Paul Baden, 56, (shown in a photo taken today), was accused of harassing ex Julie Berriman through repeated calls and texts, with police relying on 'unpleasant' messages Miss Berriman had shown them on her phone

A former boyfriend who was cleared of harassing his former partner has slammed police and prosecutors after it was revealed key text messages were not disclosed to his defence.

Paul Baden, 56, formerly of Rugby, was accused of harassing ex Julie Berriman through repeated calls and texts, with police relying on 'unpleasant' messages Miss Berriman had shown them on her phone.

But officers did not examine Mr Baden's mobile, which his lawyer argued would have put the messages into context, and failed numerous times to answer the defence team's requests to produce it as an exhibit.

When police did eventually provide the phone for his lawyer, Pete Gotch, to examine, it was found to contain more than a thousand messages, so magistrates discontinued the case after the solicitor argued the prosecution should not be allowed another adjournment.

As bail conditions dictated Mr Baden could not return to the home he had shared with his former partner, the defendant was forced to sleep in his car.

'My life has been on hold since August and I have been made homeless,' he told MailOnline.

'I am diabetic and have chronic fatigue syndrome. It is directly because of the police action that I have been living in my car all over the winter.

‘I don’t think the system is fit for purpose. In my view the police feel themselves to be unaccountable.

‘I have complained to the police professional standards. It is an unjust system which need to be independently reviewed.'

Speaking after the bungled case, first reported by the Coventry Telegraph, solicitor Mr Gotch claimed police and prosecutors are guilty of evidence disclosure failings in the 'majority' of magistrates court cases.

And he believes the problem is so serious that innocent people have been found guilty because 'inefficiency' meant their defence teams were not informed of evidence that could clear their name.

Mr Gotch, of Leamington Spa-based John Onions Solicitors, told MailOnline: 'We rely heavily on the CPS and police to disclose evidence and that seems to be often lacking.

Mr Baden's solicitor, Peter Gotch, (left) told Warwickshire Magistrates Court (right) the case proved disclosure failings were rife across all levels of the justice system

'It is actually quite rare that disclosure happens on time. I would say that in most trial cases I have dealt with there have been failings from the CPS.

‘It has got worse in the last couple of years. Now it’s become normal that the Crown will serve evidence before you on the day before trial.'

The ex-policeman, who has been a lawyer for more than a decade, mainly working at magistrates courts, insisted the bungled case was not a one-off.

‘Even when the defence know the Crown have such evidence it is really hard to get it,' he said.

‘You wonder how many cases go through the court without the defence even knowing there is evidence that could help them.

‘The public think this problem is confined to serious cases, in particular rape cases, but that is not actually true.'

When asked if there could have been cases when innocent people were convicted magistrates because of CPS failings to disclose evidence he said: 'That must have been the case.’

Mr Gotch blames the problems on a shortage of funding at the CPS, a 'lack of concern' about disclosing evidence among prosecutors and 'a breakdown of communication' between the CPS and the police.

He also claims policemen are not sufficiently trained in evidence disclosure, so sometimes fail to provide defence teams with information that proves vital to disproving their clients' guilt.

‘I think there is a breakdown in communication between the CPS and the police,' he said. ‘The CPS are overworked, but there also appeals to be a general lack of concern in the organisation about this issue.

‘In relation to the Baden case, the file must have passed through quite a few hands but no one actually took a grip and thought they would sort that matter out.

'There is also a real lack of training in the police. Officers are now responsible for unused material yet I don't think police officers are properly trained about what it is and why it is important.’

Mr Gotch noted that professional guidelines require prosecutors to apply for an adjournment if the Crown has failed to disclose defence evidence on the first day of the trial.

The CPS did not comment on Mr Gotch's claims and directed MailOnline to a statement released by Warwickshire Police.

The CPS did not comment on Mr Gotch's claims and directed MailOnline to a statement released by Warwickshire Police

Chief Inspector Andrew Reynolds said: 'We are committed to making full disclosure of all relevant evidence to defence teams; this is vital to ensuring justice is done and the public has confidence in the police and criminal justice system.

'We are aware of the concerns raised in respect to this case and will be carrying out a full review of how it was handled and speaking to the officers involved. Where we identify areas for improvement we will ensure this happens.'

The issue of disclosure of evidence has been at the centre of a series of sex offence trials which have collapsed in recent months.

More than 900 criminal cases were dropped last year due to a failure by police or prosecutors to disclose evidence.

The series of failures led former Lord Chief Justice, Igor Judge, to warn that juries may start to think they have not been shown all the evidence, and victims to not come forward.

In December, Isaac Itiary was released from prison after it emerged his alleged victim posed as a 19-year-old woman and lied about her age.

Police officers had texts which showed the girl was lying about her age but only released them after he had spent four months in custody awaiting his trial.

Earlier this month, the case against Samson Makele, 28, was halted after his defence team unearthed vital photographs from his mobile phone which had not been made available.

Mr Makele was accused of raping a woman after they met at Notting Hill Carnival in 2016 but he always claimed the sex was consensual.

His case, which was due to begin next month, was thrown out after more than a dozen photographs were found which showed the pair naked and cuddling in bed.

Also this month, Oxford student Oliver Mears, 19, spent two years on bail accused of raping and indecently assaulting a woman in July 2015.

But the CPS decided to offer no evidence against him on the basis of fresh evidence, including a diary that supported his case, which was passed to the CPS just a week earlier.