Omar Bryan

Years in prison:
3
Year of crime:
2005
Year conviction was overturned:
2009

Omar Bryan was convicted of rape of a 15 year-old school girl. The rape occurred after the complainant had left school with her friend. The complainant stated that two boys raped her inside a block of flats. She stated that the rape was committed by a stranger with the assistance of another stranger (one had a Jamaican accent and one had an English accent), and had occured after she left school. Medical evidence supported the account, and semen on the knickers of the complainant revealed DNA which came from Bryan. Bryan initially denied rape or any sexual encounter with the complainant, but after being told his DNA was on the complainant told the intervewing officers that he had consensual intercourse on the day in question with a girl who called herself Shanice. He added that a few days later the girl had called him. He did not have a telephone but had given her his friend’s number. She claimed that he had not given her a phone number. On appeal, evidence confirmed Bryan had given the girl his friends telephone number, and that her father had called Bryan’s friend (the friend testified he had received calls asking for Omar). At the appeal it was undisputed that the complainant’s father had called Bryan’s friend and that his number was stored on the complainant’s phone under “Omar.” The court concluded that this new evidence established that the complainant and Bryan were not strangers, and the baiss for the prosecution’s case that the complainant had been raped by a stranger was fatally undermined. It was also found that the complainant was not at school on the day of the alleged assault, as she had stated. The new evidence considered either in combination or seperately led the court to the conclusion that the convictions was not safe. The court therefore quashed the conviction.

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  • Offence: Sexual offences
  • Jurisdiction: England & Wales
  • County: London 
  • Ethnicity: Unknown
  • Gender: M
  • Years in prison: 3
  • Offence convicted of: Rape
  • Year of crime: 2005
  • Year of initial conviction: 2007
  • Year conviction was overturned: 2009
  • Age when imprisoned: Unknown
  • CCRC Referral: Y
  • Tried with others: Y
  • Link to full case: https://www.bailii.org/ew/cases/EWCA/Crim/2009/2291.html
  • Type of fresh evidence at appeal: Evidence relating to the reliability of complainant testimony
  • Compensation: Unknown
  • Crown argued case at CofA: Yes
  • Retrial: No
  • Previous appeals: Unsuccessful application for leave to appeal