune in taxpayers' money.
One thing I have noticed is that sometimes, getting a conviction, any conviction is the priority, especially as a high profile case can lead to a promotion.
Liam Allan's name has been plastered all over the papers - but not the woman, who has committed a dreadful crime. Our procedures for these types of cases really needs to change, unless it's in the public interest, nobody accused of sexual offences should be named unless guilty - they should have the same anonymity as the accuser.
The change in the legislation putting the burden of proof on the accused was passed by MPs in the context of a political environment in which there is pressure for a higher number of convictions. What did MPs think was going to happen?
He has good friends and family who stood by him and I’m sure they will continue to support him as he gets his life back together. I wonder how his accuser will fare when she needs support.
Surely the woman should be prosecuted for making a false statement. Should he not be able to sue her too for defamation and to recover the costs of his defence?
Why is it that after a false rape accusation (or rape acquittal) the accuser remains unnamed - and more often than not, unpunished. But the (falsely) accused have their name tarnished forever?
One’s anonymity is preserved even if the allegation made is false - and therefore an offence. Yet surely offenders do not deserve anonymity. In this case, it is the defendant, not the complainant who deserved anonymity.
Sack Saunders. She has no or little interest in justice - real justice, which involves ascertaining the truth. She and her scum are concerned only with achieving "results" for the corrupt purpose of self-advancement. The lying bitch who made the false claim should be identified together with her parents and every one of those 'friends' who knew the complaint to be false and who were willing to stand by and see a miscarriage of justice. She should be imprisoned.
She should go. It is her flagship policy to convict more rapists and almost weekly we are seeing cases that should never have been brought to trial collapse - how many cases have successfully convicted on flawed or partial evidence?
There is a very real possibility that there are men serving sentences who are innocent as a result of pressure from Saunders down.
This is unacceptable and an appalling miscarriage of justice and notwithstanding an urgently needed investigation into the conduct of the Met Saunders should either do the decent thing and resign or be sacked.