Judge's blast for police as ANOTHER rape case collapses
By Rebecca Camber: A judge has blasted police and prosecutors after a man who spent a year behind bars was acquitted of a sex attack due to withheld CCTV evidence.
The man escaped a conviction after it emerged mid-way through his trial that police had failed to hand over crucial footage of him and his alleged victim.
It is the latest sex attack case to collapse due to failures by police to hand over evidence which showed the suspect to be innocent.
Recorder Bruce Houlder, QC, said: ‘Incidents of failure in the disclosure process are daily becoming more apparent’.
Mackele Tekleliaimanot spent a year in custody awaiting trial for the attempted rape of a woman who claimed she was attacked on her way home after a night out in London.
The 29-year-old, who had no previous offences, was accused of pouncing on the drunken woman after she fell asleep on the Tube, dragging her into a park and attempting to rape her against a tree. He claimed their sexual encounter had been consensual.
But mid-way through his trial at the Old Bailey it emerged police had failed to hand over CCTV showing the alleged victim walking hand-in-hand with the suspect in a ‘happy frame of mind’ as the pair strolled to the park
– having travelled together for at least two hours before the alleged attack.
The footage was not mentioned on disclosure schedules that are meant to be reviewed by the CPS well ahead of trial.
Instead it was only disclosed to the defence after barristers reviewed the evidence at the start of the trial.
The case was halted while the prosecutor reviewed the footage – which the investigating officer had said contained ‘nothing of relevance’.
On Friday, Mr Tekleliaimanot was then acquitted of attempted rape and assault by penetration when the prosecutor dropped the case as there was ‘no longer a realistic prospect of conviction’.
Judge Houlder has ordered an inquiry at the highest level of the Metropolitan Police and the Crown Prosecution Service into the blunder ‘to ensure that lessons are learnt’.
He said the footage had shown the allegations made to be ‘inaccurate in some important details’.
‘This case shows that something continues to be seriously wrong with the process of proper disclosure,’ he said.
‘These incidents of failure ... are daily becoming more apparent.’
After his release, Mr Tekleliaimanot – who may now sue police and prosecutors for his time behind bars – told the Daily Mail he had been through a ‘terrible ordeal’, adding: ‘I’m really happy. I’m just glad it’s all over.’
The case comes as the Met reviews dozens of sex attack cases after two rape trials collapsed and two others ended in acquittal after police failed to reveal evidence undermining the complainants’ claims.
Yesterday a spokesman said it was aware of the judge’s criticisms and ‘will ensure that this is looked at’, adding: ‘The issues raised ... are ones which the Met is fully cognisant of, and is working with the CPS.’
The CPS said: ‘We will be reviewing the handling of this case at a senior level.’
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