Complaint to Met Commissioner ‘prompted assault investigation’

A Met Police officer was charged with assaulting a woman he met in a nightclub nearly 19 years ago after she urged former Commissioner Cressida Dick to reopen the investigation.

Stephen Kyere, 57, allegedly attacked the 23-year-old at her home after showing her his police warrant card in the Oceana nightclub in Kingston, southwest London, in April 2004.

Kate Blumgart, prosecuting, told jurors she called police to report the alleged attack but the investigation was dropped two years later.

The woman complained about the ‘injustice’ in an email to the Commissioner in 2018 and the case was reopened.

Kyere was later traced and compared to CCTV images at the club which showed a similar man there on the night of the offence.

The officer, who was off-duty that night, then provided a DNA sample which provided a match.

Kyere, who has since retired from the force, was interviewed in 2020 and claimed sex with the woman was consensual.

He now denies rape and indecent assault.

Kate Blumgart, prosecuting, told jurors the alleged victim went out with a friend to the Oceana nightclub in Kingston on 13 April 2004.

‘Prior to going there, they had already been out. The two women had shared a bottle of wine at [the victim’s] flat before going to a club in Teddington, the Hogarth pub.

‘They eventually decided they would go out to a nightclub called Oceana. They arrived about 1am.’

By the time the alleged victim arrived at the club, ‘she was very drunk, as was her friend.’ said the prosecutor.

‘They went to an area known as the “Cheese” room, where they met two men.

The alleged victim was approached by Kyere and he started chatting to her, the court heard.

‘During the evening the defendant showed her a Metropolitan police warrant card,’ said Ms Blumgart.

‘She described it as a black wallet with a picture of the suspect on one side and a crest on the other.

‘She recalled or thought that the first name on the warrant card was “Stephen”. She spoke to him because her boyfriend at the time wanted to join the police force so she was interested in talking about that with him.

‘She danced with him but not close to him – in effect she was dancing alone.

‘All four of them went back to [the victim’s] flat … it isn’t clear how this came to pass, both of the women were drunk. The fourth man had never been identified.

‘When they arrived home, [the victim] was very tired and went to sleep. She went to the bedroom, then her lavatory and saw both the males were sitting on a sofa in the kitchen area talking to one another.

‘When she went to bed she was wearing her knickers, bra and pyjamas. She hadn’t eaten, she had drunk a lot and had mixed alcohol with slimming pills.

‘She was drifting in and out of sleep when she felt someone climbing over her in bed.

‘She presumed it was her friend because normally when she came over they shared a bed.

‘She realised someone was stroking her breasts. She fell asleep, then next recalled lying on her back with her legs apart.

‘She moved her legs to get away from him and turned over onto her side, once again facing the door.

‘He then tried to have sex with her from behind. She was crying and telling him to ”please go” and “stop”. He ignored her and did not reply.

‘She was very shocked and crying. She did not know if he used a condom.’

The woman jumped out of bed, grabbed her dressing gown and ran into the bathroom, the court heard.

‘There was no lock on the bathroom door so she was using her own body weight to keep the door closed,’ said the prosecutor.

‘She was hugging her knees.

‘The defendant was on the other side of the door. He was saying “What’s wrong? What’s wrong?” and she repeatedly told him to go away. He said he did not understand.

The alleged victim told her friend what had happened and initially did not want to report it.

She took a bath, got dressed and dialled 999.

‘When her friend went downstairs, she saw [the victim] crying in the kitchen,’ said Ms Blumgart.

‘The defendant was standing in the kitchen.

‘The friend started to ask him to leave; he was ignoring her but eventually left.’

The prosecutor said the woman was called by police in August 2004 and told ‘the suspect was due to be arrested and to get ready for potential media intrusion.

‘She heard nothing more and did not chase it as she wanted to get on with her life.’

On 31 August 2004, a semen stain on the duvet provided a full DNA profile but there was no match to the national database and the investigation was closed.

‘The investigation in 2004 was ended abruptly and has been the subject of a separate investigation by the Department of Professional Standards,’ said Ms Blumgart.

‘Whatever the rights and wrongs of the closure of the investigation at that point it was not the fault of either [the victim] or indeed this defendant.’

But the alleged victim wrote to the Met Police Commissioner on 14 August 2018 explaining the ‘injustice that she felt about the investigation’ and the case was reopened, jurors heard.

CCTV from the nightclub and the original 999 call had been lost, but there were stills taken available from the footage.

Ms Blumgart said: ‘Police obtained a list of all black ethnic minority officers serving in the Metropolitan Police Service in 2004 by the name of ‘Stephen’.

‘The police compared the images of them with the still image taken from the CCTV and concluded that Stephen Kyere looked similar. His shift pattern was reviewed and it was apparent that he was not on duty on the night of the offence.

‘He had a nightshift on Sunday 11 April and rest days from Monday 12 April 2004. At the time he lived around a 45 minute drive from Kingston Upon Thames.’

Kyere was interviewed on 15 January 2020 where he said he had never had non-consensual sexual intercourse and provided a DNA sample.

Ms Blumgart said: ‘The defendant’s DNA was a match. If the semen did not come from him then the profiles must match by chance.

‘It has been estimated that the DNA result is at least a billion times more likely if the DNA originated from Stephen Kyere rather than an unknown, unrelated person. A billion is a thousand million.

‘Stephen Kyere was then further interviewed on 22nd June 2020. He gave another prepared statement in which he said he remembered the incident. He said that the sexual intercourse was consensual and that he had formed the view that she was attracted to him during the course of the evening.’

Giving evidence the alleged victim told the court: ‘I wrote to Cressida Dick in 2018. I wrote directly to her. I sent an email to her about the events that had happened and the investigation was reopened.’

The woman said she had some drinks at a pub before having a Bacardi and Coke and a shot of tequila in the club.

Describing the officer she said: ‘The man had dark skin and dark hair. He told me he was a police officer. I think he was about 5’11, of average build.’

She said: ‘I don’t remember all the conversation I had with him, but I do know I was speaking to him about being a police officer because my boyfriend at the time was looking to join the police force.

‘He did get his warrant card out, he gave it to me and I saw his warrant card. The only part of the name I remember is Stephen, with a “ph” was his first name.

‘We were dancing but not close together.

‘I think he got the taxi, Stephen got the taxi, but I don’t know how. It wasn’t a black cab. I gave my address to go to my house because I wanted to go home.

‘I then tried to give Stephen his warrant card back because I still had hold of it.’

When at her flat, the woman recalled someone climbing into bed with her who she presumed was her friend.

She said: ‘I was asleep, kind of semi-unconscious asleep. I felt someone stroking my right breast and I realised it couldn’t have been my friend.

‘[Next] I woke up and my Pyjama bottoms were down and someone had pushed my legs apart and he was down orally.

‘I think I tried to roll over. I don’t know why but I couldn’t get off the bed.’

After the incident, the woman explained she was in her bathroom.

‘I was terrified and I was essentially just trying to get away from him. I was terrified and screaming to get away.

‘He wasn’t saying “what’s wrong” in a caring way, it was a questioning way.

‘I was really shaken up. I felt really really dirty. I got dressed and went to the police station.’

Kyere, of Ashford, Surrey, denies rape and indecent assault.

The trial continues.
ends