A judge threw out a rape case today and warned the prosecution barrister that he may have to pay the costs of the abortive trial out of his own pocket.

In dismissing the case against Levi Multilal, a 22-year-old man accused of raping a woman despite an absence of any forensic or medical evidence, Judge Roger Sanders said the Crown Prosecution Service had failed in its duty to consider the evidence on which it had based its charges.

Judge Sanders said the prosecution team had ignored a series of "inherent weaknesses" in the case and that the prosecuting counsel, Justin Bearman, did not seem to understand that he had a duty to consider the reliability of his witnesses.

"The investigation of this case has been a travesty from the outset. There was simply insufficient evidence on which a charge should be based, let alone to send him to the Crown Court or place him before a jury," said the judge.

The judge ruled that the case against Mr Multilal contained no forensic evidence and relied wholly on the recollections of a drunk woman. Mr Multilal was charged after coming forward when the case was featured on the BBC television programme CrimeWatch.

Mr Multital admitted giving the woman a lift in his car on the night when she claimed she was raped, but denied attacking her: "I was there on that night and I picked up the girl. I didn’t rape her. I’ll let you check my DNA or whatever," he told the police.

Subsequent DNA tests showed that semen found on the woman's skirt did not belong to Mr Multilal. The Crown presented no other evidence linking Mr Multilal to the alleged crime.

The judge's stern ruling led to a sharp exchange between Mr Bearman, prosecuting, and the bench. Mr Bearman initially said he planned to appeal against the judge's decision before admitting that the law did not permit him to do so.

The judge then asked Mr Bearman how long he had been a barrister. "Long enough," replied the lawyer.

"But everything you say is utter rubbish. You are starting on the basis that this defendant is guilty when there is not enough evidence linking him to the case," the judge responded.

When Mr Multilal's defence lawyer raised the question of costs, the judge pointed out that someone had advised the case to proceed, despite the reservations of both the police and a Crown Prosecution Service lawyer.

Mr Bearman confessed to pushing the case: "I advised the police to charge... so if there is any blame that lies at my door," he said, before admitting it was possible costs could therefore be laid “against me personally” he had better “seek representation”.

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