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.”
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.”
More interested in chasing people for saying mean things on twitter and facebook than protecting white girls from the muslim rape gangs.
More interested in arresting someone for leaving a rasher of bacon outside a mosque than dealing with FGM.
They should be stripped of their pension rights en-masse and be investigated on a personal level, and made to pay damages on a personal basis to those that they have failed.