After a string of collapsed rape trials caused by the police failing to properly examine the evidence, it is hardly surprising that the DPP and CPS are coming under a bit of pressure.
As such, it is only right that the DPP should pop out from under her rock, and reassure the public that the criminal justice system isn't completely fucked. Unfortunately, this is Alison Saunders that we're talking about so [for it is she—Ed], naturally, she completely screwed it up in a January 18th interview.
Britain’s most senior prosecutor has claimed that no innocent people are in prison because of failures to disclose vital evidence, despite admitting there is a “systemic issue”.As the article points out in the very next paragraph, there was at least one innocent person in prison because of these failures.
One man had his rape conviction overturned last month after serving four years in prison. Judges said Danny Kay would not have been found guilty if previously unseen Facebook conversations were shown to jurors.But let's be generous to Saunders and assume that she meant, since this chap has been released, there are no innocent people in prison because of these failures right at this very moment.
Critics dismissed Alison Saunders’ assurance as “impossible” as they follow the collapse of several high-profile rape cases which were undermined by phone messages and pictures uncovered by lawyers.Well, indeed—as yesterday's Daily Mail highlighted.
A teenager suspected of rape spent three months in custody because police did not disclose text messages that proved his innocence, he has claimed.But what can Alison say in her defence?
BT engineer Connor Fitzgerald, 19, was arrested last year after a complaint was made against him.
But charges were dropped only last week when it emerged that the complainant, who is entitled to lifelong anonymity, had sent texts threatening to destroy him.
Samson Makele's legal team said police had downloaded the entire contents of the 28-year-old's phone but failed to fully examine it.How indeed, Alison. And, of course, this being such an important point, it does seem really very unlikely that the defendant wouldn't have raised this with the arresting police force. So one is led to wonder what the police force did with this information. Well, we know the answer: they did bugger all.
Ms Saunders appeared to lay part of the blame on his defence team.
"The suspect must have known he took photographs, that could have been raised very early," she said.
She added: "How would anyone have known there were photographs there until the defence told us that they were there?”
The trouble is that Alison has form on this issue, issuing guidelines—and publishing opinion pieces—which are aimed (as far as is practicable in a civilised country) at reversing the burden of proof in rape cases. And we are now seeing the disastrous fruits of her labour—women making false or malicious rape claims with, in the vast majority of cases, absolutely no repercussions.
One of the few legitimate roles of the state is to provide a functioning criminal justice system. It is becoming rather obvious that these unsafe rape trials are severely undermining public confidence in said justice system.
So, here is your humble Devil's recipe to rectify the problem:
- in every single case (such as the one below), where the accusation is malicious or obviously false, the accuser must be prosecuted for perjury and, if convicted, given the maximum appropriate sentence (but a minimum of imprisonment);
- the head of the CPS, Alison Saunders, must be summarily sacked (and preferably prosecuted for Misconduct in Public Office);
- every police officer who has failed to disclose evidence should be named, publicly sacked, and prosecuted; the lawyers who failed their clients in not insisting on full evidential disclosure should be severely, and publicly, censured;
- for a limited period, and where perjury has been proven, provide Legal Aid for civil cases of slander, so that the accused can take the accuser to the fucking cleaners;
- the current imbalance in anonymity policy in rape cases must be removed: justice must be done, and be seen to be done.