Andrew Malkinson: Calls for inquiry into wrongful rape conviction

1 year ago 24

Andrew MalkinsonImage source, PA Media

Calls are increasing for a nationalist enquiry into the lawsuit of Andrew Malkinson, who spent 17 years successful situation for a rape helium did not commit.

DNA implicating different fishy successful the transgression was recovered conscionable 3 years into his jailhouse term, BBC News has learned.

Former justness caput Sir Robert Buckland said "all agencies progressive successful this person immoderate explaining to do".

Ex-solicitor wide Lord Edward Garnier called for an enquiry "within a sixth-month period".

Mr Malkinson, 57, was recovered blameworthy successful 2004 of raping a pistillate successful Greater Manchester but ever maintained his innocence.

He was yet released successful 2020 but remained connected licence arsenic a registered enactment offender until his condemnation was yet quashed past period astatine the Court of Appeal.

In July, judges said DNA grounds pointing to different man's engagement successful the onslaught cleared Mr Malkinson's sanction aft his agelong ineligible battle.

But case documents seen by BBC News amusement that each the cardinal agencies progressive successful the lawsuit knew of this exonerating DNA by 2009, which archetypal emerged 2 years prior.

The Crown Prosecution Services (CPS) has insisted this was not "ignored" and was handed to Mr Malkinson's defence team.

Greater Manchester Police has already apologised for its handling of the investigation, admitting that Mr Malkinson was the unfortunate of a "grave miscarriage of justice".

Now elder ineligible figures accidental a ceremonial enquiry is needed to found wherever the responsibility lies for Mr Malkinson's wrongful conviction.

Mr Buckland told BBC Radio 4's World At One programme that helium was "deeply acrophobic and alternatively shocked" astatine revelations astir the beingness of DNA grounds successful the case.

Calling for an inquiry, helium said: "Clearly, this latest revelation is startling to accidental the least, shocking, which is wherefore I deliberation we request to get to the bottommost of this - not conscionable for the involvement of this lawsuit and Mr Malkinson but for immoderate different cases that either mightiness beryllium retired determination oregon mightiness beryllium to come."

Media caption,

Watch: Andrew Malkinson speaks to Radio 4's Today programme astir his archetypal nighttime of freedom

Lord Garnier, who was solicitor wide from May 2010 to September 2012, expressed "jaw-dropping shock" implicit failures successful the case.

He told the BBC's Radio 4 Today programme: "It seems to maine that what we request present is implicit and utter disclosure, nationalist disclosure, of each papers that relates to this case, prevention those which if disclosed would impede the prosecution of a caller suspect.

"And determination should beryllium a nationalist enquiry which should scope conclusions astir what went wrong, who knew what and when, wrong a sixth-month period."

Barrister Michael Mansfield described the lawsuit arsenic a "catastrophe" and pointed to different issues with the lawsuit beyond the DNA evidence, including the credibility of the witnesses who detectives relied connected and the rules astir recognition parades.

He said the "whole of this lawsuit indicates a precise basal malaise and rottenness astatine the system".

Mr Mansfield said helium supports calls for an inquiry, adding: "However I don't privation 1 that lasts six years. This has got to hap quickly, a accelerated effect to this - due to the fact that determination are different radical sitting successful jail."

A CPS spokesperson said: "It is wide Mr Malkinson was wrongly convicted of this transgression and we stock the heavy regret that this happened.

"Evidence of a caller DNA illustration recovered connected the victim's covering successful 2007 was not ignored. It was disclosed to the defence squad representing Mr Malkinson for their consideration.

"In addition, searches of the DNA databases were conducted to place immoderate different imaginable suspects. At that clip determination were nary matches and truthful nary further probe could beryllium carried out."

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