A LEIGH mum is fighting 'a gross miscarriage of justice' after her 13-year-old daughter's alleged rapist walked free from court.

Now she has written to Leigh MP Lawrence Cunliffe and called in Leigh solicitor Bob Toppin to help her find out why, after plea bargaining, the youth was given a one year probation order and placed on the sex offenders' list, at Liverpool Crown Court.

And she is calling for an investigation into the move that led to the charge of rape being reduced to indecent assault - an offence to which the youth pleaded guilty.

She also wants to know why neither she nor detectives involved in the case were not informed of the decision to go for the lesser charge.

The mum, who cannot be identified for legal reasons, said: "My daughter was attacked at 7pm even though she had a friend with her. This case has totally changed her life. She used to be outgoing, now she has become withdrawn.

"It took 12 months for the case to eventually be heard following appearances at Leigh Magistrates' Court and committal to Bolton Crown Court, before it was finally heard in Liverpool.

"During that time she coped well, but now she feels let down and that her assailant has 'got away with it'. It is a gross miscarriage of justice.

"She now thinks that the assault was her fault and feels guilty. She has become a victim. She is sickened even more that she sees her attacker nearly every day.

"She won't go out after dark and worries about the safety of her older sister and myself, even though she is now only 14.

"She had to endure cross examination for 100 minutes after giving video evidence and for what?

"Why do a deal in a case like this? We had the same barrister at Leigh and Bolton, but when the case went to Liverpool we were told a new one had been brought in because the other was not available on the days needed.

"He carried out plea bargaining without consulting me, something he should not have done as my daughter is a minor.

"If we had known there was a new barrister we could have asked for an adjournment until the one who knew the case was available.

"I think it is disgusting. The American system of plea bargaining is totally wrong. I want an inquiry into why this action was taken.

"Mr Cunliffe has told me he will write to the Director of Public Prosecutions and I have asked Mr Toppin, to take up the case."

Solicitor Mr Toppin said: "I shall write to the Chief Superintendent about the handling of the case and send a copy to the Crown Prosecution Service.

"This mum has every right to an explanation of the handling of the case."

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