Sex attacker could go free in weeks after court gaffes

Mohamed Kendeh, who has attacked at least 11 women across south London, was found not guilty in the latest case against him after prosecutors failed to submit crucial evidence on time.

The 21-year-old could now be freed at a parole hearing set for April.

If he had been found guilty he would have faced a life sentence under strict new justice guidelines. The Evening Standard has discovered that the CPS:

Missed the deadline for submitting a report on Kendeh's previous convictions and other vital evidence.

Was forced to change barristers just two weeks before the trial.

Faces demands for an inquiry from one of Kendeh's previous victims.

A bid by the Home Office to deport Kendeh failed last year. Britain's top immigration judge, Sir Henry Hodge, ruled it would breach his human rights to send him back to Sierra Leone, which he had left aged seven.

At Blackfriars crown court this month, Kendeh was accused of robbing Emma Salih in August last year as she walked with her three-year-old daughter in a Sydenham park.

At the time, he was living in a bail hostel in Catford, serving his sentence for sexually assaulting Gabrielle Browne as she was out jogging in Burgess Park, Camberwell, in March 2003.

Kendeh has a string of convictions for sexual assault, robbery, arson and burglary. He often attacks women in parks close to river and canal towpaths, grabbing his victims around the neck.

He was alleged to have grabbed Ms Salih in this way before stealing her mobile. She fought back, taking hold of the earpiece of his hands-free mobile phone.

Forensic tests showed Kendeh's DNA was on the earpiece. He told police he lost it before the robbery. The jury was not told of his previous convictions after the judge, Mr Recorder Francis Evans, ruled the "bad character" evidence was submitted too late.

Further evidence, showing Kendeh's movements in and out of his hostel on the day Ms Salih was robbed, is also said to have arrived too late and was not heard.

The jury acquitted him of robbery. He is now back in Belmarsh prison, serving the remainder of his term for the attack on Mrs Browne, as he awaits the parole hearing.

Today, the mother of two accused the CPS of putting women at risk and called for an inquiry. Mrs Browne, who has waived her right to anonymity, said: "I am terrified he could be back on the streets in just a few weeks.

"If the CPS had not bungled this trial, I would not be feeling so afraid."

She has written to the CPS demanding to know why evidence in Ms Salih's case was not submitted on time, saying "the administrative failure... to serve essential evidence now threatens the future safety of women in south London".

A CPS spokeswoman admitted the "bad character" evidence was only submitted on the day Kendeh's trial began, following the December deadline set by the judge. But she claimed the judge could have allowed it.

The spokeswoman said: "The CPS made an application to present evidence of bad character. Although there are prescribed timescales... the trial judge has the discretion to allow applications out of time.

"In this case the judge was not prepared to allow it, as he said the evidence was received too late for consideration."

The CPS also admitted the barrister it initially employed dropped out just before the trial started, forcing a switch to another lawyer.

The judge told the Standard he was unable to comment on the case.