Police ‘lost’ video evidence of babysitter abuse

Her mother Stephanie said: “The police officer in that room explained that she had never let a child testify in such detail before without being questioned.

“I had no doubt it would go to court.”

Although the Crown Prosecution Service (CPS) had instructed the police officer in charge to ask her parents whether Michaela could be cross-examined in court, Stephanie said this never happened.

“I kept calling the police to find out what was going on,” Stephanie said.

“I was told someone would contact me, but no one did.”

Over the years, Michaela said she would ask her mother if the police had done anything, leading Stephanie to repeatedly go after the officers involved.

Years later, in 2017, Michaela tried to reopen her case – only to learn that the video evidence could not be found.

While South Wales Police was responsible for the original investigation and preservation of the evidence tape, in 1996 Gwent Police took responsibility for Caerphilly and Michaela’s case due to a boundary change.

A Gwent Police investigation in 2018 found the officer in the original case had no recollection, but claimed he had followed CPS instructions.

Without further action, the video evidence was “lawfully discarded in 1996,” police said.

Michaela said: “It was absolutely devastating to read this. Without this evidence, a large gap was left, meaning the perpetrator could not get a fair trial. But where was my fair trial?”

Convinced she would never receive justice, she shared her story on social media in 2022, saying she felt “a duty of care to warn the public.”

But shortly afterwards the police reported with unexpected news.

“I was shocked when a CID officer knocked on my door and claimed they might have found my evidence,” said Michaela.

In a letter to her, South Wales Police blamed the lack of cataloging of the evidence tapes, and it was not until July 2021, when 8,605 tapes were digitized, that Michaela’s tape was found.

This revelation gave Michaela hope that she would finally face her alleged abuser in court.

When asked by police, Michaela said she had “done everything they asked me to do,” including deleting Facebook posts she had made about the case.

Because she didn’t believe the police had actually found the tape, she asked for a copy but was told she couldn’t get it until the investigation was complete.

But to her surprise, the tape turned up in the post and Gwent Police emailed her a copy.

For this reason, the CPS told Michaela in September 2023 that she did not believe “the suspect could be given a fair trial.”

Another reason the CPS cited for not being able to charge the man was her social media posts about the case.

Michaela said: “I was told my evidence had been legally destroyed and I would have had no chance of ever going to court, so I didn’t think I had anything to lose by posting what I did. “

“I was completely deprived of justice for what happened to me.

“When I pursue things, I have been accused of being impatient. When I try to emphasize things, I get talked over.”

“The frustration eventually brought me to tears. I was spoken to like a child when I tried to get answers.”

Michaela said she is now trying to claim compensation, but said it is not about the money but about “responsibility for the failures”.

“It’s the only option I have left to hold them accountable, it’s a last resort for me,” she added.

South Wales Police said: “The complaint was investigated and a sincere apology was made for the tape not being initially located in 2018.”

Gwent Police said: “We have apologized to Ms Allen for our failure to press charges in 1996 and for the upset, distress and disappointment this caused, as well as the outcome of the recent investigation in 2022.”

“We have also reflected on the issues raised in this case and taken steps to learn from them, including revising our disclosure processes.”

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