Liam Allan was put on trial on 12 charges of sexual violence because the police failed to hand over text messages that would have exonerated him
Liam Allan was put on trial on 12 charges of sexual violence because the police failed to hand over text messages that would have exonerated himBEN GURR FOR THE TIMES
The scale of the failure by police and prosecutors to disclose vital evidence in criminal cases is exposed today in documents showing that such behaviour is routine and deliberate.
A dossier seen by The Times reveals a commonly held view that the defence is not entitled to see all the evidence. It discloses the tactics used to stop it being handed over, with officers in at least one force apparently trained in how to avoid making available material that might undermine their case.
The file draws on the reports of 14 focus groups with the police, and others with prosecutors and judges, as well as a survey of prosecutors.
The findings come after this newspaper reported on a series of rape cases that collapsed at the eleventh hour when evidence was passed to defence lawyers. The comments in the dossier include one prosecutor saying: “In even quite serious cases, officers have admitted to deliberately withholding sensitive material from us and they frequently approach us only a week before trial. Officers are reluctant to investigate a defence or take statements that might assist the defence or undermine our case.”
Among the comments from police focus groups was: “If you don’t want the defence to see it, then [evidence] goes on the MG6D” — a reference to the list of sensitive unused material to which the defence does not have access. In another focus group, an inspector noted that police “have been trained to put items on there that they do not want disclosed to the defence”. This tactic was confirmed by prosecutors. One recorded comment was that “officers put undermining material on the MG6D list to hide”.
In one report on focus groups with judges, the inspectors note a judge saying: “There seems to be an idea that the defence is not entitled to see things but where the defence press matters, this yields results.”
Prosecutors are also at fault. Sometimes this is because of what one called a “hugely excessive and complex caseload, insufficient time to do the job, poor-quality and slow digital systems, poor-quality investigation by police [and] wrong prioritising of objectives by the organisation”.
The dossier was obtained by the Centre for Criminal Appeals, a charity, under a freedom of information request to the Crown Prosecution Service (CPS) Inspectorate and the Inspectorate of Constabulary, which collated the unpublished comments when preparing a joint report on disclosure of evidence last year.
It makes clear that the failure to hand over evidence that may undermine the prosecution case is often deliberate and comes at a time when the criminal justice system is under scrutiny. Last year The Times revealed that Liam Allan, a 22-year-old student, spent almost two years on bail and was put on trial on 12 charges of sexual violence because the police failed to hand over text messages from the alleged victim that would have exonerated him. His lawyer secured the messages and he was cleared. Other similar cases subsequently came to light.
Alison Saunders, the director of public prosecutions, and Jeremy Wright, the attorney-general, began inquiries into disclosure failings after the trials failed. It emerged yesterday that Ms Saunders’s contract as DPP was not to be renewed — which she said was through her own choice.
Last week the CPS and police inspectors gave evidence to the Commons justice select committee. Kevin McGinty, chief inspector of the CPS, said disclosure failings were the single most frequent cause in the steady stream of miscarriages of justice. He described a culture in which disclosure was seen not as part of an investigation but “more of an administrative exercise”.
The Centre for Criminal Appeals has submitted evidence on disclosure to the justice select committee along with the Cardiff Law School Innocence Project, urging the creation of an independent agency to deal with the issue.
source: https://www.thetimes.co.uk/edition/news/police-are-trained-to-hide-vital-evidence-cnfdbm6jz

 in happier days [!] - MK with the mysteriously disappeared "People's Champion" Patrick Cullinane - maligned by bragging tossers full of bs and hot air...

Maurice Kirk: “Restraining Order” was never served according to UK law, and official records pertaining to the “serving” omits vital details! 08 April 2018 + archive

Maurice Kirk: Parole Board’s failure to disclose “Reasons” deemed unlawful + Who Lied to Lord Leverson + HHJ Melling? 06 April 2018 + archive

1]  Parole Board’s failure to disclose “Reasons” deemed unlawful
2] Who Lied to Lord Leverson + HHJ Melling? 
Other recent updates continue here in this site’s archive:  https://butlincat.com/?s=maurice+kirk
Archive continues =

MAURICE KIRK: CALL 01 April 2018 + Rule 25 abuse + archive 01 April 2018

Update 03 April 2018: 

DISGUSTING: “Police are ‘trained to hide vital evidence’ Full extent of disclosure failures laid bare” Times

http://butlincat.blogspot.com/2018/04/disgusting-police-are-trained-to-hide.html?spref=tw

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MAURICE KIRK CALL 01 April 2018

Maurice was convicted on dubious evidence and should be released, as he explains in this, his latest call. 

M. KIRK  – Sept. 2017 – Keyser summary – app. denied:
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The Worboys Judgement + Summary [for what it’s worth]:

Received 31 March 2018:

“Prison will not print for court but Worboys judgement relates directly to all 5 of my convictions based on flawed MAPPA Dr. Tegwyn Willams fraud of 19th Oct. 2009   ILLEGIBLE [concocted?] for Ashworth. 

Will send in Sat. post a version of reasons for immediate bail.

RULE 25 ABUSE

Maurice Kirk: Not taken to court for important hearing – Position statement 19 March and more – 28 March 2018 + archive

UPDATED with a document entitled “H.M. Park Prison Medical Update”, 20 March 2018: 
Documents received from Maurice, 27 March 2018, in no particular order. Other recent updates continue here in this site’s archive:  https://butlincat.com/?s=maurice+kirk :
Email received 26 March, which tells of:
2] he s to complain to a department – the prison I.M.B. – the very who have been ignoring him since his entry into the prison!
3] he has had no money for 3 weeks, and damaged goods he has received from his canteen are refused being dealt with by prison staff
4] vital and irreplaceable documents – put in a plastic wallet and given to prison staff for photocopying [with M’s own funds] – have been “lost” by prison staff. This is surely outrageous!
5]  the prison “security block production of docs. typed on my MoJ laptop. This includes my attempts for internal examination at Vale Hospital, just down the road.” I wrote for an appointment for him, and Maurice asks what was the hospital’s reply – but they haven’t replied, of course, more than likely due to a certain authority’s interference. Truly disgusting! PLEASE – can someone write to the Vale hospital asking that M be seen? – he needs urgent hospital treatment for a probable “split stomach diaphragm” along with possibly other serious conditions – all of which are being denied him – their contact form is here, which also has their phone number: https://www.nuffieldhealth.com/hospitals/cardiff-and-vale/vale-hospital . I know Maurice would be very grateful.

THE DENIAL FOR PERMISSION TO APPEAL CONVICTION DOCS.:

Maurice’s [untended] site is http://www.mauricejohnkirk.com
His email address is:  maurice@kirkflyingvet.com
To be continued.
above: Maurice chats with top man Caul Grant, RCJ, June 2016