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Harlow Star
March 20, 2014
THE trial of a Harlow man accused of rape and trying to deliberately infect a woman with HIV collapsed yesterday (Monday, March 17) after the prosecution announced it would no longer be seeking convictions.
Prosecutor Kate Davey told Chelmsford Crown Court that, following a high level review, the Crown would not be continuing its case against Botswana-born Malani Kumwenda, 32, of Collins Meadow.
As a result, judge John Dodd directed the jury to return not guilty verdicts on all seven charges and Mr Kumwenda was discharged.
The defendant had denied rape, attempting to cause grevious bodily harm with intent due to his infection, sexual assault, three offences of assault by penetration and assault causing actual bodily harm.
The case was halted after the jury had heard a week of evidence duing which the complainant spent two-and-a-half days in the witness box.
The judge added that he would be expressing his concerns about the case in writing, although he did not state to whom.
But at the end of last week he commented to jurors about “sloppy police practice” which he said might impact upon the fairness of the proceedings.
His remark followed the evidence of a police officer during which it came to light he had not made notes about some conversations with the alleged victim. The Crown Prosecution Service had been unaware of those conversations.
There had also been issues about non-disclosure of prosecution evidence to the defence.
In the absence of the jury the judge also commented on the complainant’s allegations and her inconsistent statements.
The prosecution had alleged that Mr Kumwenda, who was diagnosed as HIV positive in June 2011, had sex with the 29-year-old woman after that date. She has been tested and remains HIV negative.
But Mr Kumwenda denied he had sex with her after he was diagnosed and denied that any of the woman’s allegations happened.
The court heard the woman also made two other allegations to police after the rape claim. They were that Mr Kumwenda had threatened to kill her with a knife and the another related to immigration.
In both matters police arrested Mr Kumwenda and interviewed him but took no further action.
