An alleged rapist accidentally freed from HMP Wormwood Scrubs due to a court blunder claims he cannot return for his trial after suffering a skiing injury abroad, with the case now adjourned
An alleged rapist who fled the UK after being mistakenly released from prison has claimed he cannot return for his trial because he has been hurt while skiing. The man, who cannot be identified for legal reasons, was incorrectly granted bail from HMP Wormwood Scrubs following an error by a court official, and subsequently departed the country soon after securing his freedom.
His trial, on numerous charges of rape, sexual assault, and violence, is scheduled for next week. However, the absent defendant stated his attempts to return to the UK have been hampered by the fact his British passport remains in police custody.
Last week, a senior judge urged the Government to step in to ensure the man could fly to the UK in time for the beginning of the court proceedings.
But, on Tuesday, his barrister informed Isleworth Crown Court that whilst the man had reserved a flight to arrive at Stansted Airport, he has been advised against travelling on medical advice.
“He had a skiing accident, and is now injured in such a way that it is said by doctors that he should not travel for two weeks”, she said.
The accident is reported to have occurred on Sunday, followed by a hospital visit on Monday. He will be immobile for 10 days, he is currently in a wheelchair, and I have seen photographs of him in a wheelchair in hospital”, said the barrister. This is obviously highly undesirable and not the position we wanted.”
A medical report presented to the judge detailed that the man had sustained a sprained knee and swelling, and had been advised to rest and refrain from travelling.
Last Friday, it emerged that the man had been detained in custody facing rape charges, which he refutes, but a court official erroneously sent a note to the prison to release him following a pre-trial hearing in early February.
Judge Martin Edmunds KC, the Recorder of Kensington and Chelsea, has issued an arrest warrant for the man and also called for an investigation into the mishap.
“Although such errors are extremely rare and, indeed, this is the only instance I am aware of when there has been an erroneous release of a prisoner held in custody to this court, we take this error extremely seriously,” he stated in a ruling.
“We will fully investigate how it occurred and what steps can be put in place to prevent it occurring again.”
The blunder seemingly occurred because the defendant is on bail for a second, unrelated criminal case, and the court official believed the bail decision encompassed the rape case as well.
The man departed the UK for another European country, and claimed he had been having difficulties obtaining a visa that would permit him to travel.
Police have been liaising with Border Agency officials to facilitate his travel, and are reported to have spoken directly to the defendant as well.
Prosecutor Bartholomew O’Toole hinted that the Crown Prosecution Service may consider a request for the trial to proceed in the defendant’s absence. “This is someone who could travel”, he stated. “It is an extraordinary sequence of events that led to him being where he is. His interests must be taken into account, but there’s the interests of justice also.”
Should next week’s trial be scrapped, the case won’t be heard until June at the earliest. Judge Edmunds postponed the case until either Monday for an application for a trial in absence, or to a further hearing in April.
“The medical advice is helpful, but it doesn’t focus on the difference between general medical advice to not travel, and whether he is genuinely unfit to travel”, the judge added.
Following the Press Association’s revelation of the accidental release on Monday, a spokesperson for HM Courts and Tribunals Service (HMCTS) said the service “is investigating this matter, and we are urgently working with the police to return them to custody”.
The spokesperson continued: “We understand the distress errors such as this can cause to those affected, and instances like this have exposed deep-rooted issues across the broken justice system the Government inherited.
“We’re determined to bear down on these mistakes and keep the public safe, which is why Dame Lynne Owens is undertaking an independent investigation which we expect to report back in the coming weeks.”
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