Phones for Evidence

Keith, to clarify what I was saying I was referring to the cases which go foul because of non disclosure of material facts. I am also aware that the police, (do nothing in too many reported cases) or the Criminal Protection Service, also known as the CPS have a lot to answer for, with too many reported cases not followed through or not followed through correctly. It is no wonder that far too many have no faith whatsoever in what passes for a very broken ‘system’.

I am not fully convinced that rape should really be such a special criminal pathway item; it is assault with a weapon and intent, without being too graphic.

Does breaking it out to its own special pathway work for or against likely success?

Currently the record is self damning.

The whole purpose of ‘advance disclosure’ to the defence is to ensure that the ‘suspect’ and his legal team have all the available evidence which would assist them to obtain a not guilty verdict and not just release evidence which would tend to show guilt i.e. the police /CPS are duty bound to give the defence their evidence if it would assist the defence case. This does not always happen for various reasons.

Unfortunately we have seen several cases, as in the one making the current topic of this post, where mobile phone evidence has been disclosed at a very late stage when the trial has actually begun.  The investigation of rape cases can be a very long and protracted matter involving a large number of offices, scenes of crime officers, family support offices and backroom staff feeding computers. Rape is indictable only and crown courts, judges and staff etc cost money. It’s our money.

If there has been banter between the perpetrator and the victim then I say it should be disclosed as soon as possible even if that does reduce the possibility of and trial let alone conviction.  Let us also remember that the victim will be protected and retain her anonymity however the accused is generally splashed across the pages of the gutter press.  It is not a level playing field.

Rape is a despicable crime, but please remember there are some pretty despicable females out there as well – I’ve dealt with some.

I have kept this story in my head since I was a teenager, it brings back unwanted memories that always surface every time an ‘under age’ case hits the news.

When I had just reached 16, I met a girl who was so well developed that she could have been taken for the 16 years she herself claimed she was. Raging 16 yo male hormones almost led to disaster for me at a party, until my mate came through the bedroom door and gave me the news that she was, in fact, 13. I left in a hurry, she left the party in tears. It had all been orchestrated by the lad whose house it was and he was older at 19.

Having thought no more about it, I was about to return to sea for my second trip, when I was arrested for sexual assault and almost charged with rape. The girl was so naive that she had let the 19 yo lad talk her into accusing me. Only the evidence of two mates at the party, and the medical evidence that she was still a virgin, saved me. The girl actually broke down and confessed it was all a lie, but I could never blame her too much for it. She was as much a victim as I was, just two kids caught up in something engineered by someone else.

I saw the lass again over the years, as we both went different ways in life. I met her once in Mansfield town centre, with her two children and she tried to apologise for that time. I put her mind at rest, telling her it had not affected me in any way, we were both just too young and in her case much too young. I made her smile and I made her laugh in that conversation: she left I hope with a weight lifted – certainly I did. I have to say that she was still a very attractive woman, and a little voice at the back of my mind was saying “What if…?” But I quietened it and went on my way.

I will always see these cases in the light of someone who could have been jailed for a crime that was punished more severely in 1961 than it is even now. Although I also appreciate that a genuine case of rape is horrible for the victim, especially so if the accused is guilty but will not plead guilty, which results in the victim having to go through the ordeal of the witness box. Cross examination by a determined defence solicitor or barrister, is definitely an ordeal.

I came so close to absolute disaster.

Perhaps I should also add that the whole ethos of ‘advance disclosure’ was to ensure that all police evidence was examined and any evidence which could be of use to the defence was disclosed to them – subject to certain rules etc. etc.

Regrettably this became necessary when the police seemed to take it upon themselves simply to provide evidence which pointed to the guilt of the suspect and ignored anything that suggested otherwise. As a PI I have come across such instances where evidence for the defence has been simply ignored or not followed up. The whole purpose of the police and any of their enquiries is NOT to show guilt or otherwise but merely to gather the available evidence and present same to the prosecuting authority (CPS). Unfortunately in many instances the police appeared to have forgotten their main purpose or as in many cases new evidence came to light before trial. In those days such new evidence did not need to be disclosed to the defence.

