A former magistrate, who spent two years in jail before being acquitted over rape allegations, has been told by Appeal Court judges that he cannot launch a compensation claim against his supposed victim.
In a landmark ruling, Anthony Hunt has been told that his unprecedented £300,000 compensation claim against an unnamed accuser cannot be allowed, in what has been labelled "good news for the criminal justice system".
Mr Hunt was jailed in 2003 for raping the woman known as AB by the courts. His conviction was overturned in 2005, but initial attempts for compensation were discounted last October on the grounds that Ms AB was "not the prosecutor".
Anna Mills, the solicitor acting for Ms AB, said this week that her client "feels vindicated by the decision", and had already endured "14 years of severe psychological and emotional trauma" as a result of the incident.
The case, believed to be the first of its kind, has been touted as highly significant by legal experts. If Mr Hunt had been successful, many believe it would have opened the floodgates for defendants to pursue damages against their accusers, even if convicted.
"It is plainly undesirable, as a matter of public policy, that key witnesses should be deterred from reporting allegedly criminal acts to the police for fear of an action for malicious prosecution if the defendant is acquitted," ruled Lord Justice Wall.
"In my judgement, provided the CPS makes an independent decision to prosecute, and its process is not overborne or prevented in some way by the complainant, the complainant is protected."
Solicitor General, Vera Baird QC, praised Ms AB as a "courageous woman", adding: "This claim, deliberately or not, was an attack on the efforts that the government, police, CPS, and many voluntary agencies have been making to encourage women to come forward when they are raped."
