Helen Pitcher OBE

Mr Malkinson wrongly served 17 years behind bars after being convicted in rape in 2004. He steadfastly maintained his innocence and his convictions were quashed in 2023 – two years after his release.

There was no forensic evidence incriminating Mr Malkinson at the time of his trial, but advancements in DNA technology meant that there was evidence of his innocence within five years of his imprisonment.

Despite this, Mr Malkinson’s first two applications to the CCRC in 2009 and 2018 were rejected. A third application in 2021 was accepted, largely thanks to extensive work by the legal charity APPEAL.

Chris Henley KC was appointed to conduct an independent review of the CCRC’s handling of the case.

His 130-page report, published yesterday in a redacted form, found that Mr Malkinson was “failed” by the miscarriages of justice body and should lead to “an expression of regret and apology”.

He also called for “a fresh review or ‘trawl’ of all potentially similar cases involving DNA evidence”, which the CCRC said is already under way.

CCRC chairperson Helen Pitcher OBE made a public apology to Mr Malkinson in April on receipt of Mr Henley’s report.

However, she has said she continues to believe she is the “best person” to lead the CCRC and will not resign from the post despite being urged to by the lord chancellor Shabana Mahmood in a private meeting yesterday morning.

Ms Mahmood has said she will seek to remove Ms Pitcher from the post.

In a statement, Mr Malkinson said: “I am very pleased that the justice secretary is seeking to sack Helen Pitcher, who proved herself utterly unfit to lead the CCRC. I hope this will be followed with a complete overhaul which transforms the CCRC into a body that delivers justice to wrongfully convicted people like me.

“Ms Pitcher’s discredited senior leadership team should also now go, and be replaced with people who are serious about fighting miscarriages of justice.”

James Burley, who led APPEAL’s investigation into Andrew Malkinson’s case, said: “Helen Pitcher’s removal as chair will be a real victory for Andy and the rest of us who know the CCRC has been failing miscarriage of justice victims for years.

“APPEAL welcomes the justice secretary’s decisive action, and hopes it will be followed with root and branch changes, including bringing in a fresh leadership team.”

The CCRC investigates potential miscarriages of justice in England, Wales and Northern Ireland.