WIREDGOV

An investigation into the handling of a rape investigation that collapsed on the first day of trial found no evidence to support a case to answer conclusion in relation to the officer in charge.

The IPCC investigated concerns after a criminal trial was halted on the first day at Gloucestershire Crown Court in March 2016, when the prosecution offered no evidence. This led to the acquittal of four men who were accused of rape at a university in the county.

At the centre of the independent investigation were a number of specific allegations, mostly concerning the conduct of the officer in charge, Detective Constable Ben Lewis.

In the IPCC investigator’s opinion DC Lewis has no case to answer for misconduct in relation to the allegations, which included that he failed to comply with relevant responsibilities and procedures relating to disclosure in preparation for the trial, that his record keeping was inadequate, and that he had inappropriate contact with the complainant during the investigation. A supervising officer, whose actions relating to the supervision of DC Lewis were also investigated, also has no case to answer.

During the course of the investigation evidence was found that indicated DC Lewis may have inappropriately disclosed detail about material found on a defendant’s phone to the complainant. In the IPCC investigator’s opinion, while there was no case to answer for misconduct, these actions could amount to unsatisfactory performance. The force agreed and will deal with the matter through management action.  

Two specific recommendations have been identified for Gloucestershire Constabulary as a result of the independent investigation, which the force have agreed to implement. These are first, that Gloucestershire establish formal guidance concerning the analysis of mobile phone evidence, and second that officers and staff are made aware of the processes which need to take place when seeking disclosure material from a third party.

As part of the independent investigation a large amount of evidence was obtained and analysed. This included material gathered during the original criminal investigation, correspondence between CPS and the police relating to the trial, and statements following interviews with a number of those involved.  

IPCC Associate Commissioner Guido Liguori said:

“A number of concerns were rightly raised when the trial collapsed, however our thorough investigation into the actions of the officers involved and the manner in which the investigation was conducted, has identified no individual failings that could lead to misconduct proceedings.

“We have established that despite the criticism which arose following the trial collapse, the evidence shows that DC Ben Lewis did what was asked of him by the CPS, and acted in accordance with relevant policies and procedures.

“Wider recommendations for learning have been made to Gloucestershire Constabulary, which they have accepted, that will hopefully prevent some of the systemic issues identified as part of the criminal investigation from occurring again.”