Tuesday, December 22, 2009

Farah Jama, wrongly convicted of rape, walks free after prosecutors admit there may not have even been a crime

The woman involved never filed a complaint, and there is no mention of how Mr. Jama was considered a suspect in the first place. If anything underscores the reason this site exists, this is it. 18 months in prison for a crime that prosecutors admit may not have even occurred.

This highlights just how much hysteria is involved and has been generated by the 'rape industry', and how much we need to get back to the presumption of innocence in the judicial arena.

Student freed after prosecutors admit a crime may not have happened.

A STUDENT freed today after being wrongly convicted of rape says he feels "angry and depressed" after his ordeal.

Farah Jama was just 20 when he was accused of raping a woman found unconscious in a locked toilet cubicle in 2006.

He was acquitted today after prosecutors admitted there might not have even been a crime.

A man who had no prior convictions, Mr Jama will seek compensation after spending 18 months locked up for a crime he didn't commit.

Walking from court this morning with his father, Mr Jama said he was happy but had little faith in the justice system.

Mr Jama said while he was confident the truth would prevail, he was angered by his treatment.

"I know that the truth always will come out one day, everybody will see that I am innocent,'' he told reporters.

He described what happened to him as "very, very bad''.

"I feel really depressed and cannot imagine it, what happened. I feel really angry and depressed.''

He said his parents supported him throughout his ordeal and he planned to celebrate tonight.

The woman, aged in her 40s, had no memory of the night but a DNA swab was taken and later matched to a sample taken from Mr Jama.

He said he was at home praying with his family that night and not at the Doncaster over-28s nightclub where the woman was found.

Today, the Court of Appeal was told it was likely that the sample taken from the woman had been contaminated.

The same forensic officer who conducted the tests on the alleged rape victim had done another unrelated test the day before that involved Mr Jama's DNA.

No charges stemmed from the other test and it is unknown exactly how the contamination occurred.

The Court of Appeal was told it was possible the woman had not been raped at all.

She had never complained of sexual assault and could not recall the evening.

The court was told it was "improbable" that Mr Jama had even been at the nightclub.

Justices Marilyn Warren, Robert Redlich and Bernard Bongiorno overturned his conviction after the prosecution conceded contamination of the only evidence against him was likely.

His lawyer, Kimani Adil Boden, told heraldsun.com.au his client and his family had suffered greatly.

"His life has been put on hold," Mr Boden said.

Mr Jama's mother had begged him to help her son and after visiting him in prison, and Mr Boden was convinced he was not guilty.

"He assured me he was innocent. I then had to find a way to prove it," he said.

After fighting to have DNA tests taken again it became clear there had been a mix-up at the lab.

Mr Jama was bailed last month pending further investigation and on Friday got the news that he would be acquitted.

Mr Boden hailed a "momentous'' day for Mr Jama whose case he described as "tragic''.

"He's been in custody for close to one-and-a-half years on charges he didn't commit.

"Justice has finally been done, however, at a price.''

Mr Boden said Jama felt relieved at the decision.

"He always knew he was innocent. From his point of view, there was never any doubt,'' he said.

"The mother and the rest of the family always knew that he was innocent, they always believed that and the only thing that he was convicted on was the DNA evidence.

"So he is relieved, definitely relieved, but he is definitely traumatised to some extent.''


Thanks to gwallan for the tip.


Link:

http://www.heraldsun.com.au/news/man-jailed-for-rape-has-conviction-overtuned-after-revelation-that-dna-evidence-may-have-been-contaminated/story-e6frf7jo-1225807656413

14 comments:

Anonymous said...

As this article: (http://floridainnocence.org/content/?p=938) says...

"There’s a frustrating paradox – and a saddening reality – inherent in forensic science, and it’s this: that for all of the power of scientific analysis, people are still people. Our faith in forensic science can only be as strong as our confidence in the methods employed by the fallible scientists themselves. Oversight, accountability, and independence are critically necessary for – in fact, they’re precursors to – a reliable institution of forensic science."

The article cited above, while not related to Farah Jama's case, mentions that The Houston Police Department Crime Lab has "in some cases, made up the results without actually testing the evidence."

It's bad enough to be falsely accused, then convicted and imprisoned, but when the cause is that investigators and scientists fail to do their jobs properly or engage in misconduct -- we can replace 'justice' with 'fear, paranoia, and anxiety' for all.

Snark said...

