Sex abuse victim Dana Baker, 16, ‘hanged herself after barrister’s legal blunder caused trial to collapse’

  • David Jones breached strict legal guidelines on witness contact when he met Dana Baker at his house for lunch

By
Rebecca Evans, Claire Ellicott and Tom Kelly

Last updated at 8:59 AM on 8th February 2012

A teenage girl was found hanged after a blunder by her barrister caused the collapse of the rape trial of a man who abused her from the age of 13.

Prosecutor David Jones breached strict legal guidelines on witness contact when he discussed the case of 16-year-old karate star Dana Baker with her at his house.

As a result, the trial of her coach Jaspal Riat, 48, was scrapped. Mr Jones resigned from the Bar soon afterwards.

Tragic case: Dana Baker was 16 when she hanged herself while waiting for her abuser to be retried

Tragic case: Dana Baker was 16 when she hanged herself while waiting for her abuser to be retried

Later Dana, who represented Great Britain in karate, hanged herself after making a cry for help on Facebook, pleading: ‘Lying here, trying to figure out what the hell I’m gonna do.’

Full details of Dana’s death are expected to be revealed when an inquest is resumed later this month.

But six months after she died, video testimony she had recorded meant the trial could be resumed at Gloucester Crown Court in September, and Riat was jailed for eight years.

Jailed: Jaspal Riat, 48, was sentenced to eight years at the subsequent retrial for his assaults on Miss Baker

Jailed: Jaspal Riat, 48, was sentenced to eight years at the subsequent retrial

He was cleared of rape but found guilty of sexual assault and seven counts of sexual activity with a child.

A jury heard he had identified the academically bright teenager, who was in voluntary foster care, as a lonely child from a ‘vulnerable’ family background, whom he had exploited for his own sexual purposes since she was 13.

But what the jurors did not know was that Riat had appeared at Birmingham Crown Court in 2010 when Mr Jones, a leading barrister on the Midlands circuit with 40 years’ experience, opened the rape trial on behalf of the Crown Prosecution Service.

A day later, Judge Philip Parker QC discharged the jury after hearing of Dana’s two-and-a-half hour lunch meeting at the prosecutor’s home.

Mr Jones, 68, a barrister with No5 Chambers in Birmingham, insisted that the meeting, a month before the trial started, was ‘well intentioned’ and was aimed at seeking to ‘avoid any problem with late video editing which might hold up the trial’.

Dana, of Kidderminster, Worcestershire, attended the meeting with her foster mother and a social worker. It is understood that Mr Jones’s wife was also present.

By hosting the gathering, Mr Jones breached his profession’s code of conduct because the Crown Prosecution Service was not notified, no police officer was in attendance and no notes were taken.

The rules stipulate that such a meeting could have been allowed under ‘special measures’, providing that no evidential matters were discussed.

Sports star: Schoolgirl Dana represented her country at karate and was academically bright

Sports star: Schoolgirl Dana represented her country at karate and was academically bright

But the barrister admitted to the judge that Dana had seen transcripts of her video evidence and a ‘prosecution case summary’ which included details of other witness evidence.

After the jurors were asked to leave court, Judge Parker said: ‘It is a very serious case, at its highest an allegation of rape of a young girl of 13 or 14 by a man in a position of trust.’ He said it was a misjudgment to ‘see a witness in such circumstances’, adding: ‘The long and short of it is that I do not believe that this jury can continue to consider this case.

Resigned: Prosecutor David Jones quit his Birmingham law firm after his legal blunder halted the rape trial

Resigned: Prosecutor David Jones quit his Birmingham law firm after his legal blunder halted the trial

‘I am afraid the result of my ruling is that the current jury will have to be discharged and we will have to seek a new potential date for the trial.’

A hearing took place two months later at which Riat’s defence team argued for the case against him to be thrown out on the grounds that there had been ‘an abuse of process’.

The application failed but Mr Jones resigned from the Bar the next day.