Both in uniform and CID  my 100% total belief was in one of impartiality and even to this day I can put my head on my pillow at night still holding that premise. Unfortuantely times have changed,  police officers are now different, they are more stressed and overworked, less supervised which can lead to ‘cutting corners’.

The sole purpose of the police in relation to criminal investigation is to record the facts impartially and honestly ‘for or against’ the ‘accused’ and ‘victim’ . Too often in my time on CID there was always a small faction who would say “I know who did that …” and then spent a lot of time trying to prove their idea. (I could say that they would get the evidence to fit their facts – but in all honesty that would not be the correct wording here – SERIOUSLY).

I always asked one very very important question to myself “If I was in trouble with the police, how would I wish them to investigate me?” That was my standard and it stood me in good stead for 30 years.

I do feel that the CPS are much maligned quite unfairly as well. Agreed they don’t always get things right, but who on God’s Earth has never made an error of judgement?

Prior to my retirement in 2003 the rota sergeant would examine all process and ensure that all enquiries had been made, then with cut backs fewer sergeants and the investigating officer would deal with the CPS directly. A possible classic case of computer speak – ‘rubbish in, rubbish out’. The CPS are also under funded, under resourced and I do honestly feel they do their best with what they have – subject, of course, to their remit set down by the HMG as to their charging standards and the % likelihood of a successful outcome in any prosecution. Whilst it is very easy to criticise them, they too, like so many of us, have to work within a set framework set by those on high!!

???????

Currently I do not think there is any provision in law that allows the police to seek evidence from the mobile phone of a victim, that is not the same for the accused where they can access records thoughbeit occasionally by means of a court order.

Unfortunately over the years women had a very rough deal from the police when reporting a rape – “short skirt, low top – you were asking for it luv” thank God those days hopefully are long gone. In the past the prosecution barrister could spend all day enquiring into the sexual habits of the victim even if totally unrelated to the matter on trial. Those days have gone as well. Nowadays the victim ( I assume that to be a female) is protected and has her anonymity protected for life, the accused is not so lucky – his details are splashed all over the press and about 2 lines if he is acquitted. Some would say “he got away with it”, “no smoke without a fire”, in recent years too many people (males) have been accused of rape only for the trials to fall almost at the first hurdle. The innocent have their lives ruined and that also applies to a genuine rape where the accused is found to be ‘not guilty’.

Rape basically is ‘sex without consent’ normally undertaken in private with both parties present, yet as far as I understand if the consent is withdrawn mid-act then rape is a real possibility. Generally rape investigation does not involve a large number of witnesses especially if committed in private. I need not dwell on the difficulty of proving the offence one way or the other.

One does have to consider that post rape the female is requested to undergo an intimate medical examination for the purposes of gathering evidence. The accused will more likely than not be arrested at his home address in the presence of his wife and family members – yet might be subsequently shown to be totally innocent. Lives spoilt for ever.

One thing that the UK does need is to extend the anonymity principle to all parties in a rape and the identity of the accused can only be disclosed on the return of a guilty verdict.  Even these days with social media, so may idiots are disclosing the identity of either those involved – some in this area have recently been prosecuted for disclosing the ID of a female in a well known sports case.

During my trip to a packed Skeggy on Sunday last, I saw what turned out to be a “date day” turn into a disaster for the male half. I was waiting for my missus to exit the toilet when an attractive woman possibly in her mid-thirties came out, obviously looking for the man who sneaked out from her left and ‘goosed’ her from behind in a very inappropriate manoeuvre. She screamed, whipped around and delivered a mighty slap to this idiot, then told him in no uncertain terms to leave and never bother her again. He left, obviously embarrassed and I hope, ashamed.

My missus had emerged just behind the pair and the lady asked if she would be a witness, should there be any repercussions, probably was thinking in terms of denying the idiot further contact and/or any stalking. Anyway, we both gave her our numbers and agreed to support her if she needed us. She said that she met him online, agreed to a meeting and had been impressed by his life story: how often do we hear that one nowadays?

That was one of those rare Skeggy outings full of incident, usually it’s almost boring.