So - they not only ASSUME the guilt of any man who can be linked - they ASSUME that a rape happened based on no evidence whatsoever.

The woman did not even report sexual assault.

Yet they ASSUME that a rape happened and ASSUME that the nearest man did it.

What the fuck?

slwerner said...

Snark - "Yet they ASSUME that a rape happened and ASSUME that the nearest man did it."

I had to read it again just to make sure it wasn't an early April Fool's joke - and really just one of you farcical mock feminist books. It's truly that absurd that such a case would even go forward.

On the plus side for Mr Jama:

"Today, the Court of Appeal was told it was likely that the sample taken from the woman had been contaminated.The same forensic officer who conducted the tests on the alleged rape victim had done another unrelated test the day before that involved Mr Jama's DNA."

- likely means a substantial settlement.

In order for DNA evidence to come in at trial, the person who conducted the testing would have to be called to lay a proper foundation and authenticate their data.

Not only should substantial compensation be due, but heads need to roll for this F'-up.

randian said...

Not only should substantial compensation be due, but heads need to roll for this F'-up.

You can almost guarantee heads won't roll for this. Cops are almost never indicted, even for obvious lies and corruption.

Snark said...

I had to read it again just to make sure it wasn't an early April Fool's joke - and really just one of you farcical mock feminist books. It's truly that absurd that such a case would even go forward.

The logic works something like this:

1. Something bad may have happened to a woman.
2. FIND THE RAPIST

The Archivist said...

Snark said,

The logic works something like this:

1. Something bad may have happened to a woman.
2. FIND THE RAPIST




Actually, I would think it works like this:

1. Something bad may have ahppened to a woman.
2. LOCK UP THE NEAREST MAN.

They obviously don't care if there was even a rape or not.

The Archivist said...

1 should read:

1. 1. Something bad may have happened to a woman.


wait, don't computers have something you can use for spellcheck? ;)

scott said...

I was falselly acussed of rape..and watched as the law enforcement community (with almost a sense of perversion) tried to put me in jail for something that never happenned. And to add insult to injury, the perverted law enforcement community refused to even charge her with anything at all.

Anonymous said...

Normal crime investigation routines have been "perverted" over the last 20 years in the area of Rape/ false accussations of Rape.
Rape hysteria has become a huge income sourse for many law enforcement communities...And this dynamic is unconstitutional.
BREAK THE GENDER FEMINIST / LAW ENFORCEMENT MISSINFORMATION ALLIANCE!!! It is a perversion, that breeds perversion.

scott said...

Hey wait a minute, I thought women and girls would NEVER, EVER,EVER,EVER,EVER lie about Rape??

Anonymous said...

I read about a forensic office in Vermont that got alot of business from police jurisdictions from around the country. They got alot of business because they had a high percentage of cases where they found the man guilty.
It was later found out that man hating lesbians were running the Vermont offices, and had such high rates of guilty findings because they were "manufacturing guilt".

gwallan said...

Article from the original case...

Farah Jama used his dying dad as rape alibi

Some choice bits...

Family members told the jury Jama was reading his father passages from the Koran and "listening to him pronounce his last will" for all but 15 minutes of that night.

Judge Lacava said the claim was "most unsatisfactory" and must have been rejected by the jury who found Jama guilty of one count of rape.


...

In a victim impact statement the woman said she left the nightclub in an ambulance having lost her memory and her dignity.

"I was violated in a most reprehensible way and preyed upon by another individual," she said.

"I have felt shame, rage and unrelenting guilt that I don't think will ever leave me."


...

Judge Lacava said he was guarded about Jama's chances of rehabilitation despite his youth because he had shown no remorse.

...

@Pierce...

Where possible you should consider tracking down and publishing the original coverage of innocent individuals' convictions. The contrast is quite stark and very revealing.

I will be pursuing this one with my local state MP, Bob Cameron, who just happens to be Minister for Police at the moment.

In related coverage the entire forensic system in Victoria is now under a great deal of pressure...

Chief Commissioner Simon Overland orders his forensic scientists to stop giving DNA evidence in court cases

Anonymous said...

Hopefully he can find an attorney to sue the bejesus out of this juristiction. He can move and start over somewhere else on their dime.

CBGirl

Anonymous said...

" prosecutors admit there may not have even been a crime "

" "Today, the Court of Appeal was told it was likely that the sample taken from the woman had been contaminated.The same forensic officer who conducted the tests on the alleged rape victim had done another unrelated test the day before that involved Mr Jama's DNA."