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Sex attacker could go free in weeks after court gaffes
Robert Mendick, Chief Reporter30 Jan 2008
Bungles by the Crown Prosecution Service could lead to a serial sex attacker being freed from jail within weeks, the Evening Standard can reveal.
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.
Reader views (3)
Several observations to make here. Why is no one critizing the jury? If only Kendeh's DNA was on the earpiece, where is the reasonable doubt? Bad Character Evidence cannot, in law, be used to bolster a weak case, therefore there would have had to have been a realistic prospect of conviction in the first place. the CCTV may have shown no more than opportunity. Bad character evidence was not allowed before juries until a few years ago. Even if the written application had been made on time, the Judge would not have heard the application orally until the first day of trial, so why did he refuse to hear it? If Ms Brown feels so in fear why is she disclosing her full name and where she lives and publishing her photograph? Ask questions of the judiciary and the jury system itself. Moreover, blame the system that refused to deport him. Attributing blame to the CPS is futile. The time spent by the personnel at the CPS on dealing with the complaint and background reports etc is time that could be spent on live cases. In all reality, he would not have got more than a couple of years in jail, most of that he would have 'served' before trial. This scaremongering, sensationalist overdramatises and detracts from the real questions. Why has the Government cut the budget of the CPS?
- Roxy, london, 31/01/2008 19:39
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Once again the apparent lack of accountability in yet another Government department rears its head.
The CPS case officer responsible and his or her supervisor should be immediately sacked for gross misconduct.
Having said that I expect that a promotion is more likely to be on the cards
- Jose, Wales, 30/01/2008 14:14
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It strikes me that these judges want to endanger the lives of British women. One judge won't deport him because it will breach his human right! Another judge won't allow evidence that is likely to secure his conviction because the evidence is late! British judges are a danger to the British public. Abolish the Human Rights Act and that will prevent these old duffers from allowing dangerous people from roaming our streets. Finally, it is about time Ken MacDonald (the head of the CPS) was sacked. The CPS is not fit for purpose under his leadership.
- Cameron, London, 30/01/2008 13:45
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