Senior circuit judge Sarah Munro KC will chair the independent inquiry into the handling of Andrew Malkinson’s case, after he wrongly spent 17 years in prison for a rape he did not commit.
The probe is set to examine how Greater Manchester Police (GMP), the Crown Prosecution Service (CPS) and the Criminal Cases Review Commission (CCRC) handled the case but will not look at the appeals process more generally, the Ministry of Justice (MoJ) said.
Mr Malkinson had his 2003 conviction quashed by the Court of Appeal in July, after new DNA evidence potentially linking another man to the crime was identified.
Mr Malkinson deserves the truth, and I am determined that this inquiry will be fearless and robust in seeking that truth and considering what lessons the justice system must learn— Judge Sarah Munro KC
Justice Secretary Alex Chalk announced a non-statutory inquiry into Mr Malkinson’s case in August, describing the wrongful conviction as “an atrocious miscarriage of justice”.
The Independent Office for Police Conduct (IOPC) has begun its own investigation into the case – examining the allegation that GMP failed to keep evidence and then failed to reveal information relating to two witnesses who gave evidence at the trial.
In a statement issued after her appointment, Judge Munro, who was the first judge to deliver a televised sentencing, said Mr Malkinson “deserves the truth” and was determined for the inquiry to be “fearless and robust”.
She said: “Mr Malkinson’s wrongful convictions for horrific crimes he did not commit have cost him nearly two decades of freedom – time he has been forced to spend protesting his innocence and fighting for justice – and have had a devastating impact on his life.
“The inquiry will focus on the police investigation, criminal trial, Mr Malkinson’s appeals and any matters that I consider relevant and important to uncovering how and why this serious miscarriage of justice took place.
“Mr Malkinson deserves the truth, and I am determined that this inquiry will be fearless and robust in seeking that truth and considering what lessons the justice system must learn.”
Judge Munro was appointed as a circuit judge in 2011 and a senior circuit judge at the Old Bailey in 2017 – specialising in homicide, serious fraud and serious sexual offences.
Mr Malkinson met with the newly appointed chair and Mr Chalk to discuss the terms of reference and the running of the inquiry, the MoJ said.
The terms of reference state that the probe will establish the course of events from the rape offence to Mr Malkinson’s exoneration, as well as the decisions made and actions taken by the agencies involved.
Judge Munro KC, a senior and highly respected judge, will leave no stone unturned in getting to the bottom of what went wrong— Alex Chalk, Justice Secretary
They also say the inquiry will operate so as not to prejudice the ongoing criminal investigation into the original rape offence and will set out lessons to be learned when the probe concludes.
Case files obtained by 57-year-old Mr Malkinson as he battled to be freed show that police and prosecutors knew forensic testing in 2007 had identified a searchable male DNA profile on the rape victim’s vest top that did not match his own.
No match was found on the police database at the time and no further action was taken.
Mr Malkinson wrote to the CCRC in 2009 for a review of his case, but at the conclusion of its review in 2012, the commission refused to order further forensic testing or refer the case for appeal.
CCRC documents relating to the case between 2009 and 2012 suggest there were concerns about costs.
Mr Chalk has asked Judge Munro to produce the inquiry’s findings promptly, the MoJ said.
He said: “Judge Munro KC, a senior and highly respected judge, will leave no stone unturned in getting to the bottom of what went wrong, so that vital lessons are learned.”
