Andrew Malkinson: Inquiry ordered after man wrongly jailed for 17 years in false rape conviction
Mr Malkinson spent years in prison before his conviction was overturned. Greater Manchester Police, the Crown Prosecution Service and the Criminal Cases Review Commission will all have their actions looked into.
Thursday 24 August 2023 15:28, UK
An inquiry has been ordered into the handling of the Andrew Malkinson case after he wrongly spent 17 years imprisoned for a rape he did not commit.
Mr Malkinson had his sentence overturned in July after DNA evidence potentially linking another man to the crime was identified.
While the inquiry is independent, it is not statutory and therefore not able to compel people to come before it.
Justice Secretary Alex Chalk said Mr Malkinson's ordeal was "an appalling miscarriage of justice".
Greater Manchester Police, the Crown Prosecution Service and the Criminal Cases Review Commission (CCRC) will all have their roles in Mr Malkinson's conviction and imprisonment reviewed.
As he was head of the Crown Prosecution Service, there have been calls for Labour leader Sir Keir Starmer to confirm he will comply if called by the inquiry.
Sir Keir was director of public prosecutions between 2008 and 2013; the evidence that exonerated Mr Malkinson came to light in 2007 and was known to all the key agencies - including the CPS - in 2009.
Sir Keir has previously said that questions about the case should be "directed elsewhere", adding that the "material in question was given to Mr Malkinson's lawyers".
Mr Chalk said: "The core function of our justice system is to convict the guilty and ensure the innocent walk free. Yet a man spent 17 years in prison for a crime he did not commit while a rapist remained on the loose.
"It is essential that lessons are learned in full."
He added that one of the reasons the inquiry was not statutory was to try and shorten the amount of time it would take.
Mr Malkinson said: "I spent over 17 years wrongly imprisoned and so I hope that my lawyers and I will be given the opportunity to feed into the inquiry's terms of reference.
"I had to take the police to court twice to force them to hand over evidence.
"The CCRC has so far refused to apologise and take accountability. So, naturally, I am concerned that witnesses from these agencies may not co-operate and hand over all the evidence."
He added: "If there is any obstruction by the agencies involved, then the inquiry needs to be made statutory so that they can be compelled to hand over evidence.
"I want to see serious, profound changes in our justice system coming out of this. My case shows that the police cannot be trusted to investigate impartially or act as faithful gatekeepers to the evidence.
"It also shows that the CCRC, which could have spared me years of life behind bars, is not fit for purpose."
Read more:
Starmer urged to co-operate in Malkinson case
Police 'knew of another man's DNA' on victim's clothes
CCRC to review handling of Malkinson case
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Mr Malkinson has called for an apology from the chair of the CCRC, Helen Pitcher. Mr Chalk said it was "not the time to get into the particular personalities" when asked if he had confidence in Ms Pitcher.
Chief Constable Stephen Watson, of Greater Manchester Police, said the force's participation in the probe would be "fulsome and reflective of integrity, candour and humility".
He added: "I am very sorry that Mr Malkinson has suffered so grievously over these past many years. I acknowledge and regret the very difficult and prolonged journey that Mr Malkinson has had to undertake to prove his innocence. This appalling miscarriage of justice merits the most detailed scrutiny."
Helen Pitcher OBE, chair of the CCRC said: "To understand what went wrong in this appalling miscarriage of justice, every organisation involved in handling the case has to fully embrace this whole-system review quite rightly commissioned by [the Justice Secretary].
"We must all contribute fully and engage promptly - and with a commitment to implement any recommendations it draws."
Max Hill KC, the current director of public prosecutions, said: "We welcome and will co-operate fully with the inquiry into the role of all parties in the Andrew Malkinson miscarriage of justice. As well as supporting the inquiry, the CPS is fully committed to supporting the fresh investigation and bringing the right offender to justice."