During the retrial in September, the court heard that Dana became depressed when Riat ended their relationship, and that she had previously taken an overdose.

She had also warned him that she intended to kill herself, to which he replied: ‘Thank you for sacrificing yourself for me.’

Judge Jamie Tabor QC told Riat: ‘You used her in a thoroughly selfish and, indeed, despicable manner.’

Mr Jones was called to the bar in 1967. He was also a recorder at Warwick Crown Court.

Tony McDaid, practice director of No5 Chambers, said: ‘Mr Jones was a leading barrister on the Midlands circuit for 40 years.

‘What happened was very unfortunate but Mr Jones had an exemplary record.

  • For confidential support call the Samaritans on 08457 90 90 90 or visit a local Samaritans branch – see www.samaritans.org for details

Here’s what other readers have said. Why not
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The comments below have been moderated in advance.

Judges need to be elected by the British public for a term of 4 years then stand for re-election, if they are any good they get to serve another term. With a decent system of law this poor girl would have got the justice she deserved.

in 60s and 70s people like him only got 2 years out in 18 months i know i was the victim there is no such thing as justice i was 12-13 i am 58 now and it saddens me cases like this that there is no life sentence for rapists

I was sexually abused for 8 years by 4 of my closest relatives. None of my family know about it, and the thought of the truth coming out makes me want to crawl under a rock for the remainder of my life. So for this girl to get the strength to face the man who abused her in court, and for the case to collapse – it makes me want to cry for her. Totally unfair and may she RIP wherever she is x
– Anon, Anon, 7/2/2012 14:04
Anon, Anon, Your story makes me want to cry for you. You should not have to cope with what has happened to you alone. I really hope you can find the strength to confide in someone professional and get the help that you deserve. You may feel like you’re coping now but sexual abuse can cause problems years later. Trust me, I know…..

What kind of laws do we have when murderers, rapists and other scum of the earth get away because of a technicality? Says it all really about this country!

We all think that the American, or British, justice system is sacrosanct, but in my opinion it is deeply flawed. Others have thought so for a long time. Read Dicken’s “Bleak House” or Trollope’s “Phineas Redux”. Our system is an adversarial justice system. The defense just wants to get an acquital, and the prosecution just wants to score another win with a guilty. Prosecutors are, in fact, scored by win/loss. And the judge just wants to assure that everyone plays by the rules. At the end of the day, the “truth” becomes immaterial to all involved, and certainly is never really sought for by either side. If justice is served, it is only by happenchance. Many European systems are different and rely on professional jurors and court ordained advocates, all seeking the truth, with a judge seeking justice. Our system is flawed and should be altered.

So let down by someone who should have been there to help her, our legal system is pathetic, poor girl.

Anon, Anon, 7/2/2012 16:04,big hugs honey,there is a wonderful site on facebook and on the net run by two wonderful women,who are there to help children and women like your self,ones who truly know,what you have gone through and how you are still suffering,please get in touch with them.
The Phoenix Post same name both places,please get in touch with them,i promise they can help you.

When I was younger I always wanted to be a lawyer, but decided against it as there was I knew there was no way I could defend a scumbag just for megabucks. I know everyone is innocent until proven guity, but come on, I bet many defence lawyers know deep down their client is guilty yet are still happy to ‘do their job’ to try and get them off. Personally I couldn’t live with myself, if I got a murderer or rapist off ‘on a technicality’, only for him to go on and commit the same atrocity. That’s just me though.

Judges have not got any idea when it comes to rape or indecency offences. You could learn a lot from speaking to people who have suffered and in some cases never disclosed it to anyone for the whole of their lives. It is a lifetime suffering and should be dealt with accordingly. Believe me you wont have to look very far to speak to your first victim. Maybe you could hand out some appropriate sentences if you heard about the destruction it causes..

This system does not protect me or my family, I fear for my children, maybe I will move to Iran or Saudi Arabia where these kind of criminals are executed.

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