By Eric King-
A judge has blasted police and detectives for carelessness in a rape case involving an Oxford University student.
The case is the latest to raise concerns about the fairness of police investigations and prosecutorial decision-making.
In the latest case, 19 year old Oliver Mears- a chemistry student at Oxford University, was charged with the alleged rape of a teenage woman in 2015 following a party. He claim that the sex was consensual, was rejected by the Crown prosecution, who charged him for rape .
Mears spent two years on bail. This week, prosecutors dropped the case after a different lawyer reviewed the evidence and an examination of the woman’s diary provided material that supported Mears’ account.On Friday, Sarah Lindop, the prosecutor, told Guildford crown court the case was “finely balanced” from the star. 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 that had the investigation been carried out properly in the first instance, would not have led to this position.”
WRONG
The judge gave the CPS 28 days to tell him in writing what had gone wrong, and what role prosecutors and police had played. Surrey police conceded errors in a statement that said: “We accept that there were flaws in the initial investigation. It was not expedient and the investigator did not examine the victim’s digital media during the initial stages of the investigation or follow what we would consider to be a reasonable line of enquiry.” .The police statement continued: “On 5 January 2018, the CPS requested that we provide materials from the victim’s digital media.
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“We then contacted the victim, obtained the devices and provided the available material to the CPS on 15 January. Surrey police deeply regrets mistakes made in the efficacy of investigations.”Mears’ case comes after three other alleged sexual attack cases were thrown out following evidence undermining the police and prosecution case came to light late that day.Student Liam Allan was cleared in December of multiple counts of rape, and Isaac Itiary, who was charged with raping a child, was also freed days later.
Last 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. 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. 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.”The collapsed case is a further blow to the police who need to exercise more care and professional competence, particularly when dealing with cases of this nature.
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