England: Independent inquiry to be held into Malkinson case
Lord Chancellor Alex Chalk and Attorney General Victoria Prentis have ordered an independent inquiry into the circumstances and handling of Andrew Malkinson’s case after his conviction for rape was quashed by the Court of Appeal last month.
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 from the significant miscarriage of justice he has suffered.
It will be led by a senior legal figure and the Criminal Cases Review Commission, Crown Prosecution Service and Greater Manchester Police have all today pledged their full co-operation.
Mr 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.”
Max Hill KC, 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.”
Helen Pitcher OBE, chairman of the Criminal Cases Review Commission, commented: “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 Lord Chancellor.
“We must all contribute fully and engage promptly – and with a commitment to implement any recommendations it draws.
“This cross-organisational review will complement the additional review being led by Chris Henley KC specifically into the CCRC’s handling of Andrew Malkinson’s applications. We always learn lessons from investigations to help with our future work, and due to the nature of this case it’s right that such an exercise is carried out by an independent KC alongside this broader review.”
Ms Prentis added: “An independent inquiry cannot give Andrew Malkinson 17 years of freedom back. It can provide the accountability he is owed by the criminal justice system and give all of us the reassurance that we learn the lessons from a tragic miscarriage of justice.”