The justice secretary has ordered an independent inquiry into the circumstances and handling of Andrew Malkinson’s case, after he wrongfully spent 17 years in prison for a rape he did not commit.
His conviction was quashed by the Court of Appeal last month after DNA testing linked the crime to another man.
Justice secretary Alex Chalk said: “Andrew Malkinson suffered an atrocious miscarriage of justice and he deserves thorough and honest answers as to how and why it took so long to uncover.
“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.”.
The inquiry will investigate the handling and the role of Greater Manchester Police, the Crown Prosecution Service and the Criminal Cases Review Commission in his conviction and subsequent appeals to ensure lessons are learned.
Andrew Malkinson had his conviction quashed at the Royal Courts of Justice in London (Jordan Pettitt/PA)— (PA Wire)
Mr Malkinson was sentenced to life in prison in 2004 after a 33-year-old woman was raped and left for dead on a motorway embankment the previous year.
Despite there being no DNA evidence linking him to the crime and Mr Malkinson appearing at work the next day without a “deep scratch” on his face as described by the victim, he was convicted by a jury.
Having spent almost two decades fighting to clear his name and to convince authorities of his innocence, his conviction was quashed by the Court of Appeal in July 2023.
Responding to news of the inquiry, Mr Malkinson said: “I welcome this independent inquiry because I want full answers and accountability from all those who played a role in the injustice I suffered.
“I hope the chair of this inquiry will adopt a scientific approach to get to the full truth behind why the justice system was in denial for so long.
“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.
Mr Malkinson was cleared by the Court of Appeal (PA)— (PA Wire)
“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.
“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.”
Emily Bolton, founder of Appeal and Mr Malkinson’s solicitor, said: “It is absolutely right that there is an independent inquiry into Andy’s avoidable wrongful conviction and how this catastrophic injustice persisted for two decades.
He has welcomed the independent inquiry and has called for ‘full answers and accountability’ (Jordan Pettitt/PA)— (PA Wire)
“The police, prosecution, courts and CCRC all failed disastrously in this case. Their actions must be scrutinised in the same way investigators interrogate black box data after a plane crash.
“Andy must be at the heart of any inquiry including having a voice in setting its terms of reference.
“If the agencies involved refuse to act with full transparency and candour, then the inquiry must be put on a statutory footing. Andy is all too conscious of the delays caused by the police’s failure to disclose documents to the Daniel Morgan Inquiry, which was non-statutory.
“To avoid future catastrophes in our justice system, this inquiry must not shy away from calling for bold reforms.”
