A MAN has been cleared of rape as a judge slammed police and prosecution lawyers demanding an investigation into failings that could have led to a “miscarriage of justice”.

Jason Schuler, 47, of Park Gardens, Hockley, stood trial at Basildon Crown Court in 2021 for charges concerning a 2011 incident on Canvey.

Mr Schuler denied two counts of rape before the trial was stopped after a juror became unwell and a retrial was due to take place this week.

However new developments in the case caused the prosecution to put forward no evidence resulting in Mr Schuler’s acquittal yesterday.

Evidence from a hard drive in Mr Schuler’s possession proved his innocence, however the hard drive had not been analysed by police or the prosecution prior to the case.

Judge Samantha Cohen addressed the court following the verdict.

She said: “I just wonder what miscarriage of justice there would have been had he not looked at the hard drive.

“It should have been looked at by police or returned to him once the decision was made it was not going to be looked at.

“This man has been through a full jury trial and waited for a second one and the whole time the crown had this in their possession.”

Mr Schuler was initially arrested in 2019 following his emigration to South Africa.

Police seized items from his home including a standalone hard drive in May 2020 following his voluntary return to the UK.

The hard drive was in the police’s possession throughout the first trial in 2021 and was returned to Mr Schuler this July.

The court heard police did not look through the hard drive but Mr Schuler did when it was returned to him.

Following the discovery of “significant evidence” in favour of Mr Schuler’s incident, the authorities were alerted and a hearing was arranged.

Judge Cohen added: “I think this warrants a proper investigation and I would like a full written explanation within 14 days as to how this happened.

“I believe questions should be asked about the kind of training police are given in relation to electronic material and what guidance officers are given when the material is not looked at.

“It is Mr Schuler’s endeavours that have exposed the fall in the crown’s case and he should not have been the one that had to do it.”

A spokesman for Essex Police said: “Our officers collect data from electronic devices according to four principles, including only reviewing data in pursuit of a reasonable line of enquiry, only disclosing relevant information that meets the appropriate threshold, keeping reviews proportionate, and keeping witnesses and complainants informed.

“Electronic devices may be seized as part of the execution of a warrant in a police investigation.

“Any interrogation of those devices must be for a specific policing purpose, and only for that specific purpose. Our officers will not and cannot search the electronic devices of a defendant without a legitimate investigative reason.

“In this case, the devices were seized in relation to a different investigation, and a number of these devices were interrogated for that separate policing purpose.

“We regularly review the training and processes in place to make sure our investigations are as effective as possible. Training is delivered to all officers training to become detectives, with an increased focus on device examination and handling in recent years.

“We are also engaging more and engaging earlier with the CPS regarding our review of evidence, regularly reviewing officers’ cases with supervisors, and have a strict protocol regarding the return of mobile devices to victims where these are needed for examination.

“We will of course be including all of this in a full report addressing a number of points in this case at the judge’s request.”