Failings by prosecutors and police to disclose evidence are not only affecting rape trials but also less serious cases, lawyers revealed after a harassment case was dropped.
Paul Baden, 56, formerly of Rugby, was accused of harassing ex Julie Berriman through repeated calls and texts, with police relying on ‘unpleasant’ messages Miss Berriman had shown them on her phone.
But officers did not examine Mr Baden’s mobile, which his lawyers argued would put the messages into context, and failed numerous times to answer the defence team’s requests to see it.
Mr Baden’s solicitor, Peter Gotch, told Warwickshire Magistrates Court (file photo) the case proved disclosure failings were rife across all levels of the justice system
Mr Baden’s solicitor, Peter Gotch, told Warwickshire Magistrates Court the case proved disclosure failings were rife across all levels of the justice system, not just crown court rape trials.
‘It has to make you wonder how many cases there are where we don’t know what evidence we’ve got,’ the Coventry Telegraph quoted him as saying.
Prosecutors had claimed Mr Baden harassed his former girlfriend after he was locked out the house he previously shared with her.
Police seized Mr Baden’s mobile after his arrest, and at his first court date in September the defendant accused the prosecution of perverting the course of justice by taking away his defence by not producing the device.
A later hearing saw a policeman arrive with the phone and allow the defence to examine it, but only with an officer present.
Given the device contained more than a thousand messages it was agreed to hand it over, but a sergeant intervened and said police needed to view it first.
On Monday, the case was eventually discontinued after Mr Gotch successfully argued the prosecution should not allow more adjournments.